The district court's award of attorney fees and costs is not clearly erroneous. Knutson argues that the court erred in not awarding fees and costs it incurred in its postjudgment motion to prove the amounts recoverable under the indemnification agreement. These fees and costs were incurred in enforcing indemnification. We find, therefore, that Knutson is entitled to recovery, and we remand this matter to the district court. Knutson argues it is entitled to attorney fees and costs on appeal.
Attorney fees are recoverable if specifically authorized by contract or statute.
The award of attorney fees on appeal rests within the broad discretion of the appellate court. In making an award of attorney fees, this court will consider a number of factors, including the time and effort required of the attorney, the complexity of the issues, the value of the interest involved, and the results secured. While Minn. Stat. 337 does not discuss the recovery of attorney fees on appeal, the indemnification agreement authorizes the recovery of attorney fees. Knutson was required to defend its right to indemnification on appeal in a fairly complex case.