Supreme Court of Iowa Decision
This opinion is presented AS IS. The opinion is subject to change; there is also the possibility of introduction of error in the posting process. This database is not yet complete. Reliance on this opinion should be tempered by sound legal advice from licensed counsel.

Case Title: MYRA S. KENT, Appellant, vs. EMPLOYMENT APPEAL BOARD, JOB SERVICE OF IOWA, and
QUALITY CHEF FOODS, INC., Appellees.
Date: 04/21/93
Bound Citation:
Summary: No. 114 / 92-668
Decision: Appeal from the Iowa District Court for Linn County,
Thomas M. Horan, Judge.

Appeal from district court's ruling denying a motion
for attorney fees and costs. AFFIRMED.

Gary J. Shea of Shea Law Offices, Cedar Rapids, for
appellant.

William C. Whitten, Des Moines, for appellee Employment
Appeal Board.
Dennis Currell of Tom Riley Law Firm, P.C.,
Cedar Rapids, for appellee Quality Chef Foods, Inc.

Considered by McGiverin, C.J., and Schultz, Carter,
Neuman, and Snell, JJ.

PER CURIAM.
The issue is whether a petitioner who prevails on a
petition for judicial review in obtaining unemployment
benefits is entitled to attorney fees and costs from the
respondents. Petitioner, Myra Kent, appeals a district
court's ruling denying her motion to require the
respondents, the Employment Appeal Board and the employer,
Quality Chef Foods, Inc., to pay attorney fees and costs.
We affirm.
Kent applied for and was denied unemployment benefits
by the Employment Appeal Board. Kent then filed a petition
for judicial review. The district court reversed the
board's decision denying Kent unemployment benefits and
remanded the case for the computation of benefits. In an
unpublished decision, we affirmed the district court.
Following the district court's decision, Kent, as the
prevailing party, filed a motion for attorney fees and
costs. The district court denied the motion. Kent has appealed.
Iowa Code section 625.29(1) (1991) provides:

1. Unless otherwise provided by law, and if
the prevailing party meets the eligibility
requirements of subsection 2, the court in a civil
action brought by the state or an action for
judicial review brought against the state pursuant
to chapter 17A other than for a rule-making
decision, shall award fees and other expenses to
the prevailing party unless the prevailing party
is the state. However, the court shall not make
an award under this section if it finds one of the
following:
. . . .

d. The action arose from a proceeding in
which the role of the state was to determine the
eligibility or entitlement of an individual to a
monetary benefit or its equivalent or to
adjudicate a dispute or issue between private
parties or to establish or fix a rate.

We agree with the district court that section
625.29(1)(d) precludes an award of attorney fees and costs
in this case. This is an action to obtain unemployment
benefits. The state's role is to determine whether or not
a claim for unemployment benefits is valid. See Iowa Code
Sections 10A.601 and 96.6. In addition, Iowa Code section 96.18
provides:
Benefits shall be deemed to be due and payable
under this chapter only to the extent provided in
this chapter and to the extent that moneys are
available therefor to the credit of the
unemployment compensation fund, and neither the
state nor the division of job service shall be
liable for any amount in excess of such sums.

Therefore, Kent is not entitled to fees and costs from the board.
Kent also sought attorney fees and costs from Quality
Chef. Attorney fees are generally not recoverable as
damages in the absence of a statute or a provision in a
written contract. McNabb v. Osmundson, 315 N.W.2d 6, 15
(Iowa 1982); Suss v. Schammel, 375 N.W.2d 252, 256 (Iowa
1985). Quality Chef is not subject to the provisions of
Iowa Code section 625.29, which constitute a statutory
exception to the general rule that a successful litigant is
not entitled to either attorney fees or court costs. While
an argument can be made that the employer is in a superior
financial position to bear the costs of the appeal, there
is no statutory authority that authorizes the award of fees
and costs. Therefore, Kent is not entitled to fees and
costs from Quality Chef.
We affirm the district court's decision denying
attorney fees and costs.
AFFIRMED.
This opinion shall be published.