Idaho Code § 12-120

Section 12-120(3) awards attorneys' fees only to a prevailing party, and a party is not automatically prevailing merely because its offer of judgment exceeded the opposing party's recovery.

Champion Produce, Incorporated v. Ruby Robinson Co., Inc. · filed 2003-09-08(3)

We therefore hold that the district court properly denied post-offer attorneys' fees to Champion. ... Champion is not a prevailing party under Idaho Code § 12-120(3).

Section 12-120(2) does not authorize attorney fees for an action based on the late return of an item under I.C. § 28-4-302 because that action is not one to recover on the negotiable instrument itself.

Idah-Best, Inc. v. First Security Bank of Idaho, N.A. · filed 1978-10-04(2)

For the guidance of the district court on remand, however, the court now advises that an action based on I.C. § 28 — 4-302 for late return of an item is not an, action “on a negotiable instrument” within the meaning of I.C. § 12-120(2). ... Accordingly, I.C. § 12-120 cannot form the basis of an award of attorney fees to the prevailing party in this case.

Section 12-120 requires a party seeking attorney fees to ultimately prevail before an award can be made.

Paloukos v. Intermountain Chevrolet Co. · filed 1978-12-29(2)

Paloukos has requested attorney fees for this appeal citing I.C. § 12-120. A prerequisite to an award of attorney fees under that section is that the party prevail. Although Paloukos was successful, in part at least, on this appeal, it nonetheless remains to be determined whether he will ultimately prevail on his cause of action for breach of contract. Should Paloukos ultimately prevail and satisfy the other requirements of I.C. § 12-120 for an award of attorney fees, the district court, in fixing the award, should of course consider the fees incurred in bringing this appeal.

Section 12-120(2) requires a reasonable attorney-fee award to the prevailing party in a civil action to recover on a note, even when the note is unrelated to the purchase or sale of goods.

Camp v. Jiminez · filed 1984-12-26(2)

An obligation on a promissory note, like an obligation on an open account, is one of the enumerated causes of action under I.C. § 12-120(2) which need not relate to the purchase or sale of goods in order to invoke an attorney fee award. Accordingly, we uphold the award in this case, albeit upon a theory different from that employed by the district court.

Section 12-120 applies to civil actions and does not apply to criminal actions.

Application of Robison · filed 1985-02-05

As to Robison’s claim for attorney fees based on I.C. sections 12-120 and 12-121, and I.R.C.P. Rule 54(e)(1), I.C. § 12-120 and § 12-121 apply to civil actions. Robison’s case was a criminal action, to which those statutes do not apply.

Section 12-120(2) authorizes attorney fees to the prevailing party in a suit on a negotiable instrument, and fees incurred on appeal may be considered once the prevailing party is ultimately determined.

Kulczyk v. Kehle · filed 1985-05-22(2)

Both parties seek an award of attorney fees pursuant to I.C. § 12-120(2). That section provides for an award of attorney fees to the prevailing party in a suit brought on a negotiable instrument. Because neither party has yet prevailed, we decline to make a fee award. When the prevailing party is ultimately determined, and assuming the other requirements of I.C. § 12-120 are satisfied, the district court should consider the fees incurred in bringing the appeal when making an award. See Paloukos v. Intermountain Chev. Co., 99 Idaho 740, 588 P.2d 939 (1978).

Section 12-120(2) requires a reasonable attorney-fee award to the prevailing party in a civil action to recover on a note, including on appeal.

Farber v. Howell · filed 1986-06-25(2)

Idaho Code § 12-120(2) provides that the prevailing party in a civil action to recover on a note shall be allowed a reasonable attorney fee to be set by the court. This statute has been held to apply to appeals as well as to trial court litigation.

Section 12-120(2) requires a reasonable attorney fee for the prevailing party in an action to recover on a note.

McCray v. Twitchell · filed 1987-04-10(2)

Idaho Code § 12-120(2) provides that in an action to recover on a note the prevailing party shall be allowed a reasonable attorney fee.

Section 12-120 authorizes an award of attorney fees in an action to recover on accounts stated, including on appeal.

M.T. Deaton & Co. v. Leibroce · filed 1988-03-11

The trial court awarded attorney fees to Deaton on both accounts pursuant to I.C. §§ 12-120 and 12-121. Because this was an action to recover on accounts stated, we hold that attorney fees were award-able under I.C. § 12-120. The same applies as to attorney fees on this appeal. We award attorney fees, together with costs, to Deaton.

Section 12-120(2) requires a reasonable attorney-fee award to the prevailing party in an action on an open account, including an account for cattle-feeding services.

Torix v. Allred · filed 1980-02-20(2)

The respondent’s counterclaim was an action on an open account for sums Torix owed Burley Butte for feeding and caring for his cattle. As prevailing parties on that counterclaim the respondent was entitled to attorney fees as a matter of statutory right under I.C. § 12-120(2) and not merely in the court’s discretion.

Section 12-120(2) authorizes a reasonable attorney-fee award to the prevailing party in an action on an open account, without requiring the account to concern only the purchase or sale of goods, wares, or merchandise.

Boise Truck & Equipment, Inc. v. Hafer Logging, Inc. · filed 1984-12-18(2)

We believe the construction Boise Truck places on the statute is erroneous. We take a “plain meaning” view of the statute. The words “relating to the purchase or sale of goods, wares, or merchandise” plainly modify only the words “or contract” which immediately precede that phrase and which are separated from the remainder of the sentence by a comma not otherwise required by modern English usage. Consequently, the phrase does not modify the other types of action identified by the statute — actions on open account, account stated, note, bill or negotiable instrument.

Section 12-120(2) entitles the prevailing party in an action for collection of an open account to an award of attorney fees by the trial court.

Western Seeds, Inc. v. Bartu · filed 1985-08-05(2)

Further, because this suit is for collection of an open account, the prevailing party is entitled to an award by the trial court of attorney fees under I.C. § 12-120(2).

Section 12-120(3) authorizes attorney fees for a prevailing party in an action based on an open account, but fees are not awarded when the record does not establish that the claim was based on an open account.

Jahnke v. Moore · filed 1987-05-06(3)

The Jahnkes have requested attorney fees on appeal, asserting that they are a prevailing party bringing a claim based on an open account. See I.C. § 12-120(3). On the present state of the record, this Court cannot determine whether the claim was, in faet, based on an open account. We therefore decline to award fees under that statute.

Former § 12-120(2) authorizes attorney fees to a prevailing party in an action to recover on an open account, but not in a contract action for benefits that is not based on an open account.

Howard v. Blue Cross of Idaho Health Service, Inc. · filed 1988-06-13(2)

Section 12-120 allows a prevailing party to recover attorney fees in an action brought for recovery on an open account. We have defined “open account” as “an account with a balance which has been ascertained ... [and which] is kept open in anticipation of future transactions.” Kugler v. Northwest Aviation, Inc., 108 Idaho 884, 702 P.2d 922 (Ct.App.1985). The Ho-wards would have us hold that the open account relative to this case consists of the billings submitted to Blue Cross by the various health care facilities for services rendered to Stephen. We decline to so hold. No “open account” was maintained by the Howards. Nor was any open account maintained by Blue Cross for the Howards. This was simply an action brought on a contract to recover certain contract benefits. We hold that former I.C. § 12-120 does not provide a basis for awarding fees to the Howards.

Section 12-120(2) authorizes attorney fees to a prevailing party but does not apply when there is no prevailing party.

International Engineering Co. v. Daum Industries, Inc. · filed 1981-06-15(2)

I.R.C.P. 54(d)(1)(A), which authorizes costs to the prevailing party, and I.C. § 12-120(2), which authorizes attorney fees to a prevailing party, are not applicable where, as here, there is no prevailing party.

Section 12-120(2) permits an attorney-fee award only to a party who prevails.

Wing v. Hulet · filed 1984-05-31(2)

Finally, the lessee asserts that he should have been awarded attorney fees at trial pursuant to I.C. § 12-120(2). However, the district court specifically determined that neither party had prevailed. In order to recover attorney fees under § 12-120(2), a party must prevail. Due to the various number of claims asserted, and the various dispositions of those issues, it was within the district court’s sound discretion to find that no party had prevailed.

Section 12-120(2) entitles the prevailing party to a reasonable attorney fee in an action on a promissory note.

Evans v. Sawtooth Partners · filed 1986-07-31(2)

We direct the judge on remand to determine, in the sound exercise of its discretion under Chadderdon, whether the partnership prevailed in the district court. If so, the partnership will be entitled to a reasonable attorney fee under I.C. § 12-120(2).

Section 12-120(2) requires an award of reasonable attorney fees to the prevailing party in a civil action to recover on a note, including a defendant who successfully defends the action.

Spidell v. Jenkins · filed 1986-10-31(2)

Section 12-120(2) mandates an award of attorney fees to the prevailing party in a civil action “to recover on an open account, account stated, note, bill [or] negotiable instrument____” ... We hold that the instrument in this case is a “note.” ... As stated above, I.C. § 12-120(2) mandates an award of reasonable attorney fees, set by the court, to the prevailing party in a civil action brought to recover on a note. Because Jenkins successfully defended against the action for recovery on the note, he is entitled to reasonable attorney fees.

Section 12-120(2) does not authorize attorney fees when a multiple-claim action has no prevailing party.

Jones v. Whiteley · filed 1987-04-01(2)

I.C. § 12-120(2), which authorizes attorney fees to a prevailing party, are not applicable where, as here, there is no prevailing party. ... We acknowledge that some incentive to split claims may exist where one carries a mandatory fee award under I.C. § 12-120 and the other carries a discretionary award under I.C. § 12-121. ... We affirm the trial court’s finding of no “prevailing party” under the rule in this case.

When a party only partially prevails in an action covered by § 12-120, whether to award attorney fees and the amount of the award are left to the trial court’s discretion.

Davidson v. Beco Corp. · filed 1987-04-30(2) (now codified as (3))

Finally, we turn to the question of attorney fees. The district judge made an award to Davidson under I.C. § 12-120(2), now codified as I.C. § 12-120(3). Beck and Beco have not challenged the applicability of the statute. ... However, our reversal of the judgment with respect to personal liability reopens the underlying question whether Davidson is a prevailing party. He has prevailed against the corporations but not against the Becks. He is a partially prevailing party. In such situations, the decision to award costs and attorney fees — like the determination of an amount — rests in the judge’s sound discretion. ... If the judge again decides to award fees, he is at liberty to adjust the amount.

Section 12-120 authorizes a dominantly prevailing party on appeal to recover costs and attorney fees.

Meldco, Inc. v. Hollytex Carpet Mills, Inc. · filed 1990-07-17

Although our decision gives Hollytex some relief on prejudgment interest, we nevertheless conclude that Meldco and Mason are the dominantly prevailing parties on appeal. ... Accordingly, those parties are entitled to further awards of costs and attorney fees under I.C. § 12-120, and I.C. § 6-1307(2), respectively.

Section 12-120(3) leaves identification of the prevailing party for attorney-fee purposes to the trial court's discretion, guided by the result and each party's success on the claims and issues.

Weaver v. Millard · filed 1991-09-27(3)

The identification of a prevailing party for the purpose of awarding attorney fees under I.C. § 12-120 rests in the discretion of the trial court. ... The district court then proceeded to discuss and apply each of the proper factors to identify the prevailing party: the result of the action in relation to the relief sought by the respective parties; whether there were multiple claims, multiple issues, counterclaims, third-party claims, cross-claims, etc.; and the extent to which each party prevailed upon each of those issues or claims. ... The district court reached these conclusions through an exercise of reason, and the court did not abuse its discretion in concluding that neither Weaver nor the partnership prevailed against the other.

Section 12-120(3) entitles the prevailing party in an action on an open account to reasonable attorney fees as a matter of statutory right, rather than merely in the court’s discretion.

Inland Title Co. v. Comstock · filed 1989-09-07(3)

The respondent’s counterclaim was an action on an open account for sums Torix owed Burley Butte for feeding and caring for his cattle. As prevailing parties on that counterclaim the respondent was entitled to attorney fees as a matter of statutory right under I.C. § 12-120(2) [now § 12-120(3) ] and not merely in the court’s discretion. ... Accordingly, on remand the trial court will fix attorney fees both for the trial and appeal.

Section 12-120(3) provides reasonable attorney fees to the prevailing party in a qualifying civil action.

Irwin Rogers Insurance Agency, Inc. v. Murphy · filed 1992-05-28(3)

We find no error in the district court’s determination that the insurance agency was the sole prevailing party. Accordingly we find no basis for awarding the insurance agency less than the full amount of its costs and its reasonable attorney fees. ... As the prevailing party in this appeal, the insurance agency is entitled to recover its costs and reasonable attorney fees as provided by the express terms of the note, and also as provided in I.C. § 12-120(3).

Section 12-120(3) entitles the prevailing party to reasonable attorney fees in a civil action to recover on a negotiable instrument.

Basterrechea Distributing, Inc. v. Idaho State Bank · filed 1992-06-17(3)

We also conclude that ISB is the prevailing party on appeal and is entitled to attorney fees under I.C. § 12-120(3).

Section 12-120(3) entitles a party prevailing on a contract-related civil cross-appeal to an award of costs and attorney fees.

Toews v. Funk · filed 1994-06-07(3)

However, they did prevail on the Toews’ cross-appeal and they are entitled under I.C. § 12-120(3) to an award of their costs and attorney fees for the defense of the cross-appeal.

Section 12-120(3) mandates a reasonable attorney-fee award to the prevailing party in a civil action on a contract for services, and its coverage is not narrowed by the separate reference to commercial transactions.

Eriksen v. Blue Cross of Idaho Health Services, Inc. · filed 1989-08-03(3)

By parity of construction, we believe that “services” and the other enumerated elements of I.C. § 12-120(3) are not limited by the words “commercial transaction.” ... We deem it clear that the Legislature put the term “commercial transaction” in this statute, not to narrow its scope, but to extend its coverage to litigation arising from commercial disputes as well as from certain non-commercial disputes. ... Because all service contracts are encompassed by I.C. § 12-120(3), the statute was correctly applied to this case.

Section 12-120(3) awards reasonable attorney fees in a qualifying civil action to the prevailing party, so when there is no overall prevailing party, each side bears its own fees.

Stb Systems, Inc., Plaintiff-Appellant-Cross-Appellee v. Micron Technology, Inc., Defendant-Appellee-Cross-Appellant · filed 1993-04-20(3)

Since we have reversed the district court's grant of JNOV but affirmed its grant of a new trial on damages, there is no "overall prevailing party" and each party is ordered to pay its own costs and attorneys fees. Idaho Code § 12-120(3) (1990); International Eng'g Co. v. Daum Indus., Inc., 630 P.2d 155, 158-59 (Idaho 1981).

To obtain attorney fees under § 12-120(1), a complaint must plead that the damages claim is within the statute’s limit and that attorney fees will be sought; later notice or closing argument is insufficient.

Cox v. Mueller · filed 1994-05-20(1)

To invoke the entitlement to attorney fees pursuant to I.C. § 12-120(1), the complaint should also allege that the plaintiffs claim for damages does not exceed the limit established by I.C. § 12-120(1) and that the plaintiff is entitled to an award of attorney fees pursuant to this statute. ... We therefore conclude that a plaintiff must comply with the literal mandate of I.C. § 12-120(1) to be awarded attorney fees upon prevailing.

Section 12-120(3) generally mandates an award of attorney fees to the prevailing party at trial and on appeal.

Baker v. Boren · filed 1997-03-21(3)

Idaho Code § 12-120(3) generally mandates an award of attorney fees to the prevailing party on appeal as well as at trial. ... We agree with the district court that neither party prevailed at trial. We also believe that neither party prevailed on appeal. Hence, we will not award attorney fees under this statute.

Under § 12-120(1) or (3), attorney fees are available only to a prevailing party; a party that wins some claims but loses others may not qualify.

Fellowship Tabernacle, Inc. v. Baker · filed 1994-02-22(1) and (3)

In light of the final result of the trial, we cannot say that the district court erred in finding that Baker did not prevail for the purposes of either I.C. §§ 12-120(1) or 12-120(3).

Section 12-120(3) permits an award of attorney fees on appeal to the prevailing party in a foreclosure action brought on a commercial-farming financing transaction.

Eastern Idaho Agricultural Credit Ass'n v. Neibaur · filed 1997-08-27(3)

Respondents are entitled to attorney fees on appeal pursuant to I.C. § 12-120(3).

Section 12-120(3) permits attorney fees to a prevailing party in qualifying civil actions, but no fees are awarded when the appeal has no prevailing party because of mixed results.

Jeremiah v. Yanke MacHine Shop, Inc. · filed 1998-03-24(3)

The Machine Shop also seeks an award of attorney fees under Idaho Code § 12-120(3). Because of the mixed result on this appeal we find no prevailing party and therefore do not award fees under I.C. § 12-120(3).

In a contract action, § 12-120(3) generally requires an award of attorney fees to the prevailing party at trial and on appeal.

Freeman & Co. v. Bolt · filed 1998-08-11(3)

As the prevailing party on appeal, the Kulms are entitled to costs and attorney fees under Idaho Code Section 12-120(3). In an action on a contract, I.C. § 12-120(3) generally mandates an award of attorney fees to the prevailing party on appeal as well as at trial.

Section 12-120(3) requires a party to be prevailing to receive an award of attorney fees.

Great Plains Equipment, Inc. v. Northwest Pipeline Corp. · filed 1999-03-29(3)

Thus there can be no award under Utah Code § 14-2-2(3), and, under I.C. § 12-120(3), one must be a prevailing party in order to receive an award of fees.

Section 12-120(3) requires reasonable attorney fees for the prevailing party in an action arising out of a contract for services, and the mandate applies both at trial and on appeal.

Hummer v. Evans · filed 1999-06-02(3)

Section 12-120(3) of the Idaho Code requires that the court hearing any action arising out of a contract for services award reasonable attorney fees to the prevailing party. This Court has interpreted I.C. § 12-120(3) to mandate the award of attorney fees on appeal as well as at trial.

Section 12-120(3) does not support an attorney-fee award when vacating the dismissal means the claimed prevailing party is no longer the prevailing party.

Klaue v. Hern · filed 1999-09-22(3)

Klaue contends that the Herns are not entitled to the attorney fees awarded by the trial court under I.C. § 12-120(3). Since we vacate the district court’s dismissal order, the Herns are not the prevailing party and the order granting them attorney fees and costs is also vacated.

Section 12-120(1) does not support attorney fees when no amount is pleaded in a complaint seeking only an accounting, and section 12-120(3) does not apply because a Uniform Partnership Law accounting is not a commercial transaction.

D.A.R., Inc. v. Sheffer · filed 2000-03-23(1) and (3)

I.C. § 12-120(1) provides that in any action where the amount pleaded is twenty-five thousand dollars or less, there shall be taxed and allowed to the prevailing party, as part of the costs of the action, a reasonable amount to be fixed by the court as attorney fees. As argued by Dale, it is obvious that no amount was pleaded in the complaint which sought only an accounting in order that Dale might determine what amounts he as a partner was entitled to from the partnership. In Kelly v. Silverwood Estates, 127 Idaho 624, 903 P.2d 1321 (1995), this Court held that a suit for an accounting brought pursuant to the Uniform Partnership Laws was not based on a “commercial transaction,” as required for prevailing parties to be entitled to an award of fees under I.C. § 12-120(3). Accordingly, we conclude that the district court in this case erred in awarding fees under I.C. § 12-120(1) and (3) where the action was one to obtain an accounting of the partnership.

Section 12-120(3) does not entitle a party that is not the prevailing party on appeal to attorney fees.

U.S. Bank National Ass'n v. Kuenzli · filed 2000-04-25(3)

Since Dennett is the overall prevailing party on appeal, the Kuenzlis are not the prevailing party and therefore are not entitled to attorney fees under I.C. § 12-120(3).

Under § 12-120(3), attorney-fee entitlement is evaluated by identifying the overall prevailing party, even when one side wins particular motions.

Dennett v. Kuenzli · filed 2000-04-25(3)

The Kuenzlis argue that they are entitled to attorney fees in Dennett I, at trial and on appeal, pursuant to I.C. § 12-120(3). ... The trial court’s determination of the prevailing party in the context of claims for attorney fees is reviewed under an abuse of discretion standard, and will not be disturbed on appeal absent an abuse of that discretion. ... Considering the mixed result in Dennett I, in which Dennett was granted specific performance but was denied the relief sought in each of his post-appeal motions, we hold that the district court did not abuse its discretion in ruling that Dennett was the overall prevailing party.

Section 12-120(3) authorizes attorney fees on appeal to the prevailing party in a qualifying civil action.

Belk v. Martin · filed 2001-12-28(3)

The Respondents are the prevailing party and fees on appeal are therefore awarded on appeal in accordance with Idaho Code § 12-120(3) and I.A.R. 41.

Section 12-120(3) provides attorney fees to the prevailing party in a civil action to recover on a contract.

Electrical Wholesale Supply Co. v. Nielson · filed 2001-12-31(3)

Section 12-120(3) provides for an award of attorney fees to the prevailing party in a civil action to recover on a contract.

Section 12-120(3) mandates attorney fees to the prevailing party in qualifying cases; when the ultimate prevailing party remains undetermined, appellate fees are not awarded yet.

Gillingham Construction Inc. v. Newby-Wiggins Construction Inc. · filed 2002-02-22(3)

Newby-Wiggins has requested attorney fees on appeal pursuant to Idaho Code § 12-120(3), which mandates the award of attorney fees to the prevailing party in certain types of cases. Although Newby-Wiggins prevailed in part on this appeal, it remains to be determined which party will ultimately prevail in this lawsuit. Therefore, we do not award any attorney fees on this appeal. If the district court ultimately makes an award of attorney fees to the prevailing party, when fixing the amount of that award it may consider attorney fees incurred by the prevailing party in bringing or defending this appeal.

Section 12-120(3) requires a reasonable attorney’s fee for the prevailing party in a civil action to recover on a note.

Thomas v. Arkoosh Produce, Inc. · filed 2002-06-05(3)

As the prevailing party on a note, the Estate is entitled to attorney’s fees under this provision.

Section 12-120(3) authorizes an award of attorney fees on appeal to the prevailing party.

Dillon v. Montgomery · filed 2003-04-03(3)

Therefore, this Court awards Dillon attorney fees on appeal pursuant to the contract and I.C. § 12-120(3).

Section 12-120(3) requires a prevailing party before attorney fees may be awarded, and appellate fees may be considered when the prevailing party is determined on remand.

Land O'Lakes, Inc. v. Bray · filed 2003-05-02(3)

Both parties have requested an award of attorney fees on appeal pursuant to Idaho Code § 12-120(3). A prerequisite to an award of attorney fees under that section is that there be a prevailing party in the litigation. Although the Brays were successful on this appeal, it remains to be determined which party will ultimately prevail on remand to the district court. If the prevailing party on remand satisfies the other requirements of I.C. § 12-120 for an award of attorney fees, the district court, in fixing the award, should consider the fees incurred during this appeal.

Section 12-120(3) mandates a reasonable attorney fee to the prevailing party in a civil action to recover on a contract relating to the purchase or sale of goods.

Keller v. Inland Metals All Weather Conditioning, Inc. · filed 2003-08-29(3)

Both parties claim attorney fees on appeal pursuant to Idaho Code § 12-120(3), which mandates the award of a reasonable attorney’s fee to the prevailing party in any civil action to recover on a contract relating to the purchase or sale of goods. Because both parties have prevailed in part on appeal, we will not award attorney fees on appeal.

Section 12-120(3) requires a reasonable attorney-fee award to the prevailing party in a civil action on a contract for the sale of goods, including on appeal.

Haight v. Dales Used Cars, Inc. · filed 2003-10-24(3)

Idaho Code Section 12-120(3) provides that in any civil action to recover on a contract relating to the sale of goods the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs. In this case, Haight sought relief in the form of an order canceling the sale contract for the Jeep and a return of the purchase price. This, relief was denied, making Dale’s and the Zooks the prevailing parties. Haight has failed to show that Dale’s and the Zooks were not entitled to attorney fees. Under I.C. § 12-120(3), Dale’s and the Zooks claim entitlement to attorney fees on appeal. It is well established that this statute mandates an award of attorney fees to the prevailing party on appeal as well as in the trial court.

Section 12-120(3) does not authorize attorney’s fees when neither party is the prevailing party because the result is mixed.

Short v. Singer Asset Finance Co. · filed 2004-08-04(3)

In light of this determination, we reverse the award of attorney’s fees made pursuant to Idaho Code § 12-120(3). Because neither party has achieved the result sought, our ruling constitutes a mixed outcome. Therefore, there is no “prevailing party” and no award of attorney’s fees is appropriate.

Section 12-120(3) authorizes attorney’s fees in qualifying commercial actions only for the party that prevails, and a Rule 68 offer exceeding the opposing party’s recovery does not automatically make the offeror the prevailing party.

Champion Produce, Inc. v. Ruby Robinson Co. · filed 2003-09-08(3)

Where the substantive statute permits a “prevailing party” to recover attorneys’ fees as costs, a defendant who has not “prevailed” may not recover attorneys’ fees pursuant to Rule 68. Such costs are not “properly awardable” under the relevant statute. ... In this case, the district court expressly held that Ruby did not prevail under Idaho Code § 12-120(3) and that attorneys’ fees were therefore not “properly awardable under the relevant substantive statute or other authority.”

Section 12-120(3) permits an attorney-fee award only to a prevailing party.

Howard v. Perry · filed 2005-02-07(3)

The statutes only provide for the awarding of attorney fees to a prevailing party. Because we vacate the judgment, there is at present no prevailing party. Therefore, we will not address the issue of whether attorney fees were awardable in this case under either statute.

Section 12-120(3) authorizes attorney fees only for a prevailing party.

Blahd v. Richard B. Smith, Inc. · filed 2005-03-04(3)

The Blahds seek attorney fees under I.C. § 12-120(3). Because they are not the prevailing party, the Blahds are not entitled to fees.

Section 12-120(3) authorizes a reasonable attorney-fee award to the prevailing party in a civil action or appeal involving a contract for services.

Gillingham Construction, Inc. v. Newby-Wiggins Construction, Inc. · filed 2005-07-22(3)

Idaho Code § 12-120(3) allows for the reasonable award of attorney fees to the prevailing party of a civil appeal involving a contract for services. I.C. § 12-120(3)(2004). Gillingham is the prevailing party on appeal and was the prevailing party below. The gravaman of its claim involved breach of a contract for services, namely demolition, excavation and grading services. Pursuant to I.C. § 12-120(3) and its subcontract, Gillingham is entitled to a reasonable award of its attorney fees at trial. Costs and attorney fees on appeal are awarded to Gillingham.

Section 12-120 permits an award of attorney’s fees only to the prevailing party.

Fenn v. Noah · filed 2006-04-11

Fenn requests attorney’s fees pursuant to the terms of the contract, I.C. §§ 12-120 and 12-121, and I.C. § 48-608(4). The contract and statutory provisions cited by Fenn all allow the award of attorney’s fees only to the prevailing party. Since we affirm the court below, Fenn is not the prevailing party and, therefore, not entitled to attorney’s fees.

Section 12-120(3) entitles the prevailing party in a commercial transaction to an award of attorney fees, including on appeal.

P.O. Ventures, Inc. v. Loucks Family Irrevocable Trust · filed 2007-05-01(3)

As the prevailing party in a commercial transaction, POV is entitled to attorney fees on appeal under I.C. § 12-120(3), together with its costs.

Section 12-120(3) requires an award of attorney fees to the prevailing party in a civil action to recover in a commercial transaction.

Commercial Ventures, Inc. v. Rex M. & Lynn Lea Family Trust · filed 2008-01-07(3)

Commercial, Wilde, and the Lea Respondents seek attorney fees on appeal pursuant to Idaho Code § 12-120(3). Idaho Code § 12-120(3) compels an award of attorney fees to the prevailing party in a civil action to recover in any commercial transaction. Blimka v. My Web Wholesaler, LLC, 143 Idaho 723, 729, 152 P.3d 594, 600 (2007). Commercial is not the prevailing party and is not entitled to attorney fees on appeal. However, Lynn, Lea Electric and the Trust are prevailing parties here and are entitled to attorney fees on appeal pursuant to I.C. § 12-120(3). Since Wilde did not have a contract with Commercial, he cannot recover attorney fees pursuant to this section.

Section 12-120(3) permits reasonable attorney’s fees for the prevailing party in a civil action to recover on a contract relating to the purchase or sale of services.

Partout v. Harper · filed 2008-04-25(3)

§ 12-120(3) allows an award of reasonable attorney’s fees to the prevailing party in a civil action to recover on any contract relating to the purchase or sale of services.

Section 12-120(3) permits attorney-fee awards only to the prevailing party, including on appeal.

Harger v. Teton Springs Golf & Casting, LLC · filed 2008-05-02(3)

Attorney fees under that statute are awardable only to the prevailing party. Because the Hargers are not the prevailing parties on this appeal, they are not entitled to an award of attorney fees.

Section 12-120(3) requires a reasonable attorney-fee award to the prevailing party in covered civil actions, while leaving the determination of the prevailing party to the trial court's discretion.

Nguyen v. Bui · filed 2008-07-21(3)

In considering a request for attorney fees under section 12-120(3), the trial court must first determine whether any litigant is the “prevailing party,” a decision that is committed to the discretion of the trial court.

Section 12-120(3) requires a party to prevail before attorney fees may be awarded.

Rhino Metals, Inc. v. Craft · filed 2008-09-24(3)

Both statutes require that the party prevail in order to be awarded attorney fees.

Section 12-120(3) entitles the prevailing party to an award of attorney fees in a qualifying commercial transaction.

Ray v. Frasure · filed 2009-01-30(3)

Because Frasure is the prevailing party in this appeal, he is entitled to an award of attorney fees pursuant to this statute.

Section 12-120(3) permits an award of attorney fees only to the prevailing party.

Banner Life Insurance v. Mark Wallace Dixson Irrevocable Trust · filed 2009-04-03(3)

An award of fees under both Idaho Code section 12-120(3) and section 12-121 may only be made to the prevailing party. I.C. §§ 12-120(3) & 12-121; Idaho R. Civ. P. 54(e)(1). Because we conclude that the district court erred in granting the Trust’s motion for summary judgment, the Trust is not the prevailing party on appeal. Therefore, the Trust is not entitled to fees under sections 12-120 and 12-121.

Section 12-120(3) permits an award of attorney fees only to a party who ultimately prevails.

Gray v. Tri-Way Construction Services, Inc. · filed 2009-04-27(3)

However, both statutes require that the party prevail in order to be awarded attorney fees. Because Gray‘s quantum meruit and unjust enrichment claims must still be litigated, it remains to be determined whether Gray or Tri-Way will ultimately be the prevailing party in this litigation.

Section 12-120(3) allows the prevailing party to recover attorney fees in a commercial transaction.

Spencer v. Jameson · filed 2009-06-16(3)

First, Jameson requests attorney fees under I.C. §§ 12-120(3), 12-121, and 12-123. “[Idaho Code] § 12-120(3) ... allows recovery of attorney fees by the prevailing party in any commercial transaction.” Mackay v. Four Rivers Packing Co., 145 Idaho 408, 415, 179 P.3d 1064, 1071 (2008). Idaho Code § 12-121 allows recovery of attorney fees by the prevailing party only if the Court determines that the appeal was brought or defended frivolously, unreasonably, or without foundation. Thus, both statutes require that the party requesting attorney fees be a prevailing party. Here, Jameson is not a prevailing party and, therefore, is not entitled to attorney fees under I.C. §§ 12-120(3) or 12-121.

Section 12-120(3) allows attorney fees to the prevailing party in a commercial transaction.

Hurtado v. LAND O'LAKES, INC. · filed 2009-08-25(3)

“[Idaho Code § 12-120(3)] ... allows recovery of attorney fees by the prevailing party in any commercial transaction.”

Section 12-120(3) authorizes attorney fees on appeal to the prevailing party in a commercial transaction.

Gold v. Lockwood Engineering · filed 2009-10-19(3)

Idaho Code § 12-120(3) provides for an award of attorney fees to the prevailing party in a commercial transaction.

Section 12-120(3) permits a prevailing party to recover attorney fees in an action involving a commercial transaction or to recover on a guaranty.

Triad Leasing & Financial, Inc. v. Rocky Mountain Rogues, Inc. · filed 2009-12-30(3)

Lessor seeks an award of attorney fees on appeal pursuant to the terms of the Agreement and pursuant to Idaho Code § 12-120(3), which provides for the awarding of attorney fees in an action to recover on a guaranty and in a commercial transaction. ... Lessor has prevailed in this appeal and is entitled to an award of attorney fees under the Agreement and under section 12-120(3). ... Because Seller is the prevailing party, he is entitled to an award of attorney fees on appeal under section 12-120(3).

Section 12-120(3) permits an award of attorney fees only to the prevailing party.

Storey Construction Inc. v. Hanks · filed 2009-12-31(3)

That statute only permits the awarding of attorney fees to the prevailing party, and the Contractor was not the prevailing party on appeal.

Section 12-120(1) does not entitle a party that did not prevail on appeal to an award of attorney fees.

Lopez v. Farm Bureau Mut. Ins. Co. of Idaho · filed 2010-01-11(1)

The Lopezes seek attorney fees on appeal pursuant to Idaho Code § 12-120(1). Because they have not prevailed on this appeal, they are not entitled to an award of attorney fees.

Section 12-120(3) allows a reasonable attorney-fee award to the prevailing party in certain civil actions, and appellate fees depend on ultimately prevailing in the action.

Saint Alphonsus Diversified Care, Inc. v. MRI Associates, LLP · filed 2010-01-12(3)

That statute provides that the prevailing party in certain types of civil actions is entitled to an award of a reasonable attorney’s fee. A prerequisite to an award of attorney fees under that statute is that the party prevail in the “civil action.” ... Thus, in the instant case, we held: “Both St. Alphonsus and MRIA request an award of attorney fees on appeal pursuant to Idaho Code § 12-120(3). Because we are vacating the judgment and remanding this case, there is not yet a prevailing party.”

Section 12-120(3) authorizes a reasonable attorney-fee award to the prevailing party in covered civil actions, but when the prevailing party is not yet known, the fee determination is premature and may be made on remand if Builder prevails.

Spokane Structures, Inc. v. Equitable Investment, LLC · filed 2010-01-28(3)

That statute provides for the awarding of a reasonable attorney‟s fee to the prevailing party in various types of civil actions. Because we do not yet know who will prevail in this action, any determination of the prevailing party is premature. ... If the district court on remand determines that Builder is the prevailing party in this action, it may award Builder attorney fees for this appeal.

Section 12-120(3) authorizes a reasonable attorney-fee award to the prevailing party in a civil action to recover on a commercial transaction, but no fee award is made when each party prevails in part.

HIGH VALLEY CONCRETE, LLC v. Sargent · filed 2010-07-08(3)

Appellants contend that, as they should prevail on appeal, this Court should award them their attorney fees and costs pursuant to I.C. § 12-120(3) and I.A.R. 40. Sargent also contends he is entitled to attorney fees and costs pursuant to I.C. § 12-120(3) and I.A.R. 40. Under I.C. § 12-120(3), “In any civil action to recover on . . . any commercial transaction . . . the prevailing party shall be allowed a reasonable attorney‟s fee. . . .” Because each party prevailed, in part, we decline to award attorney fees.

Section 12-120(3) requires attorney fees for the prevailing party in a civil action involving a commercial transaction, but fees are not awardable until the case is resolved and a party has prevailed.

Climax, LLC v. Snake River Oncology · filed 2010-10-06(3)

Idaho Code § 12-120(3) mandates that the courts award attorney fees to the prevailing party in a civil action involving a “commercial transaction.” Since the Court reverses the summary judgment in favor of SRO and Dr. Shull and remands the case for more proceedings, neither party has yet prevailed. No attorney fees are appropriate under § 12-120(3) until the case is resolved.

Section 12-120(3) permits the prevailing party to recover attorney fees in a civil action arising from a commercial transaction.

Vreeken v. Lockwood Engineering, B.V. · filed 2009-10-19(3)

This appeal arises from a dispute over the parties’ respective rights upon termination of a joint venture, which falls under the definition of a “commercial transaction.” Furthermore, we find that the respondents are the prevailing party on appeal. ... Therefore, the respondents, as the prevailing parties in this matter, are entitled to an award of attorney fees on appeal under I.C. § 12-120(3).

Section 12-120(3) applies to prevailing parties in a civil action.

Bishop v. Owens · filed 2012-01-12(3)

Idaho Code section 12-120(3) and Idaho Code section 12-121 apply to prevailing parties in a civil action. Bishop is not the prevailing party in this action. Therefore, this Court denies Bishop’s attorney’s fees claims under I.C. § 12-120(3) and I.C. § 12-121.

Section 12-120(3) requires a reasonable attorney fee for the prevailing party in a civil action to recover on a commercial transaction.

Schroeder v. Partin · filed 2011-08-04(3)

The prevailing party in a civil action to recover on a commercial transaction “shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs.” I.C. § 12-120(3). Both parties acknowledge that this action flows from a commercial transaction. Schroeder is the prevailing party on appeal and therefore entitled to attorney fees pursuant to I.C. § 12-120(3). Partin did not prevail in this appeal and is therefore not entitled to an award of attorney fees.

Section 12-120(3) allows reasonable attorney fees to the prevailing party in a civil action to recover on a commercial transaction, but not when the transaction is illegal.

Pines Grazing Ass'n v. Flying Joseph Ranch, LLC · filed 2011-11-23(3)

Because we hold that the oral agreement not to bid is illegal and unenforceable, neither party is entitled to attorney fees with respect to the issues related to the oral agreement not to bid. See Trees, 138 Idaho at 12–13, 56 P.3d at 774–75 (attorney fees under I.C. § 12-120(3) are not appropriate when the commercial transaction is found to be illegal. ... Pines Grazing prevailed on the grazing lease issue both below and on appeal and is, thus, entitled to such attorney fees below pursuant to I.C. § 12-120(3).

Section 12-120(3) permits attorney fees in a qualifying civil action only for the prevailing party; legal-malpractice tort actions may qualify as commercial transactions.

Bishop v. Owens · filed 2012-01-12(3)

Idaho Code section 12-120(3) and Idaho Code section 12-121 apply to prevailing parties in a civil action. Bishop is not the prevailing party in this action. Therefore, this Court denies Bishop’s attorney’s fees claims under I.C. § 12-120(3) and I.C. § 12-121.

Section 12-120(3) allows the prevailing party to recover attorney fees in a commercial transaction.

Dorion v. Keane · filed 2012-06-27(3)

Both parties seek attorney fees pursuant to Idaho Code § 12-120(3), which allows recovery of attorney fees by the prevailing party in any commercial transaction.

Section 12-120(3) requires a reasonable attorney’s fee for the prevailing party in a civil action to recover on a commercial transaction, including claims arising from an employment contract, with fees apportioned to the claims on which each party prevailed.

Hardenbrook v. United Parcel Service, Inc. · filed 2012-07-24(3)

Pursuant to Idaho Code § 12-120(3), the prevailing party in any civil action to recover on a commercial transaction “shall be allowed a reasonable attorney’s fee to be set by the court.” Idaho Code Ann. § 12-120(3) (emphasis added). The statute applies in actions brought pursuant to an employment contract and for claims related to the employment relationship. See Jenkins v. Boise Cascade Corp., 108 P.3d 380, 391 (Idaho 2005). ... Thus, Hardenbrook is entitled to reasonable attorney’s fees because he is the prevailing party in his case against UPS, and UPS is entitled to reasonable attorney’s fees because it is the prevailing party in its case against Orloff. The district court abused its discretion by finding otherwise.

Section 12-120(3) entitles only the prevailing party to an award of attorney fees.

Poole v. Davis · filed 2012-11-14(3)

Under that statute, only the prevailing party is entitled to an award of attorney fees.

Section 12-120(3) gives the prevailing party a right to reasonable attorney fees in a civil action to recover in a commercial transaction, but a party that prevails only in part on an appeal and cross-appeal is not entitled to fees.

St. Al's v. MRI Associates · filed 2014-06-17(3)

Both sides seek an award of attorney fees on appeal pursuant to Idaho Code section 12-120(3). Idaho Code § 12-120(3) “grants the prevailing party the right to an award of a reasonable attorney’s fee in ‘any civil action to recover . . . in any commercial transaction.’ ” Apple’s Mobile Catering, LLC v. O’Dell, 149 Idaho 211, 216, 233 P.3d 142, 147 (2010). The MRI Entities prevailed on the appeal, but they did not prevail on their cross-appeal. Since they prevailed in part and Saint Alphonsus prevailed in part, they are not entitled to an award of attorney fees. KEB Enterprises, L.P. v. Smedley, 140 Idaho 746, 755, 101 P.3d 690, 699 (2004).

Section 12-120(3) provides attorney fees to the prevailing party in a civil action to recover on any commercial transaction.

April Beguesse, Inc. v. Rammell · filed 2014-06-18(3)

Both parties seek attorney’s fees on appeal pursuant to I.C. § 12-120(3), which “provides for attorney fees to the prevailing party in a civil action to recover on ‘any commercial transaction.’”

Section 12-120(3) permits attorney-fee recovery for the prevailing party in a commercial transaction, but fees cannot be awarded before the prevailing party is determined.

Dorion v. Keane · filed 2012-06-27(3)

Both parties seek attorney fees pursuant to Idaho Code § 12-120(3), which allows recovery of attorney fees by the prevailing party in any commercial transaction. The parties do not dispute that this case involves a commercial transaction. However, “it remains to be seen [who] will be the prevailing party in the action, and, therefore, entitled to attorney fees under I.C. § 12-120(3).” Mackay v. Four Rivers Packing Co., 145 Idaho 408, 415, 179 P.3d 1064, 1071 (2008). Therefore, we decline to award attorney fees.

Section 12-120(3) requires a reasonable attorney’s fee for the prevailing party in a civil action to recover on a commercial transaction, including employment-contract and related employment claims.

Hardenbrook v. United Parcel Service, Inc. · filed 2012-07-24(3)

Pursuant to Idaho Code § 12-120(3), the prevailing party in any civil action to recover on a commercial transaction “shall be allowed a reasonable attorney’s fee to be set by the court.”

Section 12-120(3) permits an award of attorney fees on appeal only to the prevailing party.

Poole v. Davis · filed 2012-11-14(3)

Under that statute, only the prevailing party is entitled to an award of attorney fees. I.C. § 12-120(3).

Section 12-120(3) permits a prevailing party to recover a reasonable attorney fee in a civil action to recover in a commercial transaction, but a party that prevails only in part is not entitled to fees on appeal.

St. Al's v. MRI Associates · filed 2014-06-17(3)

Idaho Code § 12-120(3) “grants the prevailing party the right to an award of a reasonable attorney’s fee in ‘any civil action to recover . . . in any commercial transaction.’ ” ... Since they prevailed in part and Saint Alphonsus prevailed in part, they are not entitled to an award of attorney fees.

Section 12-120(3) awards attorney fees to the prevailing party in a civil action to recover on a commercial transaction, meaning a transaction other than one for personal or household purposes.

Wandering Trails, LLC v. Big Bite Excavation, Inc. · filed 2014-06-18(3)

Idaho Code Section 12-120(3) provides for attorney fees to the prevailing party in a civil action to recover on “any commercial transaction.” Commercial transactions are all transactions except for personal or household purposes. I.C. § 12-120(3). There is no dispute that this appeal and cross-appeal involve a commercial transaction. The Defendants prevailed on both the appeal and cross-appeal. Defendants are therefore entitled to attorney fees and costs.

Section 12-120(1) mandates a reasonable attorney-fee award to the prevailing party in an action within the statutory amount limit, and the award extends to appeals when the provision’s requirements are met.

Medical Recovery Services, LLC v. Bonneville Billing & Collections, Inc. · filed 2014-08-21(1)

“For I.C. § 12-120(1) to apply, the pleading must specifically allege that the amount pleaded does not exceed $35,000.” Keybank Nat’l Ass’n v. PAL I, LLC, 155 Idaho 287, 297, 311 P.3d 299, 309 (2013) (citing Mickelsen v. Broadway Ford, Inc., 153 Idaho 149, 156, 280 P.3d 176, 183 (2012)). ... In this case, BBC was the prevailing party at the magistrate court level, making it eligible for attorney fees pursuant to Idaho Code section 12-120(1). The amount pleaded in this case was very clearly $1,083.21, the sum of the three checks mistakenly sent to BBC by WSEC. We note that the notification requirement of Idaho Code section 12-120(1) is not at issue as to BBC in this case because BBC is the defendant. Thus, because BBC was the prevailing party, and the amount pleaded was less than the statutory cap, the district court erred by vacating the magistrate court’s award of attorney fees and by ordering the magistrate court to calculate a reasonable pre-appeal attorney fee award for MRS.

Section 12-120(3) permits an award of attorney fees on appeal to the prevailing party.

EGP Investments v. Skinner · filed 2014-12-23(3)

EGP requests attorney fees on appeal pursuant to Idaho Code §§ 12-120(3), 12-121. Both statutes require that the party prevail in order to be awarded attorney fees. Because EGP is the prevailing party on appeal, we conclude that an award of attorney fees is appropriate pursuant to I.C. § 12-120(3).

Section 12-120(3) permits the prevailing party in a commercial transaction to recover attorney fees, and the court may award those fees when the party prevails.

Secured Investment Corp. v. Myers Executive Bldg. · filed 2016-06-15(3)

Idaho Code § 12-120(3) allows recovery of attorney fees by the prevailing party in any commercial transaction. The awarding of attorney fees and costs is within the discretion of the trial court and subject to review for an abuse of discretion. ... Because Secured was the prevailing party, the district court did not abuse its discretion in awarding Secured attorney fees and costs.

Section 12-120(3) authorizes attorney fees to the prevailing party in an action to recover in a commercial transaction.

Cummings v. No Title Co of Idaho · filed 2016-09-12(3)

Cummings requests attorney fees on appeal under Idaho Code section 12-120(3). We deny this request because Cummings has not prevailed in this appeal. Northern Title has prevailed in this appeal. It requests attorney fees on appeal under Idaho Code sections 12-120(3) and 12-123. ... In Cummings I, this Court awarded attorney fees to Northern Title pursuant to Idaho Code section 12-120(3) because Cummings’ lawsuit “was an action to recover in a commercial transaction.” Cummings I, 157 Idaho 348, 367, 336 P.3d 281, 300 (2014). For the same reason, we award Northern Title attorney fees in this appeal.

Subsection (5) does not apply to a deficiency proceeding because the proceeding recalculates the debt rather than attempts to collect on a judgment; under subsection (3), the prevailing party must be determined from the entire action because a deficiency proceeding is not a separate civil action.

AgStar Financial Services, ACA v. Northwest Sand & Gravel, Inc. · filed 2017-02-24(5), (3)

Idaho Code Section 12-120(5) provides: “In all instances where a party is entitled to reasonable attorney’s fees and costs under subsection (1), (2), (3) or (4) of this section, such party shall also be entitled to reasonable postjudgment attorney’s fees and costs incurred in attempting to collect on the judgment" I.C. § 12-120(5) (emphasis added). ... Because a deficiency proceeding is not an attempt to collect on the judgment, Idaho Code section 12-120(5) is not applicable. ... We conclude that the district court erred by applying an erroneous legal standard when it determined that the deficiency proceeding was a separate civil action under Idaho Code section 12-120(3) and awarded Gordon Paving attorney fees as the prevailing party solely based on the deficiency proceeding and without considering the entirety of the action.

Section 12-120(3) permits the prevailing party in a commercial-transaction case to recover attorney fees and costs, including on appeal.

Green River Ranches, LLC v. Silva Land Co. · filed 2017-05-26(3)

Idaho Code section 12-120(3) permits the prevailing party in a case involving a commercial transaction to recover attorney fees and costs. I.C. § 12-120(3). Neither party disputes that this is a commercial transaction and the prevailing party is entitled to an award of attorney fees. The issue is whether Silva was a prevailing party below. ... Because we affirm the judgment of the district court, McCall is the prevailing party and is entitled to attorney fees and costs on appeal.

Section 12-120(3) requires an award of attorney fees to the prevailing party when the gravamen of the lawsuit is a commercial transaction, which excludes transactions for personal or household purposes.

Green River Ranches, LLC v. Silva Land Co. · filed 2017-06-29(3)

Idaho Code section 12-120(3) mandates that when “the gravamen of a lawsuit” is a commercial transaction, the prevailing party is entitled to attorney’s fees. Kugler v. Nelson, 160 Idaho 408, 413, 374 P.3d 571, 579 (2016). Under the statute, a “commercial transaction” is any “transaction[] except transactions for personal or household purposes.” I.C. §12-120(3).

Section 12-120(1) permits reasonable attorney’s fees to a prevailing party; when remand leaves no present prevailing party, fees are not awarded yet.

Watkins v. Watkins · filed 2017-09-07(1)

Son requests an award of attorney’s fees on appeal pursuant to Idaho Code section 12-120(1), which allows reasonable attorney’s fees to the prevailing party. Because the case is not yet resolved, there is no prevailing party. Where there is no present prevailing party because a case has been remanded after an appeal, this Court has refused to award attorney’s fees.

Section 12-120 permits a prevailing party to recover attorney fees under subsection (1) and/or (3) without satisfying the criteria of all three subsections; subsection (2) applies subsection (1)'s award provision to qualifying counterclaims, cross-claims, or third-party claims.

Credit Bureau of E. Idaho v. Acedo · filed 2018-11-26(1), (2), (3)

Section 12-120(1) authorizes attorney fees to the prevailing party in any action where the amount pleaded is $35,000 or less. Section 12-120(2) applies the award provision from Section 12-120(1) to counterclaims, cross-claims, or third-party claims filed after the initiation of the original action. Section 12-120(3) authorizes attorney fees to the prevailing party in any civil action to recover on certain accounts and transactions. In its appellate opinion, the district court concluded Acedo “is entitled to reasonable attorney fees under I.C. § 12-120 as the prevailing third-party claimant in an appeal pertaining to a civil case in which the amount in controversy is under $35,000.00.” In its subsequent memorandum decision addressing the specific attorney fee amount requested, the district court referenced subsections (1)-(3) of I.C. § 12-120, but did not cite a particular provision in concluding Acedo was entitled to attorney fees. CBEI contends that Acedo was not entitled to attorney fees under I.C. § 12-120(2) because he was not a third-party claimant as contemplated by that subsection. We need not address this argument because Acedo was entitled to attorney fees under I.C. § 12-120(1) and/or I.C. § 12-120(3) since he prevailed on the cause of action CBEI pursued against him. Nothing in the plain language of I.C. § 12-120 required Acedo to meet the criteria of subsections (1), (2), and (3) before he was entitled to attorney fees as the prevailing party.

Section 12-120(3) permits attorney fees to the prevailing party in a civil action arising from a commercial transaction, but a party is not entitled to fees on appeal while the case remains unresolved.

La Bella Vita v. Shuler · filed 2018-12-31(3)

This Court awarded attorney fees to La Bella Vita pursuant to Idaho Code § 12-120(3), which allows for the recovery of attorney fees by the prevailing party in a civil action on any commercial transaction. ... Based on these holdings, it is improper to award attorney fees at this time. While La Bella Vita was successful in this Court’s ruling to reverse the district court’s decision to grant summary judgment in favor of Respondents, the case has not been resolved. However, if Bella Vita ultimately prevails on remand the district court may properly award attorney fees in connection with this appeal.

Subsections (1) and (3) authorize a prevailing party to recover reasonable attorney fees in the civil actions they cover, and the fee award must rest on a reasoned application of the governing fee factors.

Action Collection Service Inc. v. Black · filed 2019-05-31(1) and (3)

Idaho Code Section 12-120(1) authorizes the award of reasonable attorney fees to the prevailing party in a civil action where the amount pleaded is less than $35,000. Idaho Code Section 12-120(3) also authorizes the award of reasonable attorney fees to the prevailing party in certain delineated civil actions. To properly exercise its discretion on a request for attorney fees, a trial court must, at a minimum, consider the twelve factors outlined in I.R.C.P. 54(e)(3).

Section 12-120(1) mandates attorney fees to the prevailing party when its requirements are satisfied, but its ten-day written-demand requirement does not apply when the prevailing party is the defendant.

Medical Recovery Services v. Gepford · filed 2020-06-23(1)

The Idaho Supreme Court has held that, when the requirements of I.C. § 12-120(1) are satisfied, that provision mandates an award of attorney fees to the prevailing party on appeal. Medical Recovery Servs., LLC v. Bonneville Billing & Collections, Inc., 157 Idaho 395, 401-02, 336 P.3d 802, 808-09 (2014). In addition to being the prevailing party, one requirement for an award of attorney fees under I.C. § 12-120(1) is the complaint must have alleged the amount at issue is $35,000 or less. Another requirement is the plaintiff must have provided the defendant with a written demand for payment of the claim not less than ten days before the plaintiff commenced its action. I.C. § 12-120(1). This latter requirement, however, is inapplicable where the prevailing party is the defendant, as in this case. See Medical Recovery Servs., 157 Idaho at 402, 336 P.3d at 809 (noting notice requirement of I.C. § 12-120(1) not an issue where prevailing party is defendant).

Section 12-120(3) authorizes an award of attorney fees on appeal to the prevailing party.

Brand Makers v. Archibald · filed 2018-10-18(3)

Both parties also assert mandatory attorney fees under I.C. § 12-120 on appeal as well and that this matter falls within I.C. 12-120(3), which authorizes an award of attorney fees to the prevailing party. We conclude that Brand Makers is the prevailing party and is entitled to attorney fees on appeal.

Subsection (1) mandates a reasonable attorney-fee award to the prevailing party in an action where the amount pleaded is $35,000 or less, including on appeal when the statutory conditions are satisfied.

Blaser v. Cutler · filed 2020-06-25(1)

The applicable statute is Idaho Code § 12-120(1) which provides: “In any action where the amount pleaded is thirty-five thousand dollars ($35,000) or less, there shall be taxed and allowed to the prevailing party, as part of the costs of the action, a reasonable amount to be fixed by the court as attorney’s fees.” Where the terms of a statute governing prevailing party attorney fees in civil action have been satisfied it mandates an award of attorney fees to the prevailing party on appeal as well as at trial.

Section 12-120(3) authorizes attorney fees on appeal to the prevailing party, but when both parties prevail in part, neither party receives attorney fees.

Agstar Financial Services v. Northwest Sand & Gravel · filed 2021-03-22(3)

Idaho Appellate Rule 40 and Idaho Code section 12-120(3) authorize an award attorney fees to the prevailing party on appeal. ... Because we reverse in part, vacate in part, and affirm in part the district court’s decision below, both Compeer and Gordon Paving are prevailing parties. ... Because both parties have prevailed, we decline to award attorney fees.

Section 12-120(3) permits attorney fees only for the prevailing party.

Gem State Roofing, Incorp. v. United Components, Incorp. · filed 2021-06-07(3)

Idaho Code section 12-120(3) still requires that the party seeking attorney fees under this provision be the prevailing party.

Section 12-120(1) and (3) require the court to award reasonable attorney fees on appeal to a prevailing party.

Tullett v. Pearce · filed 2021-08-27(1) and (3)

Under I.C. § 12-120(1) and I.C. § 12-120(3), this Court shall award reasonable attorney fees to a prevailing party. The LLC is not a prevailing party and therefore, is not entitled to attorney fees. Brian, Susan, Porter, and Aurora Pearce are prevailing parties on appeal against the LLC and pursuant to I.C. § 12-120(1) and (3), shall be awarded attorney fees on appeal.

Section 12-120(3) requires attorney fees for the prevailing party in an action to recover on a commercial transaction, but does not define “prevailing party”; that determination is made under Idaho Rule of Civil Procedure 54(d)(1)(B).

Self Storage Advisors, LLC v. SE Boise Boat & RV Storage LLC · filed 2021-09-04(3)

Plaintiff also claims entitlement to attorneys’ fees under Idaho Code § 12-120(3), which mandates an award of attorney fees to the prevailing party in an action to recover on a commercial transaction. I.C. § 12-120(3); Shore v. Peterson, 146 Idaho 903 (2009). ... Neither the management agreement nor Idaho Code § 12-120(3) defines “prevailing party.” Therefore, the Court, in deciding which party prevailed under Idaho law, must turn to Idaho Rule of Civil Procedure 54(d)(1)(B), which provides that: ... The determination of the prevailing party in an action is up to the sound discretion of the trial court. Shore, 146 Idaho at 914. ... Thus, the Court finds that each party prevailed on one count contained in the Amended Complaint. Since both parties were partially successful, the Court will not award fees or costs to either side, and instead order that each of the parties must bear their respective attorney fees and costs. See Israel v. Leachman, 139 Idaho 24, 27 (2003).

Under § 12-120(3), the prevailing-party determination considers the overall result and multiple claims or issues rather than analyzing each claim alone, so an attorney-fee award may be premature while claims remain unresolved.

Allen v. Campbell · filed 2022-08-16(3)

“In order to determine who is the ‘prevailing party’ under § 12-120(3), the trial court must consider: (1) the result obtained in relation to the relief sought; (2) whether there were multiple claims or issues; and (3) the extent to which either party prevailed on each issue or claim.” ... “[T]he prevailing party question is examined and determined from an overall view, not a claim-by-claim analysis.” ... “Because the Court must determine the prevailing party from an overall view, the Court finds it is still too early to determine whether to award Plaintiffs attorney fees.”

Section 12-120(3) permits reasonable attorney fees to the prevailing party in a qualifying commercial transaction, but a party that prevails only on appeal while the case is remanded is not yet the ultimate prevailing party.

Blaskiewicz v. Spine Institute of Idaho · filed 2022-10-31(3)

Both parties agree that the dispute over the PSA is a “commercial transaction” within the meaning of section 12-120(3). However, although the Spine Institute prevailed in challenging the district court’s grant of summary judgment before this Court, neither party is the ultimate “prevailing party” at this juncture. See Christiansen, 169 Idaho at 544, 498 P.3d at 724. Therefore, we decline to award the Spine Institute attorney fees either on appeal or for the proceedings below.

Section 12-120(3) allows a reasonable attorney fee only to the prevailing party.

Eagle Rock Timber, Inc. v. Teton County · filed 2023-06-13(3)

Idaho Code section 12-120(3) only applies to a prevailing party. See I.C. § 12-120(3) (“[T]he prevailing party shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs.”). Given the result on appeal, Teton County should not have prevailed below. Accordingly, we vacate the award of attorney fees to Teton County. On remand, the district court may reconsider whether attorney fees should be assessed once the matter is fully adjudicated.

Section 12-120(3) awards reasonable attorney fees to the prevailing party, not the party’s lawyer, even when the party did not actually incur attorney fees.

Puckett v. Evans · filed 2023-10-04(3)

Further, the Idaho Supreme Court held the identical language in I.C. § 12-120(3) was clear that it entitles the “prevailing party” to the award and not the “prevailing party’s lawyer.” Inclusion, Inc. v. Idaho Dep’t of Health & Welfare, 161 Idaho 239, 241, 385 P.3d 1, 3 (2016). The Court has “held that a prevailing party may recover a reasonable attorney fee award even if that party never actually incurred any attorney fees.” Id.

Section 12-120(3) allows reasonable attorney fees to the prevailing party in a civil action to recover on a commercial transaction, but no fees were awarded here because both parties partially prevailed on appeal.

Cannon v. Teel · filed 2023-11-01(3)

Idaho Code Section 12-120(3) provides for an award of reasonable attorney fees to the prevailing party in a civil action to recover on any commercial transaction. ... Both Cannon and Teel Auto Body have partially prevailed on appeal. Accordingly, we decline to award attorney fees to either party on appeal.

Section 12-120(3) generally requires a reasonable attorney-fee award to the prevailing party in a qualifying action, including an action involving a note, but appellate fees are premature until the prevailing party is determined.

Montierth v. Dorssers · filed 2023-11-29(3)

The language of section 12-120(3) (“shall be allowed”) makes it clear that the award of attorney fees to the prevailing parties is not discretionary. ... Accordingly, we hold that because Idaho Code section 12-120(3) applies to Dorssers, they would be eligible for attorney fees on appeal.

Section 12-120(3) requires a reasonable attorney-fee award to the prevailing party in a civil action involving recovery on a commercial transaction.

Zubillaga v. Bransford · filed 2024-03-14(3)

Under Idaho law, the prevailing party in a civil action involving recovery on a commercial transaction “shall be allowed a reasonable attorney’s fee to be set by the court.” I.C. § 12-120(3). ... Accordingly, the Court will analyze Zubillaga’s motion under Idaho Code § 12-120(3). ... On the whole, Zubillaga is a prevailing party. ... As the prevailing party, Zubillaga is entitled to an award of reasonable attorney fees.

Section 12-120 allows attorney fees on appeal only for a party who qualifies as the prevailing party.

Crane v. Godfrey · filed 2024-07-12(1), (2)

Godfrey requests an award of attorney fees and costs on appeal pursuant to I.C. § 12-120(2) and § 12-207. Because Godfrey did not prevail on appeal, he is not entitled to attorney fees. ... All the authority Crane cites for attorney fees on appeal, or cross-appeal, require her to be a prevailing party. ... Where a party loses on its cross-appeal, it is not a prevailing party. ... Accordingly, Crane is not a prevailing party, so she is not entitled to attorney fees or costs on appeal or cross-appeal.

A prevailing party may seek fees under section 12-120(1) or (3), but the fee question is not ripe until the case is resolved and a prevailing party exists.

Cave Bay Community Services v. Lohman · filed 2026-02-09(1), (3)

Lohman also claims that he is entitled to attorney fees under Idaho Code section 12-120(1), which allows a prevailing party to recover attorney fees when a party has pleaded relief of less than $35,000 in its complaint. I.C. § 12-120(1). And he argues that he should receive attorney fees under section 12-120(3), which mandates that a prevailing party recover attorney fees “[i]n any civil action” that centers on a “commercial transaction.” I.C. § 12-120(3). ... While Lohman has prevailed on this appeal, we are remanding the case for further proceedings. We have held that when a “case is not yet resolved, there is no prevailing party” as to an award of attorney fees. Portfolio Recovery Assoc., LLC v. MacDonald, 162 Idaho 228, 236, 395 P.3d 1261, 1269 (2017). Because we are remanding the case at the summary judgment stage, this case is not yet resolved, and the question of attorney fees is not yet ripe.

Section 12-120(1) permits an award of reasonable attorney fees to the prevailing party, but a fee request must be supported by legal authority or argument.

Crystal Homestead Estates v. That Piece of Property · filed 2026-04-01(1)

Idaho Code sections 12-120 and 12-121 both permit the award of reasonable attorney fees to the prevailing party. I.C. §§ 12-120(1), -121. CHE is not the prevailing party on appeal; therefore, CHE is not entitled to attorney fees or costs. ... Although the Schiffmans prevailed on appeal, we decline to consider their request for attorney fees. ... The Schiffmans’ “general request is insufficient to merit an award of attorney fees” under Idaho Code sections 12-120, 12-121, or 6-202.

Section 12-120(3) mandates attorney fees for the prevailing party in a contract for services or commercial transaction, and its amended version applies when the suit is filed after the amendments even if the contract predates them.

Bott v. Idaho State Building Authority · filed 1992-08-07(3)

That statute clearly applies to the present suit because it involves a “contract for services” as well as a “commercial transaction,” and the parties fall within the statute’s definition of “party.” ... In the present case, suit was brought on July 28, 1987, subsequent to both the 1986 and 1987 amendments; therefore, application of the current version of I.C. § 12-120(3) would not be unconstitutionally retroactive. ... Accordingly, an award of attorney fees under I.C. § 12-120(3) to the prevailing party below is appropriate regardless of the fact that the Agreement was formed prior to the amendments.

Section 12-120(3) permits an award of attorney fees on appeal only to the prevailing party.

Storey Construction, Inc. v. Tom Hanks / Rita Wilson · filed 2009-09-30(3)

The Contractor seeks an award of attorney fees on appeal pursuant to Idaho Code § 12-120(3). That statute only permits the awarding of attorney fees to the prevailing party, and the Contractor was not the prevailing party on appeal.

Section 12-120(3) requires reasonable attorney fees for a prevailing party when a commercial transaction is integral to the claim and is the basis for the recovery sought.

Ivanov v. Fitness Elite Training Center, Inc. · filed 2025-03-03(3)

Under Idaho Code Section 12-120(3), the prevailing party shall be allowed reasonable attorney fees in actions on contracts or “commercial transactions.” Idaho Code § 12-120(3). “[A]ll transactions except transactions for personal or household purposes” are commercial transactions. Id. “There are ‘two stages of analysis to determine whether a prevailing party could avail itself of [Idaho Code Section] 12-120(3): (1) there must be a commercial transaction that is integral to the claim; and (2) the commercial transaction must be the basis upon which recovery is sought.’” Genho v. Riverdale Hot Springs, LLC, 560 P.3d 1041, 1054 (Idaho 2024) (quoting Breckenridge Prop. Fund 2016, LLC v. Wally Enters., Inc., 516 P.3d 73, 87 (Idaho 2022)). ... Applying the foregoing here, the Court finds Plaintiff is entitled to attorney fees on the breach of contract claim under Idaho Code Section 12-120(3). The Agreement between the parties was a commercial transaction. ... Because the Agreement is a commercial transaction integral to the breach of contract claim and constitutes the sole basis upon which attorney fees are sought, Plaintiff is entitled to attorney fees under Idaho Code Section 12-120(3).

Section 12-120(3) permits the prevailing party in a qualifying commercial action to recover attorney fees on appeal when the party makes a timely request.

Christensen v. Rice · filed 1988-10-05(3)

Because Christensen has prevailed, he is also entitled to attorney fees on appeal, based on his timely request pursuant to I.C. § 12-120(3).

Section 12-120(2) requires a reasonable attorney fee for the prevailing party in an action to recover on a contract for the purchase or sale of goods.

D.R. Curtis, Co. v. Mathews · filed 1982-11-16(2)

Finally, Curtis Company requests that it be allowed recovery of a reasonable attorney fee for defense of this appeal. The request is made pursuant to I.C. § 12-120(2), which provides that in any action to recover on a contract relating to the purchase or sale of goods, the prevailing party shall be allowed a reasonable attorney fee to be set by the court, to be taxed and collected as costs. Curtis Company is the prevailing party both at trial and on this appeal. The action involves recovery for breach of a contract for the sale of goods. The request is therefore proper and is granted, subject to I.A.R. 41.

Section 12-120(2) authorizes attorney fees for the prevailing party in a civil action to recover on an open account or a contract relating to the purchase and sale of goods, but does not cover an action against a law firm founded solely on an assignment of lawsuit proceeds.

Bonanza Motors, Inc. v. Webb · filed 1983-02-03(2)

Section 12-120(2) provides, in part, for the award of attorney fees to the prevailing party in a civil action brought to recover on an open account or contract relating to the purchase and sale of goods. The creditor’s cause of action against the client in this case may have related to a purchase and sale of goods; but the cause of action against the law firm did not. That cause of action was founded solely upon assignment of proceeds from a lawsuit. Such an action is not covered by § 12-120(2). Accordingly, we decline to award attorney fees under this section.

Section 12-120(2) authorizes attorney fees as a matter of right for recovery on a contract relating to the purchase or sale of goods, wares or merchandise, but not for water-system maintenance charges where water could not be sold.

Yellowpine Water User's Ass'n v. Imel · filed 1983-09-23(2)

Second, we note that the magistrate awarded attorney fees as a matter of right under I.C. § 12-120(2) as a recovery on a “contract relating to the purchase or sale of goods, wares or merchandise ...” By the terms of its water permit, Yellow Pine was not allowed to sell water and it charged only for maintenance of the water system. Hence, no sale of goods, wares or merchandise was involved.

Section 12-120(2) authorizes attorney fees to a prevailing party in a civil action to recover on a contract relating to the purchase or sale of goods, including a counterclaim based on such a contract.

McKinney v. Kirkness · filed 1984-11-30(2)

However, defendant Kirkness prevailed on his counterclaim, and the attorney fees were awarded for that. This counterclaim asserted a right under the contract of sale existing between Kirkness and McKinney’s agent, National Auto Finders, Inc. As such the counterclaim was a “civil action to recover on ... [a] contract relating to the purchase or sale of goods .....” Therefore, Kirkness was entitled to recover attorney fees under I.C. § 12-120(2).

Section 12-120(2) requires a reasonable attorney-fee award in a dealer's action to recover the value of parts returned under a dealership agreement because the action is on a contract relating to the sale of goods.

MH & H IMPLEMENT, INC. v. Massey-Ferguson, Inc. · filed 1985-07-05(2)

The statute provides in pertinent part that “[i]n any civil action to recover on ... [a] contract relating to the purchase or sale of goods, wares, or merchandise, unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney fee to be set by the court to be taxed and collected as costs.” (Emphasis added.) This case unquestionably involves a sale of goods. However, the question is whether the suit is one to recover on a “contract” relating to the sale of goods. The manufacturer would characterize the suit not as one to recover on a contract but to recover on a statute, I.C. § 28-23-102. But we believe the statute cannot be disembodied from the contractual relationship between the parties. The statute is predicated entirely upon the existence of a contract between the dealer and the manufacturer. The statute is triggered by termination of the contract. In our view, the statute represents a legislatively imposed supplement to the contract, intended to protect the dealer in the event of termination for any reason. Accordingly, we hold that a dealer’s suit to recover the value of parts returned, upon termination of the dealership agreement, is an action to recover on a “contract” relating to the sale of goods within the meaning of I.C. § 12-120(2). The dealer in the present case is entitled to an attorney fee award.

Section 12-120(2) permits an appellate attorney-fee award to the prevailing party in a suit on a contract for the alleged sale of goods even when no contractual liability is established.

Konic International Corp. v. Spokane Computer Services, Inc. · filed 1985-11-04(2)

Because this was a suit on a contract for the alleged sale of goods, Spokane Computer is entitled to an award of attorney fees on appeal as the prevailing party, even though no liability under a contract was established. I.C. § 12-120(2).

Section 12-120(2) requires a reasonable attorney-fee award to the prevailing party in a civil action to recover on a contract relating to the purchase or sale of goods.

United States v. City of Twin Falls · filed 1986-12-15(2)

Envirotech argues that the district court erred in awarding the City attorney fees pursuant to Idaho Code § 12-120(2) (1979) (§ 12-120(3) as amended), because that section applies only to contract actions “relating to purchase or sale of goods.” Our holding that the contract was for the sale of goods as defined by the Idaho UCC disposes of that contention. We affirm the award of attorney fees. ... Because we have concluded that the contract at issue is for the sale of goods, and as the City has substantially prevailed on these appeals, we hold that the City is entitled to its reasonable attorney fees on appeal under Idaho Code § 12-120(2).

Section 12-120(2) requires a reasonable attorney-fee award to the prevailing party in an action to recover on a contract relating to the purchase or sale of goods, including a claim-and-delivery action used to remedy the buyer’s breach of that contract.

Building Concepts, Ltd. v. Pickering · filed 1988-07-26(2)

We conclude that the district court’s award of attorney fees under I.C. § 12-120(2) was proper.

Subsection (2) requires a reasonable attorney-fee award to the prevailing party in a qualifying civil action, and subsection (1)'s $2,500 pleading limit does not apply to subsection (2).

Steiner v. Amalgamated Sugar Co. · filed 1984-01-24(1), (2)

The growers cross-appeal, arguing that the district court should have awarded attorney fees to them pursuant to I.C. § 12-120(2). The trial court declined to award such fees because it believed that the limitation of awards of attorney fees contained in I.C. § 12-120(1) also applied to subsection (2). Subsection (1) limits awards of attorney fees to eases where the amount pleaded in the complaint or counterclaim does not exceed $2,500. We hold that the limitation of subsection (1) does not apply to subsection (2) and reverse the district court’s decision in that regard. We also award attorney fees on appeal, to the growers.

Section 12-120(2) mandates a reasonable attorney fee for the prevailing party in qualifying commercial actions, but it does not mandate fees for an appeal limited to the amount of the trial-level fee award.

DeWils Interiors, Inc. v. Dines · filed 1984-02-24(2)

Idaho Code § 12-120(1) relates only to civil actions where the amount pleaded is $2,500 or less. It is not applicable here. In contrast, § 12-120(2) contains no limit upon the amount in controversy. Rather, it contains a subject matter limitation. It is restricted to a “civil action to recover on an open account, account stated, note, bill, negotiable instrument, or contract relating to the purchase or sale of goods, wares, or merchandise....” Because this case falls within one or more of the enumerated categories, § 12-120(2) is applicable here. It provides that “the prevailing party shall be allowed a reasonable attorney fee to be set by the court.” ... We conclude that § 12-120(2) should not be extended by judicial construction to mandate an attorney fee award on appeal where the sole issue is the reasonableness of an amount awarded below.

Section 12-120 makes attorney-fee awards mandatory for prevailing parties in commercial litigation, and an amendment expanding that entitlement is substantive and does not apply retroactively.

Myers v. Vermaas · filed 1988-04-06(2), (3)

However, we think a different analysis is required for I.C. § 12-120. Unlike I.C. §§ 12-121 and 61-617A, I.C. § 12-120 provides for a mandatory, not discretionary, award of attorney fees to the prevailing party in commercial litigation. The automatic nature of an award under I.C. § 12-120 makes it, in effect, an adjunct to the underlying commercial agreement between the parties. It establishes an entitlement. ... Accordingly, we think that the 1986 amendment to I.C. § 12-120, which enlarged the scope of entitlement to mandatory attorney fee awards, is more accurately classified as substantive than as merely remedial or procedural. Consequently, the 1986 amendment should not be given retroactive effect.

Section 12-120 is not an appropriate source for awarding attorney fees in wage-claim disputes.

Zattiero v. Homedale School District No. 370 · filed 2002-04-24(3)

The School District requests an award of attorney’s fees pursuant to I.C. § 12-120(3). However, this Court has previously determined that I.C. § 12-120 is not an appropriate source for awarding attorney fees in wage claim disputes.

Section 12-120 broadly authorizes attorney fees in commercial litigation, but a more specific attorney-fee provision governing dissenting-shareholder suits takes precedence.

Waters v. Double L, Inc. · filed 1988-06-03

Idaho Code § 12-120 applies to a broad field of commercial litigation. In our view, it yields to the greater particularity of I.C. § 30—1—81(i), which deals specifically with suits by dissenting shareholders. No award will be made under I.C. § 12-120.

The statute's definition of a commercial transaction covers transactions that are not personal or household and are commercial in the ordinary sense.

Clement v. Franklin Investment Group, Ltd. · filed 1988-07-20(3)

As defined by Idaho Code § 12-120(3), the term “commercial transaction” is broad enough to cover the transaction in this case because the transaction, as contemplated, was not personal or household and was commercial in the ordinary sense of the word.

Section 12-120(3) does not control attorney-fee awards in antitrust cases when the more specific § 48-114 applies.

K. Hefner, Inc. v. Caremark, Inc. · filed 1996-06-19(3)

Because we have concluded that BCI should not have prevailed below, we set aside the district court’s award of attorney fees. For guidance to that court on remand, we will also address the question of which statute is applicable in this case. Where two statutes appear to apply to the same case, the specific should control over the general. ... Because § 48-114 specifically addresses the subject of attorney fees in cases brought under the Antitrust Law, it is more specific than I.C. § 12-120(3), and is controlling in this ease. Therefore, § 48-114 should be applied by the district court on remand.

Section 12-120(3) does not authorize attorney fees when the underlying action is a wage claim under Idaho's treble-damages wage statute; the exclusive fee provisions are Idaho Code §§ 45-615 and 45-617.

Bilow v. Preco, Inc. · filed 1998-09-08(3)

Idaho Code §§ 45-615 and 45-617 are the exclusive code sections under which an employee can recover attorney fees whenever the underlying cause of action is a wage claim pursuant to I.C. § 45-617(4). Dhow’s claim for attorney fees pursuant to I.C. § 12-120(3) is denied.

Section 12-120(3) does not apply when the gravamen of an employee’s wage suit is violation of the wage statute rather than violation of an employment contract.

Shay v. Cesler · filed 1999-03-17(3)

Since the gravamen of Shay’s suit was not violation of an employment contract but violation of the statute, Section 12-120(3) does not apply.

Section 12-120(2) awards attorney fees in qualifying contract actions involving the purchase or sale of goods, but not when the action is merely related to that transaction and is not an action to recover on a contract.

Day v. CIBA Geigy Corp. · filed 1989-04-17(2)

Our Court of Appeals has held that to recover attorney fees under the statute, the action must be one to recover on the contract, not merely an action arising from a transaction relating to the purchase or sale of goods. Chenery v. Agri-Lines Corp., 106 Idaho 687, 690, 682 P.2d 640, 643 (1984); cf., Idah-Best, Inc. v. First Security Bank of Idaho, 99 Idaho 517, 584 P.2d 1242 (1978) (attorney fees under the statute not awarded when action is not one to recover on a negotiable instrument). ... At the time of dismissal, the Days retained causes of action against CIBA Geigy for negligent labeling and breach of express warranty, but no action to recover on a contract. Thus the trial court did not *1019err by denying CIBA Geigy attorney fees under I.C. § 12-120(2) (1979).

Section 12-120(2) entitles the prevailing party to reasonable attorney fees in an action involving a contract for the sale of goods or an alleged guaranty, even when no liability under the contract or guaranty is established.

Twin Falls Livestock Commission Co. v. Mid-Century Insurance · filed 1989-11-01(2)

Because this was a suit based upon an alleged contract for the sale of goods (TFLC’s claim against Triple H), and one involving an alleged guaranty (TFLC’s claim against Mid-Century), Triple H and Mid-Century are both entitled to awards of attorney fees as prevailing parties, pursuant to I.C. § 12-120,2 even though no liability under the contract or guaranty was established.

Section 12-120 permits an award of attorney fees to the successful party in an action on a promissory note.

Pocatello Railroad Employees Federal Credit Union v. Galloway · filed 1990-04-04

The credit union seeks attorney fees on appeal under both I.C. § 12-120 and § 12-121. Because this is an action on a promissory note, we deem I.C. § 12-120 to be applicable. Thus, the credit union, as the successful party in this appeal, is entitled to an award of attorney fees on appeal under I.C. § 12-120.

Subsection (3) requires an award of reasonable attorney fees to the prevailing party in a civil action to recover on a contract for the purchase or sale of goods, wares, merchandise, or services.

Shurtliff v. Northwest Pools, Inc. · filed 1991-05-02(3)

A court is required to award attorney fees to a prevailing party in a civil action to recover on a “contract relating to the purchase or sale of goods, wares, merchandise, or services____.” I.C. § 12-120(3).

Section 12-120(3) requires a reasonable attorney-fee award to the prevailing party in a civil action to recover on a contract relating to the purchase or sale of goods.

Berning v. Drumwright · filed 1992-06-01(3)

The relevant statute in deciding this issue is I.C. § 12-120(3) which states in pertinent part: ... In any civil action to recover on [a] ... contract relating to the purchase or sale of goods, ... unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney fee to be set by the court, to be taxed and collected as costs. ... The Bernings’ claim was an action to recover on a contract for the sale of goods. Because they prevailed on their claim below, and because we affirm the judgment of the magistrate, we conclude that they are the prevailing party. The Bernings are thus entitled to an award of attorney fees and costs on appeal.

Section 12-120(3) authorizes a reasonable attorney-fee award to the prevailing party when the gravamen of the action is a commercial contract claim for the purchase or sale of goods, even if the alleged contract is not proven.

Hilt v. Draper · filed 1992-08-19(3)

The present case fits the language of I.C. § 12-120(3) precisely. The “gravamen” of Hilt’s action was contractual. ... Because Draper has prevailed in an action brought to recover damages for the breach of a contract for the sale of hay, he is entitled to a reasonable award for attorney fees incurred in bringing this appeal.