Taylor v. Wells Fargo Home Mortgage ( 2013 )


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  •       Notice: This opinion is subject to correction before publication in the P ACIFIC R EPORTER .
    Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts,
    303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email
    corrections@appellate.courts.state.ak.us.
    THE SUPREME COURT OF THE STATE OF ALASKA
    SUSAN TAYLOR,                                  )
    )        Supreme Court No. S-14211
    Appellant,               )
    )        Superior Court No. 3AN-04-04501 CI
    v.                                       )
    )        OPINION
    WELLS FARGO HOME                               )
    MORTGAGE and ROUTH                             )        No. 6782 - May 17, 2013
    CRABTREE, P.C.,                                )
    Appellees.                     )
    )
    Appeal from the Superior Court of the State of Alaska, Third
    Judicial District, Anchorage, Craig Stowers, John Suddock,
    and Gregory A. Miller, Judges.
    Appearances: Yale H. Metzger, Law Offices of Yale H.
    Metzger, Anchorage, for Appellant. George M. Cruickshank,
    Routh Crabtree, APC, Anchorage, for Appellee Wells Fargo
    Home Mortgage, Richard L. Crabtree, Routh Crabtree, APC,
    Anchorage, for Appellee Routh Crabtree, P.C.
    Before: Carpeneti, Chief Justice, Fabe and Winfree, Justices.
    [Stowers, Justice, not participating.]
    CARPENETI, Chief Justice.
    I.    INTRODUCTION
    A woman purchased a home and fell behind on her mortgage payments.
    Despite the bank having agreed to postpone a foreclosure sale, the bank proceeded with
    the sale. After the woman threatened suit, the bank re-purchased the home and entered
    into settlement negotiations with the woman; the bank promised to re-convey the
    property to the woman so that she could proceed with a sale to a third party. The bank
    subsequently refused to perform and the woman sued both the bank and the bank’s
    counsel for breach of the settlement agreement and fraudulent inducement.
    The superior court granted partial summary judgment to the woman on her
    breach of contract claim, finding that a binding settlement contract had been formed
    between the woman and the bank. The woman then filed for bankruptcy. The
    bankruptcy trustee sold the property and the bankruptcy estate abandoned the present
    state court claim, placing the remaining balance from the sale of the property into the
    superior court registry.
    The superior court held a bench trial on the remaining fraud claim and on
    the parties’ respective damages. At the conclusion of the woman’s case, the court
    granted a directed verdict to the bank and the bank’s counsel on the fraud claim. The
    superior court awarded the bank the unpaid loan balance as well as the fair rental value
    of the property for the woman’s post-foreclosure occupancy of the property, and awarded
    the woman lost sale damages. The superior court also awarded the parties prejudgment
    interest, and later awarded the bank and its counsel attorney’s fees.
    The woman appeals the superior court’s final judgment. Because the bank
    abandoned its claim for rental damages at trial, we reverse the superior court’s award of
    rental damages and any accompanying award of prejudgment interest. Because any right
    to recover fees for work performed on behalf of the dismissed defendants has been
    waived, because it was error to award attorney’s fees to the bank’s counsel in responding
    to the bankruptcy petition, and because the superior court did not properly calculate
    attorney’s fees under Alaska Civil Rule 68, we remand to recalculate attorney’s fees. We
    affirm the superior court in all other respects.
    -2-                                    6782
    II.    FACTS AND PROCEEDINGS
    A.     Facts
    Susan Taylor purchased a house in Anchorage in October 2002. Wells
    Fargo Home Mortgage held the primary mortgage on the house, and Capital One Credit
    Union held a second mortgage. Sometime around May 2003, Taylor fell behind on her
    payments to Wells Fargo. Routh Crabtree, P.C.,1 which represented Wells Fargo
    throughout the present case, initiated a nonjudicial foreclosure sale of the property on
    behalf of Wells Fargo. A foreclosure sale was scheduled for January 6, 2004. Upon
    learning of the foreclosure, Taylor listed the property for sale through a real estate agent,
    Charles Stone, who located a buyer and secured an offer on the property. Stone
    contacted Routh Crabtree to postpone the foreclosure sale. Despite Stone apparently
    having reached agreement with Routh Crabtree to postpone the sale, the sale proceeded
    as scheduled on January 6. After Taylor learned of the foreclosure sale, she contacted
    1
    Taylor disputed the naming of “Routh Crabtree” throughout the
    proceedings. In her February 17, 2004 complaint, Taylor named “Routh Crabtree, P.C.”
    as a defendant. At the time Taylor filed her initial complaint, “Routh Crabtree, P.C.” was
    a business alias used by a professional corporation formally incorporated as “Stephen
    Routh, P.C.” On April 22, 2004, “Stephen Routh, P.C.” formally changed its corporate
    name to “Routh Crabtree, P.C.” On August 4, 2005, after Taylor moved to amend her
    complaint pursuant to Alaska Civil Rule 15 to better represent the parties as they existed
    at the time of the original dispute, the superior court added the following defendants to
    the present case: “Stephen Routh, P.C. and Richard Crabtree, a partnership”; and
    “Richard Crabtree, individually.” In 2009, the parties stipulated to dismiss “Stephen
    Routh, P.C. and Richard Crabtree, a partnership,” as well as “Richard Crabtree,
    individually.” In her limited non-opposition to the dismissal of these two parties, Taylor
    stated that her “understanding of [the] stipulation was that . . . there would be no adverse
    consequences to [Taylor] caused by the substitution, for example . . . the partnership
    would not be entitled to any defense attorney’s fees.” Finally, on January 19, 2010, both
    “Stephen Routh, P.C. and Richard Crabtree, a partnership,” as well as “Richard Crabtree,
    individually,” were dismissed with prejudice. The present case therefore continued
    solely as between Taylor, Wells Fargo, and “Routh Crabtree, P.C.”
    -3-                                        6782
    a local television station, which publicized the sale. At the time of the foreclosure sale,
    Taylor owed Wells Fargo $199,588 as the balance on her loan.
    Taylor threatened suit against Wells Fargo. On January 28, 2004, Richard
    Ullstrom, an attorney at Routh Crabtree, sent a letter on behalf of Wells Fargo to
    Taylor’s attorney. The letter, in pertinent part, stated:
    Wells Fargo Home Mortgage has entered into an agreement
    with the party who acquired the Taylor property at the
    foreclosure sale, to refund the purchase price in return for a
    deed of the property and a release of all claims. Wells Fargo
    will then be in a position to return title to the property to Ms.
    Taylor to allow her to close her sale of the property.
    As a condition of doing so, Wells Fargo Home Mortgage will
    of course require that Ms. Taylor execute a release of all
    claims she might have in connection with the foreclosure and
    foreclosure sale. If she is willing to do this, I anticipate that
    we can have this matter wrapped up by the end of the week.
    Please advise if she is willing to do so, and if so, I will draft
    the necessary paperwork.
    Taylor’s attorney, Yale Metzger, responded the next day. His letter, in pertinent part,
    stated:
    This will acknowledge receipt of Mr. Ullstrom’s facsimile
    dated January 28, 2004, and the settlement offer contained
    therein. Ms. Taylor has instructed me to communicate her
    acceptance of Wells Fargo’s settlement offer. This letter
    should be considered that acceptance. Please forward a draft
    of the release you require Ms. Taylor to sign for my review.
    On January 31, Ullstrom sent a draft of the release to Taylor. The last paragraph of the
    draft release contained a confidentiality provision:
    The terms and conditions of this Release and underlying
    agreement shall be confidential. Except as provided above or
    required by law, court order, the enforcement of the
    provisions hereof, or as may be reasonably required by
    -4-                                      6782
    creditors, beneficiaries, bureaus, auditors, accountants or tax
    consultants of the respective parties, or any regulatory or
    governmental agency, the parties and their counsel shall
    maintain in strict confidence and shall not disclose the
    substance or contents of this Release to any third party
    without the written consent of the parties herein.
    On February 4, 2004, Metzger responded that “[t]he draft release conforms with the
    agreement of the parties except for the last paragraph concerning confidentiality.”
    Metzger struck the confidentiality provision and Taylor signed the release, thereby
    tendering her performance under the terms of the alleged settlement agreement. Wells
    Fargo thereafter refused to perform and maintained that it was not willing to settle
    without the inclusion of a confidentiality provision.
    On February 20, 2004, the buyer at the foreclosure sale quitclaimed all his
    interest in the property to Wells Fargo.
    B.     Proceedings
    In February 2004, Taylor filed suit against Wells Fargo and Routh Crabtree,
    P.C.2 Taylor asserted two claims relevant to this appeal: (1) the letters exchanged
    between Taylor and Wells Fargo created a binding settlement contract, which Wells
    Fargo breached when it refused to perform; and (2) Wells Fargo, through its agent,
    Routh Crabtree, fraudulently induced Taylor into accepting a settlement offer that it
    would not perform unless Taylor agreed to an added confidentiality provision. Three
    days later Taylor filed a lis pendens on the property.
    Wells Fargo counterclaimed and sought the following relief: (1) that
    Taylor’s claim be dismissed with prejudice; (2) that Wells Fargo be awarded judgment
    2
    Taylor’s complaint also named two other parties: (1) Larry Rhymer, the
    purchaser at the foreclosure sale; and (2) Land Title Company of Alaska. Neither
    Rhymer nor Land Title Company of Alaska are relevant to this appeal. Rhymer was
    dismissed in September 2004. Land Title Company of Alaska settled pre-bankruptcy.
    -5-                                    6782
    for Taylor’s use and occupancy of the property beginning February 20, 2004, the date
    on which it gained possession of the property from the buyer at the foreclosure sale;3 (3)
    that Wells Fargo be decreed owner of the property; and (4) that Wells Fargo be awarded
    attorney’s fees and costs. Routh Crabtree responded and requested the following relief:
    (1) that Taylor’s claim be dismissed with prejudice; and (2) that Routh Crabtree be
    awarded attorney’s fees and costs.
    In December 2004, Superior Court Judge Craig Stowers granted partial
    summary judgment in Taylor’s favor on the breach of contract question. The court
    determined that Wells Fargo made an offer to settle with Taylor in its January 28, 2004
    letter, which did not include a confidentiality provision. The court held that Taylor
    accepted this offer in her January 29, 2004 letter. Based on this finding, the court
    ordered specific performance. The superior court additionally stated that “[t]he court
    also intends to exercise its equitable authority to require [Taylor] to pay defendant for
    the fair value of her occupancy of the premises from the date that she stopped paying
    until the date that the premises is tendered back to [Wells Fargo].”
    On October 15, 2005, Taylor filed for relief under Chapter 7 of the U.S.
    Bankruptcy Code. In accordance with 11 U.S.C. § 362,4 the proceedings in the present
    case were stayed pending the outcome of the bankruptcy proceedings. During the
    bankruptcy proceedings, the bankruptcy trustee unsuccessfully attempted to facilitate a
    settlement agreement between Taylor and Wells Fargo.             In February 2006, the
    3
    Taylor retained occupancy of the property post-foreclosure. In its
    November 9, 2010 Findings of Fact, Conclusions of Law, and Order, the superior court
    determined that, although Taylor vacated the premises in May 2004, Wells Fargo was
    not notified of her leaving until December 2004.
    4
    Section 362 is the automatic stay provisions of the U.S. Bankruptcy Code.
    See 11 U.S.C. § 362 (2006).
    -6-                                      6782
    bankruptcy court granted Taylor a discharge in bankruptcy.5 In 2007, the trustee
    persuaded Taylor to release the lis pendens and obtained the consent of the parties to sell
    the property. After also obtaining the bankruptcy court’s approval, the trustee sold the
    property for $298,000.
    In January 2008, the trustee filed a motion under 11 U.S.C. § 554 6 to
    approve the abandonment of the bankruptcy estate’s interest in the present case and in
    approximately $240,000 in funds remaining from the sale proceeds of the property. The
    trustee noted that the interests of Taylor and Wells Fargo in the funds should “attach . . .
    as the Superior Court may determine. . . . But what those interests are will have to be
    determined by the Superior Court in the action Susan Taylor filed against Wells Fargo
    pre-petition.” The trustee also filed a companion motion under 11 U.S.C. §§ 503 7 and
    506(c)8 “to recover his costs and expenses and compensation, and the fees and expenses
    of his attorney, from the proceeds of the sale of real property in this case . . . .” In this
    5
    The formal notice of Taylor’s discharge does not appear in the record.
    6
    Section 554(a) provides for abandonment of “any property of the estate that
    is burdensome to the estate or that is of inconsequential value and benefit to the estate.”
    11 U.S.C. § 554 (2006).
    7
    Section 503 provides for the payment of administrative expenses in
    bankruptcy proceedings. See 11 U.S.C. § 503 (2006).
    8
    Section 506(c) provides:
    The trustee may recover from property securing an allowed
    secured claim the reasonable, necessary costs and expenses
    of preserving, or disposing of, such property to the extent of
    any benefit to the holder of such claim, including the
    payment of all ad valorem property taxes with respect to the
    property.
    11 U.S.C. § 506(c) (2006).
    -7-                                        6782
    companion motion, the trustee reiterated his intention to “let [Taylor and Wells Fargo]
    fight over the Funds.” In February 2008, the bankruptcy court approved the trustee’s
    request to abandon the remainder of the funds to the superior court’s registry account
    “with the interests of Wells Fargo and Susan Taylor to attach to those funds as their
    interests may be determined.”
    In December 2008, Wells Fargo and Routh Crabtree made an offer of
    judgment to Taylor under Alaska Rule of Civil Procedure 68 and AS 09.30.065.9 They
    offered $23,264.60 to be paid to Taylor from the court registry, with the remaining funds
    paid to Wells Fargo. This offer was made “in full and final resolution of all claims and
    counterclaims brought, or which could have been brought, by each and every party . . .
    inclusive of all principal, interest, applicable penalties, costs, attorney’s fees, and/or relief
    to which any party may be entitled.” Taylor did not accept this offer.
    In March 2010, Superior Court Judge John Suddock held a bench trial on
    the remaining issues.10 The parties each presented evidence regarding damages, and
    Taylor presented evidence regarding her fraud claim. Wells Fargo also abandoned its
    claim for rental damages for Taylor’s post-foreclosure occupancy of the property. In
    support of her fraud claim, Taylor relied on Wells Fargo’s admission during discovery
    that “there was never a time when the confidentiality clause was not considered a part
    9
    Both Alaska R. Civ. P. 68(a) and AS 09.30.065(a) provide that:
    At any time more than 10 days before the trial begins, either
    the party making a claim or the party defending against a
    claim may serve upon the adverse party an offer to allow
    judgment to be entered in complete satisfaction of the claim
    for the money or property or to the effect specified in the
    offer, with costs then accrued.
    10
    After the superior court’s entry of partial summary judgment in Taylor’s
    favor in 2004, Judge Suddock replaced Judge Stowers as the judge presiding in this case.
    -8-                                          6782
    of any agreement with [Taylor].” During trial, Erin Hirzel Roesch, an employee of Wells
    Fargo, testified that, prior to the time of the disputed settlement agreement, Wells Fargo
    had a policy in place that all settlement agreements would contain confidentiality
    provisions. Moreover, Roesch testified that this was not the first matter in which Routh
    Crabtree had represented Wells Fargo. But Roesch also testified that Wells Fargo only
    would have communicated its policy regarding confidentiality to Routh Crabtree “in a
    general sense as a requirement,” and that Wells Fargo would not have reviewed Routh
    Crabtree’s January 28, 2004 letter to Taylor before it was sent.
    At the close of Taylor’s case at trial, Wells Fargo and Routh Crabtree
    moved for a directed verdict on Taylor’s fraud claim. The superior court found “that no
    reasonable Court or jury could find that there was fraudulent intent or damage flowing
    from justifiable reliance on something that turned out to be a misrepresentation because
    there was no misrepresentation. There was an offer and acceptance. There was a
    settlement. The settlement holds.” On this basis the superior court granted the motion
    for a directed verdict. Finally, during closing argument at trial, Taylor for the first time
    argued that Wells Fargo’s failure to produce a written deed of trust note violated the
    statute of frauds and precluded Wells Fargo from recovering the unpaid loan balance.
    In November 2010, the superior court entered its Findings of Fact,
    Conclusions of Law, and Order, in which it primarily considered the parties’ damages.
    The court first found that Taylor vacated the property in May 2004, that Wells Fargo
    received effective notice of her departure in December 2004, and that Wells Fargo
    repossessed the home on or about December 15, 2004. The court also made a number
    of findings regarding the calculation of Taylor’s damages, including that: (1) it was
    reasonable to set the fair rental value of the property at $1,500 per month; (2) Taylor had
    successfully negotiated her second deed of trust on the property to $6,000; (3) it was
    reasonable to set the brokerage commission for Taylor’s sale of the property at six
    -9-                                       6782
    percent; (4) Taylor’s estimated costs of sale of the property were one percent; and (5)
    Wells Fargo’s claim of $5,732 for damages to the property were unsupported by the
    evidence.
    The superior court then concluded that: (1) but for Wells Fargo’s breach,
    Taylor would have netted $15,287 from the sale of the property to a third party; (2)
    Taylor was not entitled to emotional distress damages or consequential damages; and
    (3) Taylor was liable for occupancy of the property post-foreclosure at a total cost of
    $17,250. The court also awarded Wells Fargo $199,588, the balance of its deed of trust
    at the time of foreclosure. The court awarded Taylor $15,287 in lost sale damages
    against Wells Fargo. Taylor recovered nothing against Routh Crabtree. In a later
    Amended Final Judgment, the superior court awarded Wells Fargo $52,843 in
    prejudgment interest on the deed of trust, and $3,973 in prejudgment interest on the
    rental value. The court awarded Taylor $4,047 in prejudgment interest.
    In February 2011, Taylor filed a motion for attorney’s fees under Alaska
    Civil Rule 82. In her motion, Taylor asserted that “[t]he main issue in the captioned case
    was whether Wells Fargo . . . and Routh Crabtree . . . breached the settlement agreement
    with Susan Taylor in early 2004 by refusing to perform according thereto.” On the same
    day, Wells Fargo filed a motion for attorney’s fees in which it asserted that, because
    Taylor’s final recovery against Wells Fargo was more than ten percent less favorable
    than Wells Fargo and Routh Crabtree’s December 2008 Rule 68 Offer of Judgment, it
    was the prevailing party. Also on February 17, 2011, Routh Crabtree filed a motion for
    attorney’s fees in which it asserted that it was entitled to enhanced attorney’s fees on two
    alternative grounds: (1) that the relief awarded Taylor was substantially less than the
    Rule 68 Offer of Judgment; and (2) that Taylor engaged in vexatious, bad faith conduct.
    In May 2011, the superior court entered its order on attorney’s fees. The
    court first sua sponte reconsidered its decision to award prejudgment interest to Wells
    -10-                                       6782
    Fargo, at least as far as this issue related to the court’s award of attorney’s fees.11 The
    court made two distinct observations regarding its award of prejudgment interest to
    Wells Fargo. First, the court concluded that it “erred when it charged Ms. Taylor
    prejudgment interest both on the unpaid $17,[250] in rent and the unpaid loan for 2004.”
    Second, the court concluded that it erred in awarding Wells Fargo prejudgment interest
    on the unpaid loan, since Wells Fargo had “slept on its rights.” The superior court then
    found that Taylor’s fraud claim constituted the main issue in the case, and thus Wells
    Fargo and Routh Crabtree, as the prevailing parties on that issue, were entitled to
    attorney’s fees under Civil Rule 82. The court also determined that Wells Fargo was a
    prevailing party under Civil Rule 68(c), finding that Taylor’s equity recovery, offset by
    Wells Fargo’s rental recovery, was substantially less than Wells Fargo’s offer of
    judgment. The court then concluded that, although it considered Taylor’s fraud claim
    to have been unreasonable, the claim was not vexatious. The court awarded Routh
    Crabtree 60% of its attorney’s fees that had accrued since Taylor had filed for
    bankruptcy, or $15,165. The court awarded Wells Fargo $29,868 in attorney’s fees.
    All of the parties then moved for reconsideration of the superior court’s
    order regarding attorney’s fees. In an August 24, 2011 order, the superior court declined
    to modify its prior award of attorney’s fees, but the court struck the paragraph stating that
    Wells Fargo had “slept on its rights.”12
    Taylor appeals the superior court’s final judgment.
    11
    The superior court noted that, because Taylor had already appealed the
    court’s decision, the court lacked jurisdiction to alter the judgment itself. Thus, the
    superior court’s discussion of prejudgment interest affected only the court’s award of
    attorney’s fees.
    12
    Due to a potential conflict of interest, Judge Suddock recused himself in
    June 2011. Superior Court Judge Gregory A. Miller ruled on the parties’ reconsideration
    requests.
    -11-                                       6782
    III.	   STANDARD OF REVIEW
    “We apply our independent judgment to the interpretation of Alaska
    statutes and will interpret statutes ‘according to reason, practicality, and common sense,
    taking into account the plain meaning and purpose of the law as well as the intent of the
    drafters.’ ”13	 We review de novo the grant of a directed verdict.14
    “We exercise our independent judgment in reviewing the superior court’s
    interpretation of Alaska Civil Rule 68.”15 “We review a trial court’s prevailing party
    determination [under Alaska Civil Rule 82] for abuse of discretion. We will reverse a
    prevailing party determination only if it is arbitrary, capricious, manifestly unreasonable,
    or improperly motivated.”16
    IV.	    DISCUSSION
    A.	   It Was Error To Award Wells Fargo Damages For Taylor’s Post-
    Foreclosure Occupancy Of The Property.
    The superior court awarded Wells Fargo the fair rental value of the property
    for Taylor’s post-foreclosure occupancy of the house. “Wells Fargo’s breach,” the court
    concluded, “did not entitle [Taylor] to live in the house without compensation to the
    13
    In re Tracy C., 
    249 P.3d 1085
    , 1089 (Alaska 2011) (internal citation
    omitted) (quoting Native Vill. of Elim v. State, 
    990 P.2d 1
    , 5 (Alaska 1999)).
    14
    Cameron v. Chang-Craft, 
    251 P.3d 1008
    , 1018 (Alaska 2011) (citing
    L.D.G., Inc. v. Brown, 
    211 P.3d 1110
    , 1117 (Alaska 2009)).
    15
    Progressive Corp. v. Peter ex rel. Peter, 
    195 P.3d 1083
    , 1087 n.7 (Alaska
    2007) (citing Cook Schuhmann & Groseclose, Inc. v. Brown & Root, Inc., 
    116 P.3d 592
    ,
    597 (Alaska 2005)).
    
    16 Taylor v
    . Moutrie-Pelham, 
    246 P.3d 927
    , 928-29 (Alaska 2011) (citing
    Fernandes v. Portwine, 
    56 P.3d 1
    , 5 (Alaska 2002); Tobeluk v. Lind, 
    589 P.2d 873
    , 878
    (Alaska 1979)); see also Progressive 
    Corp., 195 P.3d at 1092
    (“Determining who is the
    prevailing party is committed to the broad discretion of the trial court.”).
    -12-	                                      6782
    bank. Nor was [Taylor] entitled to occupy the house during the early months of litigation
    before surreptitiously abandoning it.” The court noted that “[t]here was no testimony
    about the fair-rental value of the house,” but based on Taylor’s description of the
    property the court found it “reasonable to ascribe a fair rental value of $1,500 per month,
    somewhat less than . . . Taylor’s monthly mortgage payment.” Based on Taylor’s having
    retained occupancy of the property for 11.5 months after the foreclosure sale, the court
    awarded Wells Fargo $17,250 from the funds held in the court registry.
    Taylor argues that it was error for the superior court to award Wells Fargo
    the fair rental value for Taylor’s post-foreclosure occupancy of the property because
    “there was no testimony about the fair-rental value [of the property].” She also contends
    that Wells Fargo’s failure to introduce any evidence regarding the fair rental value of the
    property indicated that Wells Fargo had abandoned its claim during trial. Wells Fargo
    admits that it did not request rental damages, but contends that the superior court
    nonetheless was justified in awarding such damages.17
    We agree with Taylor. Despite the superior court’s 2004 partial summary
    judgment order, which stated that the court would award rental damages against Taylor,
    rental damages should not have been assessed after Wells Fargo abandoned this claim.
    Moreover, we agree with Taylor that there was insufficient evidence regarding the rental
    value of the property. Thus, we reverse the superior court’s decision on this issue.
    17
    Wells Fargo also contends that this issue is moot. Generally, “[a] claim is
    moot where a decision on the issue is no longer relevant to resolving the litigation, or
    where it has lost its character as a ‘present, live controversy,’ that is, where a party
    bringing the action would not be entitled to any relief even if he or she prevailed.” Clark
    v. State, Dep’t of Corr., 
    156 P.3d 384
    , 387 (Alaska 2007) (quoting Municipality of
    Anchorage v. Baxley, 
    946 P.2d 894
    , 899 (Alaska App. 1997)) (citing Maynard v. State
    Farm Mut. Auto. Ins. Co., 
    902 P.2d 1328
    , 1329 n.2 (Alaska 1995)). But this issue
    remains a present, live controversy on appeal, the resolution of which is relevant to the
    total damages amount assessed against Taylor.
    -13-                                      6782
    B.	    It Was Not Error To Award Wells Fargo Funds From The Sale
    Proceeds Of The Property Even Though Wells Fargo Failed To
    Produce A Deed Of Trust Note Pursuant To Alaska Statute 09.25.010
    Because Taylor Voluntarily Admitted The Existence Of The Deed Of
    Trust Note.
    In its November 9, 2010 Findings of Fact, Conclusions of Law, and Order,
    the superior court concluded that Wells Fargo was entitled to the unpaid loan balance at
    the time of foreclosure, which was valued at $199,588. Taylor disputes this award on
    appeal.
    In particular, Taylor contends that Wells Fargo’s failure to produce a
    written deed of trust note violated Alaska’s statute of frauds, codified at AS 09.25.010.18
    18
    AS 09.25.010 provides in pertinent part:
    (a) In the following cases and under the following conditions
    an agreement, promise, or undertaking is unenforceable
    unless it or some note or memorandum of it is in writing and
    subscribed by the party charged or by an agent of that party:
    (1) an agreement that by its terms is not to be
    performed within a year from the making of it;
    ....
    (6) an agreement for leasing for a longer period than
    one year, or for the sale of real property, or of any
    interest in real property, or to charge or encumber real
    property;
    ....
    (b) No estate or interest in real property, other than a lease for
    a term not exceeding one year, nor any trust or power
    concerning the property may be created, transferred, or
    declared, otherwise than by operation of law, or by a
    conveyance or other instrument in writing subscribed by the
    party creating, transferring, or declaring it or by that party’s
    (continued...)
    -14-	                                       6782
    She asserts that the superior court’s “November 9, 2010 Findings of Fact, Conclusions
    of Law, and Order completely fail[ed] to address the fact that Wells Fargo failed to offer
    or have admitted a deed of trust note upon which its entire claim is based.”
    Wells Fargo responds that Taylor never disputed Wells Fargo’s entitlement
    to the amount owed on the deed of trust note throughout six years of litigation, including
    while the matter was in bankruptcy, until she asserted her statute of frauds defense at
    closing arguments at trial in March 2010. Wells Fargo therefore contends that she may
    not raise this issue on appeal. Moreover, Wells Fargo argues that Taylor confirmed
    under direct examination at trial that she understood the property to be subject to the
    deed of trust note. Finally, Wells Fargo argues that, in any event, this issue is irrelevant,
    as any possible claim by Taylor was rendered moot when the property was sold during
    the bankruptcy proceedings.
    Alaska Statute 09.25.020 provides that “[a] contract, promise, or agreement
    that is subject to [the statute of frauds], that does not satisfy the requirements [of the
    statute], but that is otherwise valid is enforceable if . . . (4) the party against whom
    enforcement is sought admits, voluntarily or involuntarily, in pleadings or at any other
    stage of this or any other action or proceeding the making of an agreement . . . .”
    Taylor’s February 17, 2004 complaint contained the following allegations,
    which recognized the making of an agreement with Wells Fargo:
    7. In connection with the purchase of the above property,
    Susan Taylor executed a deed of trust and [d]eed of trust note
    as the Trustor, naming Land Title Company of Alaska as the
    Trustee and Residential Mortgage as the Beneficiary.
    18
    (...continued)
    agent under written authority and executed with the
    formalities that are required by law. . . .
    -15-                                       6782
    8. Upon information and belief, the beneficial interest in the
    above deed of trust was transferred by assignment to Wells
    Fargo Home Mortgage on or about October 22, 2002.
    ....
    12.    Upon learning of [Wells Fargo’s] nonjudicial
    foreclosure, the Plaintiff listed the above property for sale
    through a real estate agent named Charles Stone on or about
    November 20, 2003. . . .
    13. Charles Stone knew at the time of the listing that the
    seller was in default on her deed of trust note with Wells
    Fargo and that the property was in a nonjudicial foreclosure.
    ....
    16. Mr. Stone secured an offer on Ms. Taylor’s property on
    December 10, 2003 for an amount in excess of the amount
    necessary to cure the default with Wells Fargo. . . .
    Further, Taylor also confirmed at trial under direct examination that she recognized that
    Wells Fargo held a deed of trust note on the property:
    Q	    Okay. When – when Wells Fargo made you the
    settlement offer in January where they – what – what
    did you understand the terms of that offer to be?
    A	    The terms of the offer is if I sign this paper by – and I
    agree to that paper, then I’ll have the house by the
    week’s – week’s end. That’s what I understood.
    Q	    Okay. So you – did you understand that they were
    going to get the house back from Mr. Rhymer?
    A	    Yeah.
    Q	    And that they were going to return the house to you.
    A	    Return the house to me.
    Q	    And was it going to be subject to the original deed of
    trust?
    A	    I’m not sure on the deed of trust, but I know – all I
    know, they was going to return the house back to me
    so we can go through with the original sale . . . . .
    Q	    All right. And then . . .
    A	     . . . of the house
    -16-	                                    6782
    Q      All right. And then did you understand that Wells
    Fargo would be paid what they were owed on the
    house . . .
    A      Yeah. Yeah.
    Q      . . . from the proceeds of the sale?
    A      Yes.
    Because Taylor voluntarily admitted, both in pleadings and during direct examination,
    the making of an agreement with Wells Fargo, we reject Taylor’s statute of frauds
    argument.
    C.	    It Was Not Error To Enter A Directed Verdict On Taylor’s
    Fraudulent Inducement Claim.
    At the close of Taylor’s case at trial, Wells Fargo and Routh Crabtree
    moved for a directed verdict on Taylor’s fraud claim. The superior court found “that no
    reasonable Court or jury could find that there was fraudulent intent or damage flowing
    from justifiable reliance on something that turned out to be a misrepresentation because
    there was no misrepresentation. There was an offer and acceptance. There was a
    settlement. The settlement holds.” On this basis the superior court granted the motion
    for a directed verdict on the issue of fraud.
    Taylor argues that it was error for the superior court to grant Wells Fargo
    and Routh Crabtree’s motion for a directed verdict on Taylor’s fraudulent inducement
    claim because fair-minded, reasonable jurors exercising reasonable judgment could have
    found that Wells Fargo and Routh Crabtree fraudulently induced Taylor to enter into the
    settlement agreement. In particular, she contends that “when [Wells Fargo and Routh
    Crabtree] made their settlement offer, they knew that unless Susan Taylor agreed to ‘sit
    down and . . . come up with a final agreement’ . . . containing additional terms, they
    would never perform according to the terms of the offer Ms. Taylor accepted.”
    In its response, Wells Fargo argues that Taylor has failed to produce any
    specific evidence that Wells Fargo and Routh Crabtree created a scheme to induce Taylor
    -17-	                                   6782
    to enter into the settlement agreement, and it asserts that Routh Crabtree decided to
    include a confidentiality clause when it drafted the proposed release. Routh Crabtree
    also asserts that any error made by the superior court in dismissing Taylor’s fraud claim
    at the conclusion of her case was harmless, as there is “no reason to think that the trial
    court’s decision would have been any different if it were delayed until the trial was
    concluded.”
    The legal test in reviewing a directed verdict “is whether the evidence, and
    all reasonable inferences which may be drawn from the evidence, viewed in the light
    most favorable to the non-moving party, permits room for diversity of opinion among
    reasonable jurors.”19 We have stated that “such motions should be scrutinized under a
    principle of minimum intrusion into the right to jury trial guaranteed under the Alaska
    Constitution . . . . If there is any doubt, questions of fact should be submitted to the
    jury.”20
    We have held that “[t]he elements of fraudulent misrepresentation are (1)
    misrepresentation of fact or intention, (2) made fraudulently, (3) for the purpose or with
    the expectation of inducing another to act in reliance; and (4) justifiable reliance by the
    recipient, (5) causing loss.”21 We have also noted that “[a] representation is fraudulent
    19
    Cameron v. Chang-Craft, 
    251 P.3d 1008
    , 1017 (Alaska 2011) (quoting City
    of Delta Junction v. Mack Trucks, Inc., 
    670 P.2d 1128
    , 1130 (Alaska 1983)) (internal
    quotation marks omitted).
    20
    
    Id. at 1018 (quoting
    City of Delta 
    Junction, 670 P.2d at 1130
    ) (internal
    quotation marks omitted).
    21
    Asher v. Alkan Shelter, LLC, 
    212 P.3d 772
    , 782 (Alaska 2009) (footnote
    omitted) (citing Lightle v. State, Real Estate Comm’n, 
    146 P.3d 980
    , 983 (Alaska 2006)),
    abrogated on other grounds by Shaffer v. Bellows, 
    260 P.3d 1064
    (Alaska 2011); see
    also RESTATEMENT (SECOND ) OF TORTS § 525 (1977).
    -18-                                      6782
    if the maker knows it is untrue. A statement can be literally true and still be a fraudulent
    misrepresentation if the maker knows the statement is materially misleading.”22
    In support of her fraud claim, Taylor relied on Wells Fargo’s admission
    during discovery that “there was never a time when the confidentiality clause was not
    considered a part of any agreement with [Taylor] . . . .” During trial, Erin Hirzel Roesch,
    a Wells Fargo employee testified that, prior to the time of the disputed settlement
    agreement, Wells Fargo had a policy in place that all settlement agreements would
    contain confidentiality provisions. Moreover, Roesch testified that this was not the first
    matter in which Routh Crabtree had represented Wells Fargo. Taylor relied on this
    evidence to assert that Wells Fargo and Routh Crabtree fraudulently induced Taylor to
    enter into a settlement agreement with which they knew they would not comply. But
    Roesch also testified that Wells Fargo would have communicated its policy regarding
    confidentiality to Routh Crabtree only “in a general sense as a requirement,” and that
    Wells Fargo would not have reviewed Routh Crabtree’s January 28, 2004 letter to Taylor
    before it was sent. This testimony was not controverted by Taylor.
    We conclude that the superior court did not err in granting the directed
    verdict on Taylor’s fraud claim.       Although Wells Fargo had a policy regarding
    confidentiality provisions in place at the time of the disputed settlement agreement,
    Taylor has failed to produce specific evidence regarding the particular events in question,
    and she did not controvert Roesch’s testimony that Wells Fargo would not have reviewed
    the settlement offer before it was sent. Based on the evidence presented, reasonable
    jurors could not disagree that Wells Fargo and Routh Crabtree did not make a fraudulent
    misrepresentation of fact or intention to Taylor. We therefore affirm the superior court’s
    grant of a directed verdict.
    22
    
    Id. at 782 (citing
    Lightle, 146 P.3d at 986
    ).
    -19-                                       6782
    D.	    Taylor Waived Any Argument Regarding The Superior Court’s
    Award Of Prejudgment Interest To Wells Fargo.
    In its February 2011 Amended Final Judgment, the superior court awarded
    $199,588 to Wells Fargo on the deed of trust note and included prejudgment interest
    dating from January 15, 2004. Taylor did not object to this award. But after Wells Fargo
    sought attorney’s fees under Alaska Civil Rules 68 and 82, based partially on the
    prejudgment interest award, the superior court sua sponte reconsidered for the purposes
    of awarding attorney’s fees whether it erred in awarding prejudgment interest on the
    unpaid loan balance. First, the superior court concluded that “the court erred when it
    charged . . . Taylor prejudgment interest both on the unpaid $17,[250] in rent and the
    unpaid loan for 2004.” Second, the court concluded that it “improvidently awarded
    Wells Fargo seven years of prejudgment interest on its loan.” Despite these conclusions,
    the court held that it had no power to revise its judgment because the filing of this appeal
    deprived the court of jurisdiction in the matter.
    Taylor argues that it was error for the superior court to award “Wells Fargo
    both prejudgment interest and rent,” asserting that such error “amounted to a double
    recovery for Wells Fargo.” Taylor requests that we recognize and correct the superior
    court’s errors. Wells Fargo responds that it was entitled to prejudgment interest on the
    amount owed under the deed of trust note from January 15, 2004, through the date of
    final judgment, because of its inability to use the funds throughout that time period.
    Generally, “a party may not raise an issue for the first time on appeal.”23
    Alaska Civil Rule 78(a) provides that “counsel for the successful party to an action or
    proceeding shall prepare in writing and file and serve on each of the other parties
    23
    Mullins v. Oates, 
    179 P.3d 930
    , 941 n.31 (Alaska 2008) (quoting Brandon
    v. Corr. Corp. of Am., 
    28 P.3d 269
    , 280 (Alaska 2001)) (internal quotation marks
    omitted).
    -20-	                                      6782
    proposed findings of fact, conclusions of law, judgments and orders.” Civil Rule 78(b)
    provides that “[w]ithin 5 days after service of any of the documents mentioned in
    paragraph (a), a party may file and serve a written detailed statement of objections to any
    such document and the reasons therefor.”
    Although Taylor could have objected to the superior court’s entry of
    prejudgment interest, she failed to dispute the award of interest until the superior court
    sua sponte raised the issue in its order regarding attorney’s fees. Moreover, Taylor’s
    motion for reconsideration of the superior court’s Amended Final Judgment recognized
    the court’s award of prejudgment interest and alleged that the only error that the superior
    court committed in regards to interest was that it applied the wrong interest rate. There
    is no indication in the record that Taylor opposed the award of prejudgment interest until
    the superior court sua sponte raised the issue in May 2011. Because Taylor failed to
    object to Wells Fargo’s proposed entry of prejudgment interest, we conclude she waived
    her right to object to the calculation of prejudgment interest on appeal.24 But we also
    note that, due to our reversal of the superior court’s award of rental damages, any award
    24
    Cf. Rowley v. Amrhein, 
    883 N.Y.S.2d 214
    , 215 (N.Y. App. Div. 2009)
    (“Defendant’s challenge to the judgment . . . is not preserved for appellate review since
    there is no record that defendant raised any objection to plaintiff’s proposed judgment
    . . . .”). We further note that, even had Taylor properly objected to the award of
    prejudgment interest before the superior court, Taylor’s brief on appeal insufficiently
    argues this issue. We have held that “where a point is given only a cursory statement in
    the argument portion of a brief, the point will not be considered on appeal.” Adamson
    v. Univ. of Alaska, 
    819 P.2d 886
    , 889 n.3 (Alaska 1991) (citing State v. O’Neill
    Investigations, Inc., 
    609 P.2d 520
    , 528 (Alaska 1980); Fairview Dev., Inc. v. City of
    Fairbanks, 
    475 P.2d 35
    , 36 (Alaska 1970), cert. denied, 
    402 U.S. 901
    (1971)). Taylor’s
    brief merely references the fact that the superior court sua sponte questioned its entry of
    prejudgment interest and then suggests that we correct this issue in the course of the
    present appeal. Her suggestion is not accompanied by argument or citation to any legal
    authority, and accordingly would be considered to have been waived.
    -21-                                      6782
    of prejudgment interest to Wells Fargo in relation to the award of rental damages must
    be vacated.
    E.	    The Superior Court Did Not Properly Determine Whether Wells
    Fargo Was The Prevailing Party Under Alaska Civil Rule 68.
    In its May 18, 2011 order, the superior court concluded that Wells Fargo
    was the prevailing party for two independent reasons: (1) “Taylor’s home equity
    recovery, offset by Wells Fargo’s back-rental recovery, was substantially less than Wells
    Fargo[’s] offer of judgment”; and (2) Wells Fargo prevailed on the fraud issue, which
    was the main issue in the case.
    Taylor argues that the superior court abused its discretion when it
    determined that Wells Fargo was the prevailing party for purposes of Civil Rule 82
    attorney’s fees. Taylor contends that “[t]he main issue in the . . . case was whether Wells
    Fargo, though its agent Routh Crabtree, breached the settlement agreement with . . .
    Taylor in early 2004 by refusing to perform according thereto.” Wells Fargo responds
    that it is the prevailing party as to Taylor and that Taylor’s argument regarding prevailing
    party status “has been consistently rejected based upon the facts of the case.”
    As an initial matter, we note that the superior court did not properly
    determine whether Wells Fargo was the prevailing party under Civil Rule 68. Wells
    Fargo’s December 12, 2008 Rule 68 Offer of Judgment was made “in full and final
    resolution of all claims and counterclaims brought, or which could have been brought,
    by each and every party . . . inclusive of all principal, interest, applicable penalties, costs,
    attorney’s fees, and/or relief to which any party may be entitled.” Regarding Rule 68
    offers of judgment made “inclusive of all principal, interest, applicable penalties, costs,
    -22-	                                        6782
    attorney’s fees, and/or relief to which any party may be entitled,” our ruling in
    Farnsworth v. Steiner25 is instructive:
    Since the ultimate . . . award reflects compensation for an
    injury as of the day of its occurrence, interest to the date the
    offer is made must be added to the jury award before a valid
    comparison of the two figures can be made. If . . . the offer
    of judgment specifically includes costs rather than simply an
    offer to pay reasonable costs in addition to the fixed amount
    contained in the offer of judgment then costs accrued up to
    the date of the offer must also be added to the amount
    awarded . . . if the two figures are to be compared
    meaningfully. . . . [C]alculation of this figure is
    straightforward:
    The proper mathematical formula for the
    computation of a judgment under Rule 68
    would appear as follows:
    J = (V + PI) + (AF + C),
    for which
    J = Judgment for computation under Rule 68 to
    determine whether the Offer of Judgment had
    been exceeded;
    V = Jury verdict;
    PI = Prejudgment interest accrued prior to the
    Offer of Judgment;
    AF = Attorney’s fees incurred by the offeree
    prior to the Offer of Judgment.
    C = Costs incurred by the offeree prior to the
    Offer of Judgment.[26]
    We therefore remand to the superior court for proper calculation under our
    holding in Farnsworth.
    25
    
    601 P.2d 266
    (Alaska 1979).
    26
    
    Id. at 269 n.4.
    -23­                                   6782
    F.	    The Superior Court Did Not Abuse Its Discretion In Determining That
    Routh Crabtree Was The Prevailing Party For Purposes Of Awarding
    Attorney’s Fees.
    In its May 18, 2011 order, the superior court concluded that Routh Crabtree
    was the prevailing party as to Taylor. The court also found that Taylor’s fraud claim as
    against Routh Crabtree was “unreasonable” and therefore awarded enhanced attorney’s
    fees under Alaska Civil Rule 82(b)(3). The court then awarded Routh Crabtree 60% of
    its attorney’s fees.
    Taylor argues that she should be considered the prevailing party as to Routh
    Crabtree. Taylor’s argument is based on her assertion that Routh Crabtree, as Wells
    Fargo’s agent, acted negligently and therefore should be liable for its conduct on behalf
    of Wells Fargo, its principal. Taylor concludes that “since Wells Fargo is liable to Susan
    Taylor [with respect to the breached settlement agreement], its agent Routh Crabtree is
    as well.” Based on her argument that the breach of contract claim was the main issue in
    the case, Taylor concludes that she should also be awarded attorney’s fees against Routh
    Crabtree.
    Routh Crabtree responds that, contrary to Taylor’s assertion, it was not
    found to be a party to the breached settlement agreement. Citing the Restatement
    (Second) of Agency § 32827	 and Jensen v. Alaska Valvation Service, Inc.,28 Routh
    Crabtree contends that “[t]he agent of a competent, disclosed principal does not become
    a party to a transaction made [on] behalf of his principal.” Thus, Routh Crabtree
    concludes it was not liable for Wells Fargo’s breach of the settlement agreement and
    27
    Section 328 provides that “[a]n agent, by making a contract only on behalf
    of a competent disclosed or partially disclosed principal whom he has power so to bind,
    does not thereby become liable for its nonperformance.” RESTATEMENT (SECOND ) OF
    A GENCY § 328 (1958).
    28
    
    688 P.2d 161
    (Alaska 1984).
    -24-	                                     6782
    therefore Taylor could not be a prevailing party as against Routh Crabtree on this issue.
    Moreover, Routh Crabtree also contends that it is entitled to attorney’s fees under Alaska
    Civil Rule 68(c), as it participated in a joint offer of judgment that Taylor rejected, and
    Taylor subsequently recovered nothing against Routh Crabtree.               Based on these
    arguments, Routh Crabtree argues that the superior court was correct in awarding it
    attorney’s fees against Taylor.
    Routh Crabtree is correct. While the superior court concluded that Wells
    Fargo had breached the settlement contract, there is no indication in the record that the
    superior court found Routh Crabtree also liable for Wells Fargo’s non-performance, and
    the superior court’s final judgment awarded no damages against Routh Crabtree.
    Moreover, Routh Crabtree is correct that, absent an agreement between it and Taylor, or
    a finding that it acted negligently toward Taylor, Routh Crabtree was not liable for Wells
    Fargo’s non-performance.29 We can find no indication in the record that Routh Crabtree
    either agreed to be liable on the contract or committed a tort against Taylor.
    Accordingly, Routh Crabtree was not liable for Wells Fargo’s subsequent non­
    performance. Routh Crabtree was the prevailing party and entitled to attorney’s fees as
    against Taylor.
    29
    Generally, a disclosed agent is not a party to a contract unless the agent and
    third party otherwise agree. The rule cited by Routh Crabtree from the Restatement
    (Second) of Agency, 
    see supra
    n.27, is reflected in the Restatement (Third) of Agency,
    which provides that “[w]hen an agent acting with actual or apparent authority makes a
    contract on behalf of a disclosed principal, (1) the principal and the third party are parties
    to the contract; and (2) the agent is not a party to the contract unless the agent and third
    party agree otherwise.” RESTATEMENT (THIRD ) OF A GENCY § 6.01 (2006). Accordingly,
    an agent generally is not liable for the principal’s subsequent non-performance on the
    contract. Alternatively, the Restatement (Third) of Agency also provides that “[a]n agent
    is subject to liability to a third party harmed by the agent’s tortious conduct.”
    RESTATEMENT (THIRD ) OF A GENCY § 7.01 (2006).
    -25-                                        6782
    G.	    Any Right To Recover Fees For Work Performed On Behalf Of The
    Dismissed Defendants Has Been Waived.
    “Stephen Routh, PC and Richard Crabtree, a Partnership” and “Richard
    Crabtree, individually” were dismissed by way of a Rule 54(b) judgment in January
    2010. Taylor argues that any right to seek attorney’s fees for work performed on their
    behalf has been waived. We agree.
    Any attorney’s fees for work on behalf of the dismissed defendants should
    have been requested within ten days of distribution of the final judgment that dismissed
    those defendants.30 No timely request was made. Thus, any right to collect those fees
    has been waived. Upon remand, the superior court shall not award attorney’s fees for
    work on behalf of the dismissed defendants.
    H.	    It Was Error To Award Routh Crabtree Attorney’s Fees For Work
    Performed in Taylor’s Bankruptcy Case.
    The superior court’s February 2011 Amended Final Judgment specified that
    Routh Crabtree “shall recover from and have judgment from the funds in the court
    registry and against Susan Taylor.” When the court later entered its May 18, 2011 order
    on attorney’s fees, it did not modify this language. Thus, Routh Crabtree’s attorney’s
    fees were enforceable against Taylor personally.
    Taylor contends that, on account of her discharge in bankruptcy, it was
    error for the superior court to award Routh Crabtree attorney’s fees against her
    personally. Routh Crabtree responds that, because it sought attorney’s fees only for the
    period of time after Taylor filed her bankruptcy petition, any award of fees should be
    enforceable against Taylor personally.
    
    30 Alaska Civ
    . R. 82(c) (stating that motions for attorney’s fees must be filed
    within ten days of distribution of final judgment).
    -26-	                                    6782
    We have held that attorney’s fees incurred in bankruptcy proceedings must
    be sought in the bankruptcy court.31 Thus, it was error for the superior court to award
    fees incurred by Routh Crabtree in responding to Taylor’s bankruptcy petition. Upon
    remand, the superior court shall not award attorney’s fees for work in Taylor’s
    bankruptcy case.
    I.	    It Was Error To Award Routh Crabtree Attorney’s Fees Based On
    The Time It Spent Seeking Penalties Against Taylor’s Attorney.
    On February 17, 2011, Routh Crabtree moved for Rule 11 sanctions against
    Yale Metzger, Taylor’s attorney, which the superior court ultimately denied. Routh
    Crabtree’s motion for attorney’s fees, also filed on February 17, contained an itemized
    list of time spent by Routh Crabtree in defense of the claims brought by Taylor. This
    itemized list also included time spent seeking sanctions against Metzger, and there is no
    indication in the record that the superior court excluded this time in its ultimate
    calculation of attorney’s fees. Because Routh Crabtree should not receive attorney’s fees
    based on the time it spent seeking sanctions against Metzger, we direct the superior court
    on remand to remove those attorney’s fees awarded based on the time Routh Crabtree
    spent seeking penalties against Metzger.
    31
    Rockstad v. Erikson, 
    113 P.3d 1215
    , 1225 (Alaska 2005) (“[I]t was the sole
    province of the bankruptcy court, and not the superior court or this court, to award
    attorney’s fees to Erikson for his efforts in responding to Rockstad’s bankruptcy
    petition.”).
    -27-	                                    6782
    V.     CONCLUSION
    Because Wells Fargo abandoned its claim for rental damages at trial, we
    REVERSE the superior court’s award to Wells Fargo of rental damages for Taylor’s
    post-foreclosure occupancy of the property. Accordingly, any award of prejudgment
    interest to Wells Fargo in relation to the superior court’s award of rental damages is
    vacated. Because the superior court did not apply Farnsworth to calculate whether Wells
    Fargo was a prevailing party under Rule 68, we REMAND for further calculation. As
    part of the remand, the superior court is directed to remove attorney’s fees awarded to
    Routh Crabtree for work performed on behalf of the dismissed defendants, attorney’s
    fees awarded to Routh Crabtree for work performed in Taylor’s bankruptcy case, and
    attorney’s fees awarded to Routh Crabtree that were based on the time Routh Crabtree
    spent seeking penalties against Yale Metzger. We AFFIRM the superior court’s decision
    in all other respects.
    -28-                                    6782