210 and the defendant was entitled to recover those costs incurred after the offer was made. Craw- ford v. Amadio, 932 P.2d 1288, 1997 Wyo. LEXIS 37 (Wyo. 1997). Attorney fees in offer of judgment. — In an action by a real estate agent and her corpo- ration (realtors’) against a seller for breach of a listing agreement, the seller’s W.R.C.P. 68 offer included attorney fees as part of the amount stated in the offer although the offer was silent about attorney fees, where the agreement pro- vided that the breaching party would pay the nonbreaching party’s attorney fees, where the realtors included a claim for attorney fees in their complaint, and where the offer stated that the offer was in full and final satisfaction of all claims. Real Estate Pros, P.C. v. Byars, 2004 WY 58, 90 P.3d 110, 2004 Wyo. LEXIS 71 (Wyo. 2004). Reasonable necessary deposition ex- penses, made after settlement offer, reim- bursable. — Reasonable necessary deposition expenses made after the making of a settle- ment offer, such as those made for depositions relied upon by the court in granting partial summary judgment in favor of the defendant, were properly includable in reimbursable costs. However, the expense of preparing enlarged exhibits for trial was not a taxable cost. Duffy v. Brown, 708 P.2d 433, 1985 Wyo. LEXIS 597 (Wyo. 1985). Conditional acceptance of settlement of- fer was not valid. — In a personal injury suit, plaintiff’s communication of acceptance modi- fied the offer of settlement by adding language stating plaintiff did not admit the damages she sustained were limited to the amount offered and she did not waive her right to pursue her personal injury claim. Because plaintiff’s accep- tance was not unconditional and did not mirror the offer of settlement, she did not validly accept the offer of settlement under this rule; therefore, a judgment could not be entered in her favor. Dunham v. Fullerton, 2011 WY 103, 258 P.3d 701, 2011 Wyo. LEXIS 105 (Wyo. 2011).
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