Idaho Code § 12-121

Section 12-121 attorney fees attributable to separate claims must be determined and awarded separately rather than imposed as a joint and several obligation.

Jensen v. Shank · filed 1978-10-04

However, we do not view the liability for the attorney fees as being joint and several under these circumstances. The trial court should have determined separately the amount of the total attorney fees which were attributable to the defense of the main action of plaintiffs Jensen, and how much was attributable to the defense of the crossclaim of DePuy, and then awarded those claims separately.

Section 12-121 permits attorney fees to be apportioned when each party prevails on a different cause of action in the same lawsuit.

Massey-Ferguson Credit Corp. v. Peterson · filed 1981-01-22

These factors alter substantially the entitlement to attorney fees under I.C. § 12-121. Where parties have each prevailed on different causes of action tried in the same lawsuit, attorney fees may be apportioned accordingly.

Section 12-121’s discretionary attorney-fee criteria under Rule 54(e)(1) do not apply to fees awarded under a broad, unconditional contract provision.

Bank of Idaho v. Colley · filed 1982-06-22

We note, further, that the bank’s claim for attorney fees is based upon a contract, not upon the discretionary power to grant attorney fees under I.C. § 12-121. The provision for attorney fees in the guaranty agreement is broad and unconditional. The more restrictive criteria set forth in Rule 54(e)(1), for determining entitlement to an award of attorney fees under I.C. § 12-121, are not applicable here.

Section 12-121 permits attorney fees in a condemnation action only if the party shows entitlement to fees, subject to Rule 54(e)(1)'s requirement that the case was brought or pursued frivolously, unreasonably or without foundation.

State Ex Rel. Moore v. Lawson · filed 1983-06-07

However, as the district judge correctly noted, the Platts were entitled to an award of attorney fees in this case only if they could show entitlement under I.C. § 12-121. No other statute was applicable. Rule 54(e)(1) of the Idaho Rules of Civil Procedure further limits their right to recover fees. The rule prohibits an award of fees to the prevailing party, under I.C. § 12-121, unless it is shown that "the case was brought [or] pursued ... frivolously, unreasonably or without foundation... ." The district judge stated that such a finding could not be supported as to either party in this case. We have reviewed the record on appeal and we do not find any error in the judge's ruling concerning attorney fees.

Section 12-121 does not warrant attorney fees when the court finds a fee award inappropriate on the facts presented.

Nelson v. Wagner · filed 1985-06-04

In the alternative, they argue the district court should have awarded them attorney fees under I.C. § 12-121, because “Wagner’s defense in this matter was unreasonable, unecessary [sic], and frivolous.” ... We have examined the issues raised on cross-appeal and find them to be without merit. Neither an award of punitive damages nor of attorney fees was appropriate in this case.

Section 12-121 permits a district court to award reasonable attorney fees to the prevailing party in a civil action, subject to review for abuse of discretion.

Tanner v. Estate of Cobb · filed 1980-08-05

Pursuant to I.C. § 12-121, the district court may award reasonable attorney fees to the prevailing party in any civil action. The appellants have not shown that the $300 award made in this case constituted an abuse of the district court’s discretion, and the award is therefore affirmed.

Section 12-121 authorizes reasonable attorney fees for a prevailing party, and a trial court’s award is reviewed for abuse of discretion.

Nicholls v. Blaser · filed 1981-06-16

The trial court was authorized pursuant to I.C. § 12-121 to award reasonable attorney fees to the prevailing party. The record before us discloses no abuse of the magistrate’s discretion in so awarding attorney fees to Nicholls.

Section 12-121 permits a trial judge to award reasonable attorney fees to a defendant found to be the prevailing party even when the plaintiff receives nominal damages.

Odziemek v. Wesely · filed 1981-06-25

The trial court here properly determined that Wesely was the prevailing party and I.C. § 12-121 authorizes the trial judge to award reasonable attorney fees to the prevailing party.

Section 12-121 authorizes a trial judge to award reasonable attorney fees to the prevailing party, subject to review for abuse of discretion.

Quincy v. JOINT SCHOOL DIST. NO. 41, ETC. · filed 1981-12-01

Attorney fees were awarded pursuant to I.C. § 12-121 which authorizes the trial judge to award reasonable attorney fees to the prevailing party. Since this matter was initiated prior to March 1, 1979, it was not necessary for the trial court to make the findings presently required by I.R.C.P. 54(e)(1). We find no abuse of discretion.

Before Rule 54(e)(1) applied, § 12-121 gave trial courts broad discretion to award attorney fees to a party that prevailed on most issues even when both sides prevailed in part.

Haskin v. Glass · filed 1982-02-02

Prior to the advent of Rule 54(e)(1), I.C. § 12-121, standing alone, gave the trial court broad discretion to award attorney fees to prevailing parties. In the present case, both parties partially prevailed; but the owners prevailed on all issues except that of unjust enrichment for landscaping. In view of the broad statutory discretion accorded the trial court, which is not narrowed in this case as to attorney fees by Rule 54(e)(1), we uphold the court’s award under I.C. § 12-121.

Section 12-121 authorizes attorney fee awards only to prevailing parties.

Barlow's, Inc. v. Bannock Cleaning Corp. · filed 1982-08-30

Minich was based upon I.C. § 12-121, which authorizes attorney fee awards only to prevailing parties. We deem the prevailing parties in this appeal to be Barlow's, whose lien we have upheld, and Richard Welch and Janice Welch, the corporate officers who have successfully defended summary judgment dismissing the complaint against them.

Section 12-121 authorizes reasonable attorney fees for a prevailing party in a civil action, with the award reviewed for abuse of discretion.

Gilbert v. Nampa School District No. 131 · filed 1983-01-12

Under I.C. § 12-121 the district court is empowered to award reasonable attorney's fees to the prevailing party in any civil action. The appellants have not demonstrated that the award of attorney's fees to the teachers in this case constituted an abuse of the district court's discretion, and therefore the award is affirmed.

For cases filed before Rule 54(e)(1) took effect, § 12-121 allowed a discretionary attorney fee award to the prevailing party without the findings required by that rule.

Briscoe v. Nishitani · filed 1983-07-28

The trial court here was therefore free to make an award of attorney fees in its discretion, without making the findings presently required by I.R.C.P. 54(e)(1).

Before Rule 54(e) took effect, a finding that a party prevailed was sufficient to support a discretionary attorney fee award under § 12-121.

Ladd v. Coats · filed 1983-08-09

Such a finding was proper and was sufficient, in and of itself, to justify an award of fees under I.C. § 12-121, prior to the effective date of rule 54(e).

Section 12-121 generally allows attorney fees and costs only to a prevailing party, whose status is determined under Rule 54(d)(1)(B); a condemnee is not automatically entitled to an award merely because of that status.

ADA COUNTY HIGH. DIST. v. Acarrequi · filed 1983-12-21

We note that the rule in most civil cases is that fees and costs are awardable only to the prevailing party, I.C. § 12-121, as determined by the standards of I.R.C.P. 54(d)(1)(B). ... In conclusion, we hold that the trial court here erred in finding the Acarrequis, solely by virtue of their condemnee status, absolutely entitled to attorneys' fees and costs.

Section 12-121 permits attorney fees on appeal to an amicus curiae whose participation was necessary to protect its interests.

Mendenhall v. Caine · filed 1980-09-30

Both appellant and amicus curiae request attorney fees on appeal. I.A.R. 41; I.C. § 12-121. We award such fees to the amicus curiae to be paid by the appellant. ... It appears that after properly petitioning under I.R.C.P. 71 below, the Turners could not continue to effectively protect their interests absent involvement in this appeal.

When each party prevails in part, neither is entitled as a matter of right to attorney fees under § 12-121.

Tippett v. Bayman · filed 1983-12-06

Pursuant to this determination, neither party was entitled, as a matter of right, to an award of attorney fees under either I.C. § 12-121, as supplemented by I.R.C.P. 54(e)(1), or the provisions of the “lease” agreement which provided for attorney fees to the prevailing party in case of action by either party.

Section 12-121 does not allow attorney fees solely because a party pleads alternative and contradictory facts.

Murr v. Odmark · filed 1987-03-02

Accordingly, we hold that it was inappropriate to award attorney fees under I,C. § 12-121 solely on the basis of pleading “alternative and contradictory facts.”

Section 12-121 does not allow attorney fees solely because a party prevailed when the factual contentions were extensive and the legal principles fairly debatable.

French v. Sorensen · filed 1988-02-10

Judge Beebe found that extensive factual contentions were presented which were argued under fairly debatable legal principles. He ruled that “[s]imply being a prevailing party is not sufficient for an award of attorney [fees] under the statute and Rule [I.C. § 12-121, I.R.C.P. 54(e)(1)].” R., p. 1274. We agree and affirm his denial of fees and also deny attorneys fees on appeal.

Section 12-121 allows attorney fees only to a prevailing party and does not permit a fee award against a party that prevailed at trial.

Ross v. Coleman Co., Inc. · filed 1988-07-27

The defendants Coast and Coleman were the prevailing parties in the jury trial and, accordingly, no award of attorney fees could be made against them under I.C. § 12-121.

Section 12-121 permits a discretionary attorney fee award to a prevailing party, and the court may consider multiple claims when deciding whether either side prevailed overall.

Ruge v. Posey · filed 1988-09-06

Insofar as attorney fees are concerned, this claim apparently was grounded in I.C. § 12-121, which authorizes a discretionary award to a prevailing party. ... The trial court is vested with broad discretion to apportion costs and attorney fees, taking into account the multiplicity of claims. ... In the judge’s view, there was no overall prevailing party. We find no abuse of discretion in his decision.

Section 12-121 authorizes attorney fees only for a prevailing party.

Jensen v. Westberg · filed 1988-12-06

Moreover, section 12-121 authorizes an award of attorney fees only to prevailing parties.

Section 12-121 does not support a fee award to parties who cease to be prevailing parties after their favorable summary judgment is vacated.

Martinez v. Dyche · filed 1989-11-02

Because they are no longer prevailing parties in light of our decision today, the predicate for any such award no longer exists.

Section 12-121 does not support an attorney fee award solely because the plaintiff’s action was dismissed on a Rule 41(b) motion.

Bonaparte v. Neff · filed 1989-05-03

One such standard governing the judge's discretion is that an action is not frivolous, unreasonable or without foundation solely because it fails to survive a defendant's I.R.C.P. 41(b) motion for involuntary dismissal.

Section 12-121 permits attorney fees for a party who obtains the relief sought, even if that party does not prevail on every issue.

Needs v. State · filed 1990-07-25

Idaho Code § 12-121 provides that attorney fees can be awarded only to a prevailing party. ... While it is true that the district court did not provide relief to Needs on every issue, she did prevail on the contention that went to a hearing before the district court. ... On this basis, she genuinely was the prevailing party. She received the relief she sought.

Section 12-121 does not permit a fee award against a dismissed defendant when the plaintiff cannot be considered the prevailing party as to that defendant.

Platt v. Brown · filed 1991-07-02

Under I.C. § 12-121, the judge may award attorney fees to the prevailing party or parties, as described in I.R.C.P. 54(d)(1)(B), and that ruling will not be overturned by an appellate court in the absence of an abuse of that discretion. ... From the facts, we conclude that plaintiff cannot be a prevailing party as to Adell. Moreover, the extent of Adell’s defense as described above cannot be construed as frivolous. Plaintiff has not shown any entitlement to fees and costs against Adell.

Section 12-121 requires a party to prevail before receiving attorney fees.

Chen v. Conway · filed 1991-07-03

Moreover, by our own reversal of the judgment, Conway is not the prevailing party, a requisite for an award of fees under I.C. § 12-121.

Section 12-121 does not authorize attorney fees when a case begins before an administrative agency and reaches district court on review.

World Cup Ski Shop, Inc. v. City of Ketchum · filed 1990-08-03

Consequently, attorney fees under I.C. § 12-121 cannot be awarded if a case is initiated before an administrative agency and later appealed to a district court for review.

Section 12-121 does not authorize attorney fees in appeals from county commissioner decisions brought under Idaho Code § 31-1509.

Fox v. Board of County Commissioners · filed 1991-04-01

We perceive no reason why the Lowery rule should not apply equally to appeals brought under I.C. § 31-1509. Consequently, we cannot uphold the district court’s decision to award fees to Fox through I.C. § 12-121.

Section 12-121 permits an award of attorney fees only to a prevailing party.

Desfosses v. Desfosses · filed 1991-08-30

Any award of fees under this statute can only be made to a prevailing party. Here, we cannot say that either party has prevailed in this appeal. Accordingly, we do not award either costs or attorney fees.

Section 12-121 allows attorney fees only to a prevailing party, so fees are unavailable when neither party prevailed.

Fellowship Tabernacle, Inc. v. Baker · filed 1994-02-22

As an alternative to his request for attorney fees under I.C. § 12-120, Baker also sought attorney fees under I.C. § 12-121. This section also provides for an award of attorney fees to the prevailing party. According to the analysis above, the district court did not err in determining that neither party was the prevailing party. That analysis also applies to any award of fees under § 12-121, and therefore the district court was also correct in denying Baker fees under this alternate statute.

Section 12-121 allows attorney fees on appeal only to a prevailing party.

Gumprecht v. Doyle · filed 1995-08-08

VENT argues that it is entitled to attorney fees on appeal under I.C. § 12-120(3) and I.C. § 12-121. Both of the provisions under which VENT seeks attorney fees, only allow an award of attorney fees to the prevailing party. I.C. §§ 12-120(3); and 12-121 VENT has not prevailed on appeal. Attorney fees are denied.

Section 12-121 fee requests involving multiple claims are assessed based on the entire course of litigation rather than isolated claims alleged to be frivolous.

Pocatello Auto Color, Inc. v. Akzo Coatings, Inc. · filed 1995-05-15

Considering the entire course of the litigation in the present case, rather than focusing on PAC’s aborted tort claims, it is clear that the trial court did not abuse its discretion in refusing to award attorney fees or to sanction PAC pursuant to I.C. § 12-121, I.R.C.P. 11(a)(1), or I.C. § 12-123.

When a damages ruling changes the result, an attorney-fee award under section 12-121 must be vacated so the trial court can redetermine the prevailing party and whether and how much to award in fees.

NEW VILLAGER CONDO. ASSOCIATION, INC. v. Idaho Power Co. · filed 1996-12-16

In light of our ruling on punitive damages, we vacate the trial court’s award of attorney fees and direct the trial court on remand to redetermine whether the New Villager Association continues to be the prevailing party, and if so, whether to award the association attorney fees and in what amount.

Section 12-121 requires a prevailing party for an attorney fee award; a partial reversal that leaves no prevailing party eliminates entitlement to fees.

John W. Brown Properties v. Blaine County · filed 1997-05-27

Once the summary judgment was reversed in part, there was no longer a “prevailing party” who could be entitled to attorney fees under I.C. § 12-121.

Section 12-121 does not allow an attorney fee award to a party that did not prevail.

Ockerman v. Ada County Board of Commissioners · filed 1997-05-30

The respondents’ claim for fees is asserted under I.C. § 12-121; however, because the respondents are not the prevailing party, their claim must be denied.

Section 12-121 permits a prevailing party to recover attorney’s fees even if a third party has arranged to pay those fees.

Hines v. Hines · filed 1997-03-14

Furthermore, we believe the arrangement Linda may have made with a third party regarding her attorney’s fees is not relevant to the question of whether she, as a party, is entitled to be compensated for the attorney’s fees incurred in defending against the complaint. Therefore, Linda, as the prevailing party, would have been entitled to attorney’s fees pursuant to I.C. § 12-121.

Section 12-121 permits an award of attorney fees to a prevailing party, so a party that does not prevail cannot recover fees on appeal under it.

Erickson v. State · filed 1998-09-15

Idaho Code section 12-121 provides for the Court to award attorney fees to a prevailing party. ... Because the Ericksons are not the prevailing party, this Court declines to award costs or attorney fees to them.

Section 12-121 does not allow appellate attorney fees for a party who did not prevail on appeal.

Thomas v. Worthington · filed 1999-06-02

Because Kathy is not the prevailing party in this appeal, she is not entitled to attorney fees under I.C. § 12-121.

Section 12-121 does not authorize attorney fees on appeal for a party that did not prevail on appeal.

Roberts v. BD. OF TRUSTEES, DIST. 25 · filed 2000-09-25

On appeal, the School District has requested attorney fees pursuant to I.C. § 12-121. However, because the School District is not the prevailing party on appeal, the District is not entitled to an award of fees under that statute.

Section 12-121 does not entitle a party that did not prevail on appeal to appellate attorney fees.

Sheridan v. St. Luke's Regional Medical Center · filed 2001-05-22

St. Luke’s requests attorney’s fees under I.C. § 12-121, which provides “[i]n any civil action, the judge may award reasonable attorney’s fees to the prevailing party.” Because St. Luke’s is not the prevailing party on appeal, they are not entitled to attorney’s fees.

Section 12-121 does not support an appellate attorney fee award for a party who loses the issues on her own appeal and prevails only against a cross-appeal, because she is not a prevailing party on appeal.

Strother v. Strother · filed 2002-02-08

Peggy raised two issues on appeal, neither of which had merit. The only issue on which she prevailed was Jeffs cross-appeal. Because Peggy cannot be characterized as a prevailing party on appeal, and because Jeffs response to her appeal cannot be characterized as frivolous, we will not grant her request for attorney fees.

Section 12-121 does not allow attorney fees on appeal to a party that has not prevailed.

Gooding County v. Wybenga · filed 2002-04-23

The Wybengas also request attorney fees on appeal under Idaho Code § 12-121. Because they are not the prevailing parties, they cannot be awarded attorney fees under that statute.

Section 12-121 does not permit an award of attorney’s fees on appeal to parties who did not prevail on appeal.

Western Heritage Insurance v. Green · filed 2002-08-09

The Greens and Simplot request an award of attorney’s fees pursuant to I.C. § 12-121, I.R.C.P. 54(e)(1), I.A.R. 40 and 41, and I.C. § 41-1839. For the reasons set forth above, the Greens and Simplot are not the prevailing parties on appeal and, therefore, then-request for attorney’s fees and costs on appeal is denied.

Section 12-121 does not authorize attorney fees on appeal for a party that does not prevail on appeal.

Swallow v. Emergency Medicine of Idaho, P.A. · filed 2003-04-02

The Plaintiffs requested an award of attorney fees on appeal under Idaho Code § 12-121. Because they are not prevailing parties on this appeal, they are not entitled to an award of attorney fees under that statute.

Section 12-121 requires a party seeking attorney fees on appeal to be the prevailing party.

Lindsey v. Cook · filed 2003-12-23

The Cooks seek an award of attorney fees under I.C. § 12-121. However, that statute requires the Cooks be the prevailing party. Here, they are not. Therefore, their request for attorney fees on appeal is denied.

Section 12-121 authorizes attorney fees for a prevailing party in a civil action, but does not support an award against counsel imposed as a sanction for frivolous or unreasonable conduct.

Roe Family Services v. Doe · filed 2004-03-29

I.C. § 12-121 provides for an award of attorney fees in a civil action to the prevailing party. The district judge was not awarding fees on the basis that John Doe had prevailed in this action, but rather, as a sanction for frivolous or unreasonable conduct.

Section 12-121 permits a discretionary attorney-fee award to a prevailing party, subject to Rule 54(e)(1), and does not authorize an award when neither party prevailed.

Brown v. Marvin G. · filed 2004-07-08

I.C. § 12-121 provides: “In any civil action, the judge may award reasonable attorney fees to the prevailing party or parties ...” The permissive language gives the trial court broad discretionary authority, but I.R.C.P. 54(e)(1) further limits a trial court’s discretion by allowing an award of fees only if the trial court “finds, from the facts presented to it, that the ease was brought, pursued or defended frivolously, unreasonably or without foundation.” The district judge correctly determined that neither party prevailed and therefore, did not abuse his discretion in determining the Browns were not entitled to fees.

Section 12-121 does not authorize an attorney fee award to a party who does not prevail on appeal.

Conway v. Sonntag · filed 2005-02-07

Dr. Sonntag also requests attorney fees on appeal pursuant to Idaho Code § 12-121. Because he is not the prevailing party, he is not entitled to an award of attorney fees under that statute.

A party that does not prevail is ineligible for appellate attorney fees under § 12-121.

Read v. Harvey · filed 2005-04-06

An award of attorney fees on appeal under I.C. § 12-121 is available to the prevailing party when “the appeal was brought or defended frivolously, unreasonably or without foundation.” ... The Reads are not the prevailing party, and therefore are not entitled to an award of attorney fees.

Section 12-121 requires a party to prevail on appeal to receive attorney fees under it.

Roe v. Albertson's, Inc. · filed 2005-05-04

Albertson’s requests attorney fees pursuant to I.C. § 12-121. However, that statute requires that Albertson’s be the prevailing party, and since they do not prevail on appeal they are not awarded attorney fees.

Section 12-121 does not authorize attorney fees on appeal for a party that did not prevail.

Ameritel Inns, Inc. v. Greater Boise Auditorium District · filed 2005-08-11

The defendants request the award of attorney fees on appeal pursuant to Idaho Code § 12-121. Because they did not prevail in the appeal, they are not entitled to an award of attorney fees under that statute.

Section 12-121 does not allow an award of appellate attorney fees to a party that did not prevail on appeal.

Shoup v. Union Security Life Insurance · filed 2005-11-23

Idaho Code § 12-121 permits an award of attorney fees in a civil action to the prevailing party if the court determines the case was brought, pursued or defended frivolously, unreasonably or without foundation. ... Union Security is not the prevailing party on appeal, and therefore no award of attorney fees is warranted.

Section 12-121 does not allow appellate attorney fees to a party that did not prevail.

Doe v. Roe · filed 2005-12-20

Father seeks attorney’s fees and costs pursuant to I.C. § 12-121, I.C. § 12-123, and Idaho Rules 40 and 41. Father is not the prevailing party and is therefore not entitled to fees and costs on appeal.

Section 12-121 does not authorize attorney fees on appeal for a party that did not prevail on appeal.

Akers v. D.L. White Construction, Inc. · filed 2005-12-30

The Akers are not the prevailing party on appeal, and therefore no award of attorney fees under I.C. § 12-121 is warranted.

A party that does not prevail on appeal cannot recover appellate attorney fees under Idaho Code § 12-121.

City of Boise v. Frazier · filed 2006-04-13

The City requests attorney fees on appeal pursuant to I.C. § 12-121. Idaho Code § 12-121 permits an award of attorney fees in a civil action to the prevailing party if the court determines the case was brought, pursued or defended frivolously, unreasonably or without foundation. Mutual of Enumclaw Ins. Co. v. Pedersen, 133 Idaho 135, 139, 983 P.2d 208, 212 (1999). The City is not the prevailing party on appeal, and therefore no award of attorney fees is warranted.

Section 12-121 permits an award of attorney’s fees on appeal only to a prevailing party.

Rees v. STATE, DEPT. OF HEALTH AND WELFARE · filed 2006-04-24

Additionally, Idaho Code § 12-121 permits an award of attorney’s fees to the prevailing party. However, because Ott and the Department have not prevailed on this appeal, we do not award them attorney’s fees.

Section 12-121 permits an award of attorney fees to a prevailing party; a party that does not prevail cannot receive fees under it.

Edmunds v. Kraner · filed 2006-05-03

Idaho Code § 12-121 allows the award of attorney’s fees to the prevailing party. Since St. Alphonsus is not the prevailing party we decline to award attorney’s fees.

Section 12-121 does not permit attorney fees on appeal for a party that did not prevail.

Point of Rocks Ranch v. Sun Valley Title Insurance Company · filed 2006-10-25

Finally, the Frenches claim attorney fees on appeal pursuant to Idaho Code §§ 12-121 and 41-1839. Because they have not prevailed on appeal, they are not entitled to attorney fees under either statute.

Section 12-121 allows reasonable attorney fees to a prevailing party, so a party that does not prevail cannot recover fees on appeal under it.

Clark v. Spokesman-Review · filed 2007-05-24

Clark seeks attorney fees pursuant to I.C. § 12-121. That statute allows an award of “reasonable attorney’s fees to the prevailing party. . . .” I.C. § 12-121. Clark is not a prevailing party; thus, Clark is not entitled to attorney fees on appeal.

Section 12-121 authorizes attorney fees for a prevailing party; a party that loses on appeal is not entitled to fees under the section.

Foley v. Grigg · filed 2007-06-29

SCC requests attorney fees pursuant to I.C. § 12-121. This statute authorizes the award of attorney’s fees to the prevailing party. Schneider v. Howe, 142 Idaho 767, 775, 133 P.3d 1232, 1240 (2006). Since we reverse the decision below, SCC is not a prevailing party and is not entitled to an award of attorney fees.

A party that prevails on only part of an appeal is not a prevailing party entitled to attorney fees under § 12-121.

Garcia v. Windley · filed 2007-07-31

When a party prevails only in part on an appeal, that party is not a prevailing party and hence is not entitled to attorney fees under I.C. § 12-121. ... Garcia prevails only on the jury instruction issue. Thus, Garcia is not entitled to attorney fees.

Section 12-121 does not permit appellate attorney fees when neither party prevails because the judgment is affirmed in part and remanded in part.

MEDICAL RECOVERY SERVICES, LLC v. Jones · filed 2007-12-10

Jones requests an award of attorney fees on appeal pursuant to I.C. § 12-121 and I.R.C.P. 54(e)(1) on the ground that the appeal was bought frivolously, unreasonably or without foundation. We conclude, however, that there is no prevailing party, as we have affirmed in part but remanded for reconsideration of the claim for paralegal fees. Accordingly, no attorney fees or costs are awarded on appeal.

Section 12-121 does not allow appellate attorney fees to a party that did not prevail on the issue appealed.

Koch v. Canyon County · filed 2008-01-25

The County and IAC Finance both seek an award of attorney fees on appeal pursuant to Idaho Code § 12-121. ... The County and IAC Finance have not prevailed on the issue that the Plaintiffs appealed.

Under § 12-121, a party whose favorable order is reversed on appeal is not the prevailing party and cannot recover appellate attorney fees.

Schultz v. Schultz · filed 2008-06-13

Kenneth requests attorney fees pursuant to I.C. § 12-121. Idaho Code § 12-121 authorizes the award of attorneys fees to the prevailing party if the Court is “left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably, and without foundation.” Wait, 136 Idaho at 799, 41 P.3d at 227. Here, we reverse the magistrate’s order, so Kenneth is not the prevailing party. Therefore, we decline to award attorney fees.

Section 12-121 requires a prevailing party for appellate attorney fees, and prevailing on only one of two issues on appeal did not qualify.

Lee v. Nickerson · filed 2008-07-10

Here, there are two issues on appeal, and Lee prevails only on one of them. Therefore, we hold Lee is not the prevailing party and is not entitled to an award of attorney fees on appeal pursuant to I.C. § 12- 121.

Section 12-121 does not entitle a party that did not prevail on appeal to attorney fees.

Carlson v. Stanger · filed 2008-11-14

On appeal, Carlson requests attorney fees and costs pursuant to I.C. § 12-121, I.R.C.P. 54(d)(1) and 54(e)(1), and the Idaho Appellate Rules. Carlson is not the prevailing party on appeal and, therefore, is not entitled to attorney fees and costs.

Attorney’s fees under § 12-121 are unavailable on appeal when neither party is the prevailing party.

Saddlehorn Ranch Landowner's, Inc. v. Dyer · filed 2009-01-21

The Association and the Dyers make a claim for attorney’s fees on appeal under I.C. § 12-121. The Association, like the Dyers, has not presented this Court with any reasonable basis in fact or law to reverse the decision of the district court. This litigation has accomplished absolutely no result that was not contemplated between the parties as early as 1996. The Dyers appealed the district court decision and the Association cross-appealed the district court’s decision, and this Court denies all claims of both parties. Therefore, this Court finds that there is no prevailing party on appeal and that neither party is entitled to attorney’s fees.

Section 12-121 does not entitle a party to attorney fees on appeal unless that party prevails.

Cramer v. Slater · filed 2009-03-05

Respondents are not the prevailing party in this action; therefore, there is no entitlement to attorney‟s fees under either statute.

Section 12-121 requires a party to prevail before receiving attorney fees on appeal; when claims remain for trial and the ultimate prevailing party is undetermined, appellate fees are denied.

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

As set forth above, I.C. § 12-121 requires that the party prevail in order to be awarded attorney fees and it remains to be determined whether Gray or Tri-Way will ultimately be the prevailing party in this litigation. As such, we also deny Tri-Way‘s request for attorney fees on appeal under I.C. § 12-121.

Section 12-121 does not authorize attorney fees for a party that did not prevail on appeal.

Zenner v. Holcomb · filed 2009-06-16

The Holcombs are not the prevailing party on appeal and, therefore, are not entitled to attorney fees and costs under I.C. § 12-121.

Section 12-121 allows an attorney-fee award only to a prevailing party.

Justad v. Ward · filed 2009-06-18

She also asks this Court to award her attorney fees on appeal pursuant to these provisions and I.C. § 12-121. An award of attorney fees pursuant to these statutes would only be appropriate if Justad were the prevailing party. Because we conclude that Justad did not timely communicate her exercise of the option, she is not the prevailing party. She is thus not entitled to an award of attorney fees.

Section 12-121 does not authorize attorney fees for a party who did not prevail on appeal.

Berg v. Kendall · filed 2009-07-09

Because Kendall did not prevail in this case, we deny her request for fees under I.C. § 12-121.

Section 12-121 does not permit an attorney fee award to a party who has not prevailed on appeal.

Johnson v. Johnson · filed 2009-09-08

Larry seeks attorney fees pursuant to I.C. § 12-121; however, he is not eligible for such an award as he has not prevailed on appeal.

Section 12-121 permits an attorney fee award to the prevailing party in a civil action, but a party that does not prevail on appeal is not entitled to appellate fees.

Coombs v. Curnow · filed 2009-10-13

Under Idaho Code section 12-121, a court may award attorney fees to the prevailing party in a civil action. I.C. § 12-121. Because neither of the doctors is a prevailing party on this appeal, they are not entitled to an award of attorney‘s fees under the statute.

Section 12-121 does not allow attorney fees on appeal to a party that did not prevail on appeal.

Knox v. STATE EX REL. OTTER · filed 2009-11-27

The Plaintiffs ask for an award of attorney fees on appeal pursuant to Idaho Code § 12- 121. Because they have not prevailed on appeal, they cannot recover attorney fees under that statute.

Section 12-121 does not allow an attorney-fee award on appeal to a party that did not prevail.

Evco Sound & Electronics, Inc. v. Seaboard Surety Co. · filed 2009-11-27

Surety requests an award of attorney fees pursuant to Idaho Code § 12-121. Because Surety is not the prevailing party on this appeal, it cannot be awarded attorney fees under that statute.

Section 12-121 permits attorney fees for a prevailing party when the court believes the proceeding was brought or defended frivolously, unreasonably, or without foundation.

Torrence v. McCay · filed 2011-03-11

An award of attorney fees may be granted under I.C. § 12-121 to the prevailing party and such an award is appropriate when the court is left with the abiding belief that the proceeding was brought or defended frivolously, unreasonably, or without foundation.

Section 12-121 does not authorize appellate attorney fees for a party that did not prevail in the action.

Kennedy v. Schneider · filed 2011-05-26

The Kennedys request an award of attorney fees on appeal pursuant to I.C. § 12-121. As they have not prevailed in this action, they are not entitled to an award of attorney fees.

Section 12-121 does not allow attorney fees on appeal to respondents who are not prevailing parties after the judgment in their favor is vacated.

Idaho Development, LLC v. Teton View Golf Estates, LLC · filed 2011-11-03

Because this Court is vacating the district court’s grant of summary judgment, neither DePatco, Schiess nor ZBS are prevailing parties on appeal.

Section 12-121 requires a party seeking attorney’s fees on appeal to be the prevailing party.

Farrell v. Whiteman · filed 2012-01-10

Whiteman requested attorney’s fees under Idaho Code section 12-121. This Court finds that Whiteman is not the prevailing party and thus, is not entitled to attorney’s fees.

Section 12-121 permits attorney’s fees only to a prevailing party in a civil action.

Bishop v. Owens · filed 2012-01-12

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 12-121 permits attorney fees on appeal only for a prevailing party.

Stonebrook Constraction, LLC v. Chase Home Finance, LLC · filed 2012-04-26

Under I.C. §§ 12-120(3) and 12-121, only the prevailing party is entitled to attorney fees on appeal. Because Stonebrook has not prevailed in this appeal, it is not entitled to attorney fees under either of these statutes.

Section 12-121 does not allow appellate attorney fees for a party that did not prevail on appeal.

Bennett v. Patrick · filed 2012-04-27

Patrick seeks fees under I.C. § 12-121. ... We deny Patrick’s fee request because she did not prevail here.

Section 12-121 does not allow appellate attorney fees for a party that did not prevail.

H&W v. The Estate of Wiggins · filed 2013-08-09

The Estate requests attorney fees on appeal pursuant to I.C. §§ 12-117 and 12-121. Because the Estate is not the prevailing party, it is not entitled to attorney fees on appeal.

Section 12-121 permits appellate attorney fees only to a prevailing party, and a party that wins the appeal but frivolously pursues a cross-appeal is not a prevailing party for that award.

Campbell v. Kvamme · filed 2013-12-30

Neither party is entitled to attorney fees on appeal. The Kvammes prevailed on the Campbells’ appeal, but the Kvammes’ cross-appeal was frivolously pursued. Thus, neither party is the prevailing party and neither party is entitled to attorney fees on appeal.

Section 12-121 does not allow attorney fees on appeal to a party that did not prevail.

Mulford v. Union Pacific Railroad · filed 2014-02-10

Here, Mulford is not entitled to attorney fees pursuant to I.C. § 12-121 because Mulford is not the prevailing party in this appeal.

Section 12-121 does not permit an award of attorney fees on appeal to a party that has not prevailed.

Cumis Insurance Society, Inc. v. Massey · filed 2014-02-10

Massey requests attorney fees on appeal, relying upon I.C. § 12-121. As Massey is not the prevailing party, he is not entitled to an award of attorney fees.

Section 12-121 does not authorize appellate attorney fees when both parties prevail only in part and neither is the prevailing party.

Marmor v. Marmor · filed 2014-06-16

Jeff also invokes Idaho Code § 12-121, which provides for the award of fees to the prevailing party when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). However, both parties prevailed only in part and so neither party can be deemed the prevailing party. Wilhelm v. Johnston, 136 Idaho 145, 154, 30 P.3d 300, 309 (Ct. App. 2001). Therefore, we do not award attorney fees or costs on appeal.

Section 12-121 does not authorize attorney fees on appeal for a party that did not prevail.

Pocatello Hospital, LLC v. Quail Ridge Medical Investor, LLC · filed 2014-12-18

Quail Ridge is not the prevailing party and is therefore not entitled to an award of attorney fees on appeal.

Section 12-121 permits an award of attorney fees on appeal to a prevailing party; a party that does not prevail cannot receive such an award.

Action Collection Svcs. v. McCullough · filed 2015-01-22

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party. Because Action Collection is not the prevailing party, its request for attorney fees on appeal is denied.

Section 12-121 allows appellate attorney fees for a prevailing party; a party that does not prevail on appeal is not entitled to them.

Mertens v. Estate of Marcella Mertens · filed 2015-02-10

Attorney fees may be granted to the prevailing party under I.C. § 12- 121 and I.A.R. 41. The estate is not the prevailing party on this appeal and therefore, not entitled to attorney fees.

Section 12-121 permits an attorney-fee award to a prevailing party; no fees are awarded when neither party prevails.

Sweet v. Foreman · filed 2015-09-02

An award of attorney fees may be granted under I.C. §§ 12-121 and I.A.R. 41 to the prevailing party. In this case, neither party is the prevailing party.

Section 12-121 does not authorize attorney fees on appeal for a party who did not prevail.

Hayes v. State · filed 2015-09-16

Because Hayes is not the prevailing party, we decline to award costs or attorney fees. See I.C. § 12-121; Idaho Appellate Rule 41; Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995).

A party that does not prevail on appeal is not entitled to attorney fees under § 12-121.

Linell Bills v. Bills · filed 2016-08-26

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party and such an award is appropriate when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). As Linell is not the prevailing party on appeal, she is not entitled to attorney fees.

Section 12-121 permits an attorney-fee award on appeal from a contempt proceeding to a prevailing party; a party who does not prevail is ineligible.

Thompson v. Bybee · filed 2016-10-17

Idaho Code § 12-121 permits “the discretionary award of attorney fees ‘to the prevailing party’” on appeal from a contempt proceeding. State Dep’t of Health & Welfare v. Slane, 155 Idaho 274, 279, 311 P.3d 286, 291 (2013). Thompson is not entitled to attorney fees because he did not prevail in this appeal.

Section 12-121 allows attorney fees on appeal only to a prevailing party.

Medical Recovery Svcs v. Penny R. Siler · filed 2017-04-28

Siler requests fees under Idaho Code section 12-121. Because Siler is not the prevailing party, we decline to award Siler fees as well.

Section 12-121 attorney fees are improper when a vacated judgment leaves no prevailing party.

Irish v. Hall · filed 2018-04-26

However, because we vacate the district court's granting of the directed verdict, attorney fees are improper at this time as there is no prevailing party.

Section 12-121 permits attorney fees on appeal only to a prevailing party.

Frantz v. Osborn · filed 2020-07-21

Frantz requests attorney fees on appeal pursuant to Idaho Code section 12-121. There are two reasons why we must deny Frantz’s request. First, Frantz is not the prevailing party, and therefore, is not entitled to an award of fees.

Section 12-121 permits an award of attorney’s fees to a prevailing party, so a party that does not prevail on appeal cannot receive fees under it.

Dlouhy v. Kootenai Hospital District · filed 2020-10-19

Idaho Code section 12-121 allows for the award of attorney’s fees to the prevailing party. I.C. § 12-121. Because Kootenai Health is not the prevailing party on appeal, we decline to award it attorney’s fees.

Section 12-121 requires a party to prevail before it may receive attorney fees.

Christiansen v. Potlatch 1 FCU · filed 2021-11-16

Both Idaho Code sections 12-120(3) and 12-121 require a prevailing party for an award of fees.

Section 12-121 permits an attorney-fee award only to a prevailing party.

Robirds v. Robirds · filed 2021-11-26

Inasmuch as only a prevailing party is entitled to fees under section 12-121, we conclude that the district court properly exercised its discretion in denying Terry’s request for fees.

Section 12-121 allows attorney fees only to a party that prevailed in the case.

Pentico v. Idaho Commission for Reapportionment · filed 2022-02-11

However, as set forth in both Idaho Code section 12-117(1) and section 12-121, in order to be eligible for an award of attorney fees, the party seeking attorney fees must have prevailed in the case.

A party that prevails only in part on appeal is not entitled to attorney fees under section 12-121.

Williamson v. Ada County · filed 2022-02-25

Ada County has only prevailed in part; thus, it is not entitled to attorney fees under section 12-121.

Section 12-121 requires a party to prevail on the merits before recovering attorney fees.

Weaver v. Weaver · filed 2022-04-06

In order to recover attorney fees under 12-121, a party must first prevail on the merits.

Section 12-121 allows attorney fees only to the prevailing party.

Van Orden v. Van Orden · filed 2022-08-03

Accordingly, we decline to award Christine attorney fees under section 12-121 because that section only allows attorney fees for the prevailing party.

Section 12-121 does not authorize attorney fees on appeal for a party that has not prevailed on appeal.

Neeser v. Inland Empire Paper Company · filed 2022-08-23

Because Neeser has not prevailed on appeal, he is not entitled to attorney fees.

Section 12-121 allows an award of attorney fees on appeal only to a prevailing party.

Jane Doe I & John Doe I v. Doe · filed 2022-09-19

Under that statute, fees may only be awarded to a prevailing party. I.C. § 12-121. Here, Mother is not the prevailing party and, therefore, is not entitled to attorney fees.

Section 12-121 does not permit attorney fees when an action is voluntarily dismissed or dismissed without prejudice because there is no prevailing party.

Northwest Building Components, Inc. v. Adams · filed 2023-07-18

For purposes of Idaho Code § 12-121, there is no prevailing party when the action has been voluntarily dismissed or dismissed without prejudice.

Section 12-121 requires a party seeking attorney fees on appeal or cross-appeal to be a prevailing party.

Crane v. Godfrey · filed 2024-07-12

Crane requests attorney fees on appeal and cross-appeal pursuant to I.A.R. 40, I.A.R. 41(a), I.C. § 6- 202(3), and I.C. § 12-120(1), and I.C. § 12-121. All the authority Crane cites for attorney fees on appeal, or cross-appeal, require her to be a prevailing party.

Section 12-121 allows attorney fees only to a prevailing party.

Breckon v. Breckon · filed 2024-09-05

Accordingly, we decline to award Kristie attorney fees under I.C. § 12-121 because that section only allows attorney fees for the prevailing party.

Section 12-121 does not authorize attorney fees on appeal for a party that did not prevail.

Turley v. Koonce · filed 2024-10-28

Koonce and Parker argue that, because the decisions of the district court should be reversed, they are the prevailing parties on appeal and are entitled to costs and attorney fees pursuant to I.C. § 12-121. Because Koonce and Parker are not the prevailing parties on appeal, they are not entitled to attorney fees.

Section 12-121 does not provide appellate attorney fees to a party who did not prevail.

Ross nka Miller v. Ross · filed 2025-02-11

Ross requests attorney fees on appeal pursuant to I.A.R. 41 and I.C. § 12-121. This Court, in any civil action, may award reasonable attorney fees to the prevailing party. I.A.R. 41. Because Ross is not a prevailing party, he is not entitled to attorney fees.

Section 12-121 allows an award of attorney fees on appeal only to a prevailing party.

Frauenholz v. Young · filed 2025-03-25

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party. The Estate is not the prevailing party and is therefore not entitled to an award of attorney fees.

Section 12-121 allows attorney fees only to a prevailing party.

John Doe I and Jane Doe I v. Doe · filed 2025-03-27

Section 12-121 only allows a “prevailing party” to be awarded attorney fees.

Section 12-121 does not allow attorney fees on appeal to a party that did not prevail on appeal.

Hill v. Emergency Medicine of Idaho, P.A. · filed 2025-03-27

EMI is not the “prevailing party” on appeal, so no attorney fees are awarded.

Section 12-121 permits attorney fees for a prevailing party when a case was brought, pursued, or defended frivolously, unreasonably, or without foundation; fees are denied when the requesting party’s ultimate success remains unresolved on remand.

South Hill Meat Lockers Incorp. v. Idaho Transportation Dept. · filed 2025-06-30

Under Idaho Code section 12-121, a court may award attorney fees to the prevailing party if it “finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. Here, both sides only prevailed in part. Moreover, because we are remanding this case for further proceedings, we cannot say whether ITD will ultimately prevail. Accordingly, ITD’s request for attorney fees is denied.

Section 12-121 does not allow appellate attorney fees when each party prevails in part and there is no prevailing party on appeal.

Rupp v. City of Pocatello · filed 2025-08-19

These three statutes provide for an award of attorney fees to the prevailing party under different circumstances. See I.C. §§ 12-121, 12-120(3), 12-117. Because each party prevailed in part, there is no “prevailing party” on appeal. We therefore decline to award attorney fees to any party.

Section 12-121 authorizes attorney fees for a prevailing party when a case was brought, pursued, or defended frivolously, unreasonably, or without foundation; a party that does not prevail on appeal cannot recover fees under it.

Vintage II, LLC v. Saddleback · filed 2025-09-10

Idaho Appellate Rule 40 allows us to award costs to the prevailing party on appeal as a matter of course, while Idaho Code section 12-121 provides for an award of attorney fees to the prevailing party when “the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. However, given our decision to reverse the district court’s order and vacate its amended judgment, Teton Saddleback is not the prevailing party on appeal. Therefore, its request for costs and attorney fees is denied.

Section 12-121 does not authorize attorney fees on appeal for a party that did not prevail.

McLaughlin v. Moore · filed 2025-12-23

The Moores are not the prevailing party on appeal and, therefore, are not entitled to attorney fees under Idaho Code section 12-121.

Section 12-121 permits attorney fees to a prevailing party if the case was brought, pursued, or defended frivolously, unreasonably, or without foundation; a party that did not prevail cannot recover fees under it.

Raber v. Raber · filed 2026-01-15

Father requests attorney fees pursuant to Idaho Code section 12-121, which permits an award of fees to the prevailing party if the case was “brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. However, Father is not the prevailing party.

Section 12-121 allows an award of attorney fees to a prevailing party, so a party who does not prevail is not entitled to fees under it.

Johnson v. Gorringe · filed 2026-02-03

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party. Gorringe is not the prevailing party and is therefore not entitled to an award of attorney fees.

Section 12-121 does not permit an attorney-fee award on appeal when remand for further proceedings leaves no prevailing party at that stage.

Bedell v. Parsons · filed 2026-02-19

A court can award attorney fees to a prevailing party under section 12-121 if the case was frivolous, unreasonable, or without foundation. I.C. § 12-121; I.R.C.P. 54(e)(2). However, because this case is remanded to the district court for further proceedings, there is not a prevailing party at this stage in the proceedings.

Section 12-121 permits an award of attorney fees on appeal to a prevailing party; a party that does not prevail is not entitled to fees.

Johnson v. Gorringe · filed 2026-06-16

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party. Gorringe is not the prevailing party and is therefore not entitled to an award of attorney fees.

Section 12-121 permits a discretionary award of attorney fees to the prevailing party.

Curtis v. City of Ketchum · filed 1986-06-02

Defendant City of Ketchum was the prevailing party below and thus it was within the district court’s discretion under § 12-121 to award fees to the city. We find no abuse of that discretion.

Section 12-121 does not provide appellate attorney’s fees to a party that did not prevail on appeal.

Idaho Development, LLC v. Teton View Golf Estates, LLC · filed 2011-12-12

Because this Court is vacating the district court’s grant of summary judgment, neither DePatco, Schiess nor ZBS are prevailing parties on appeal. Thus, “it is not necessary to discuss whether this appeal involves a ‘commercial transaction’ under § 12-120(3) or whether the appeal was brought or defended unreasonably under § 12-121.” Caldwell v. Cometto, 151 Idaho 34, 41, 253 P.3d 708, 715 (2011). No attorney’s fees are awarded to the Respondents.

Section 12-121 does not authorize appellate attorney fees for a party that did not prevail.

Action Collection Service Inc. v. Black · filed 2019-05-31

Because Action Collection is not the prevailing party, it is not entitled to costs and attorney fees on appeal.

Section 12-121 does not authorize attorney fees on appeal when neither party prevailed.

Caldwell v. COMETTO · filed 2011-05-26

Since they did not prevail on their cross-appeal, as discussed above, the Comettos are not entitled to attorney fees on appeal. Without a prevailing party, it is not necessary to discuss whether this appeal involves a “commercial transaction” under § 12-120(3) or whether the appeal was brought or defended unreasonably under § 12-121.

Section 12-121 permits attorney’s fees under the private attorney general theory only for a prevailing party.

Joki v. State Bd of Education · filed 2017-04-27

Consequently, only a prevailing party may receive attorney’s fees under the private attorney general theory. Joki is not the prevailing party against the State Defendants; therefore, he is not entitled to attorney’s fees at the district court level or on appeal.

Section 12-121 authorizes the Idaho Supreme Court to award reasonable attorney fees to a prevailing party on appeal.

Minich v. Gem State Developers, Inc. · filed 1979-02-16

Since a "judge" is simply an officer or member of a tribunal assembled under authority of law for the administration of justice, we conclude that the singular "judge" should also be construed to mean the plural "judges" or "justices," and we hold that the statutory power to award attorneys fees applies to the members of this court as well as to the district court judges throughout the state.

Section 12-121 authorizes reasonable attorney fees on appeal to a prevailing party in a mechanic’s lien foreclosure action when no other statute provides for them, subject to the applicable fee award standard.

Acoustic Specialties, Inc. v. Wright · filed 1982-09-17

Prior to the enactment of I.C. § 12-121 in 1976, there was no statute which authorized the award of attorney fees on appeal in mechanic's lien foreclosure actions. See Hendrix v. Gold Ridge Mines, Inc., 56 Idaho 326, 54 P.2d 254 (1936). Therefore since there was no other "statute which otherwise provide[d] for the award of attorney's fees," in mechanic's lien foreclosure actions, I.C. § 12-121 authorizes this court to award reasonable attorney fees to the prevailing party. See, Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979). However, we have reviewed the record in this action and concluded that the standard set out in Minich has not been met in this case.

Section 12-121 permits an award of attorney fees to the prevailing party on appeal when the opposing arguments lack foundation and supporting authority.

Kinsela v. State Department of Finance · filed 1990-04-13

The arguments made by Kinsela on appeal were made without foundation. ... Therefore, we award attorney fees to the State as the prevailing party on appeal. I.C. § 12-121; ... I.A.R. 41.

Section 12-121 permits attorney fees on appeal when an appellant essentially challenges factual findings based on disputed evidence and makes no convincing showing that the trial court misapplied the law.

Cozzetto v. Wisman · filed 1991-10-30

We accept Cozzetto’s argument and hold that Wisman essentially challenges only the court’s factual findings upon which there was disputed evidence. ... Appellant has made no convincing showing that the district court misapplied the law. Under these circumstances, respondent is entitled to an award of attorney fees on appeal.

A request for appellate attorney fees under Idaho Code § 12-121 may be summarily denied if the requesting party offers no supporting argument.

Toyama v. Toyama · filed 1996-09-03

Although Roy seeks attorney fees on this appeal pursuant to I.C. § 12-121 he has failed to include any argument to support the claim, and for that reason we summarily deny his request.

Section 12-121 allows appellate attorney fees to a prevailing party when the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.

Viveros v. State Department of Health & Welfare · filed 1995-02-16

This Court ■will award the prevailing party costs and attorney’s fees when an appeal is brought, pursued or defended frivolously, unreasonably or without foundation.

Section 12-121 permits an appellate attorney-fee award to the prevailing party when the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Matter of Hale · filed 1995-04-21

Under I.C. § 12-121 and I.R.C.P. 54(e)(1), a court may award attorney fees to the prevailing party where it finds that “the case was brought, pursued or defended frivolously, unreasonably or without foundation.” ... Because we deem the appeal to have been brought frivolously and without adequate legal foundation, we award costs and attorney fees to respondent, to be determined pursuant to I.A.R. 40 and 41.

Section 12-121 permits an award of attorney fees to a prevailing party on appeal when the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.

Western Stockgrowers Ass'n v. Edwards · filed 1995-04-27

Under I.C. § 12-121 and I.R.C.P. 54(e)(1), a court may award attorney fees to the prevailing party where it finds that “the case was brought, pursued or defended frivolously, unreasonably or without foundation.” This code section also applies to cases on appeal.

Section 12-121 permits attorney fees to a prevailing party on appeal when the appeal was brought or defended frivolously, unreasonably, or without foundation.

Rendon v. Paskett · filed 1995-05-04

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party. ... Such an award is appropriate when the court is left with the abiding belief that the appeal has been brought, or defended frivolously, unreasonably, or without foundation.

Section 12-121 generally permits appellate attorney fees for a prevailing party only when the appeal was brought, pursued, or defended frivolously, unreasonably, and without foundation.

Balderson v. Balderson · filed 1995-05-22

Idaho Code § 12-121 provides that a judge may award reasonable attorney’s fees in any civil action to the prevailing party. Generally reasonable attorney’s fees will only be awarded to the prevailing party under I.C. § 12-121 when the court is left with the “abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably and without foundation.”

Section 12-121 permits an award of attorney fees to a prevailing party when the case was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Tisdale v. Tisdale · filed 1995-08-18

Under I.C. § 12-121 and I.R.C.P. 54(e)(1), a court may award attorney fees to the prevailing party where it finds that “the ease was brought, pursued or defended frivolously, unreasonably or without foundation.” Our review of the record and arguments on appeal leads us to conclude that such an award is not appropriate in this case.

Section 12-121 permits attorney fees on appeal for a prevailing party when the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Haley v. Clinton · filed 1996-01-12

Under that section and I.R.C.P. 54(e)(1), a court may award attorney fees to the prevailing party where it finds that “the case was brought, pursued or defended frivolously, unreasonably or without foundation.” Based on the record below and the arguments made on appeal, we cannot say the appeal was brought frivolously or unreasonably or that it lacked foundation. Thus, no award of attorney fees is appropriate on appeal.

Section 12-121 permits appellate attorney fees for a prevailing party when an appeal frivolously asks the appellate court to revisit factual findings supported by substantial evidence.

Zanotti v. Cook · filed 1996-07-03

Under I.C. § 12-121 and I.R.C.P. 54(e)(1), a court may award attorney fees to the prevailing party where it finds that “the case was brought, pursued or defended frivolously, unreasonably or without foundation.” The Cooks’ appeal simply disputes the district court’s factual findings, which are supported by substantial although conflicting evidence. ... Therefore, we are left with the abiding belief that the appeal, as pursued, was frivolous. Attorney fees and costs are awarded on appeal to the Zanottis.

Section 12-121 permits, but does not require, an attorney fee award to a prevailing party when the case was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Massey v. Stillman · filed 1996-05-13

Under I.C. § 12-121 and I.R.C.P. 54(e)(1), a court may award attorney fees to the prevailing party where it finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation. ... Hence, although the respondents are successful on appeal and are therefore entitled to costs pursuant to I.AR. 40, we decline to award attorney fees to the respondents.

Section 12-121 permits appellate attorney fees for a prevailing party when the appeal was brought frivolously, unreasonably or without foundation.

Angstman v. City of Boise · filed 1996-05-20

The City is the prevailing party on appeal and may therefore be entitled to the fees incurred during the appeal pursuant to I.C. § 12-121 and IAR. 41. However, this Court is not left with the abiding belief that Angstman brought the appeal frivolously, unreasonably or without foundation.

Section 12-121 permits a prevailing party to recover reasonable attorney fees on appeal only when the appeal was brought, pursued, or defended frivolously or without foundation.

State, Bureau of Child Support v. Knowles · filed 1996-06-05

I.C. § 12-121 authorizes this Court to award reasonable attorney fees to the prevailing party on appeal, not as a matter of right, but only where the court is left with the abiding belief that the appeal was brought, pursued or defended frivolously or without foundation.

Section 12-121 permits appellate attorney fees for a prevailing party only when the appeal was brought or pursued frivolously, unreasonably or without foundation.

Yoakum v. Hartford Fire Insurance · filed 1996-07-22

Attorney fees will only be awarded to the prevailing party on appeal if the Court determines that the action was brought or pursued frivolously, unreasonably or without foundation. Minich v. Gem State Developers, Inc., 99 Idaho 911, 918, 591 P.2d 1078, 1085 (1979) (citing I.R.C.P. 54(e)(1)). In this case, it appears that the Yoakums' claims were not brought or pursued frivolously so as to warrant the imposition of attorney fees. The Yoakums' arguments, although ultimately not persuasive, were sufficient to disallow an attorney fee award under I.C. § 12-121.

Idaho Code § 12-121 permits appellate attorney fees for a prevailing party only when the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Baker v. Boren · filed 1997-03-21

An award of attorney fees may be awarded to the prevailing party on appeal pursuant to I.C. § 12-121 if this Court finds ... “that the case was brought, pursued or defended frivolously, unreasonably or without foundation. ... Based on the record below and the arguments made on appeal, we cannot say that the appeal was brought frivolously or unreasonably or that it lacked foundation. Thus, no award of attorney fees is appropriate on appeal.

Section 12-121 permits an award of attorney fees and costs to a prevailing party, but mixed results on appeal can warrant no award.

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

Idaho Code § 12-121 provides for the Court to award attorney fees and costs to a prevailing party. ... Many of the issues cross-appealed were issues of first impression. Both parties cited ample authority for their position and made compelling legal arguments. No costs or attorney fees therefore are awarded on appeal, due to the mixed results achieved here.