Idaho Code § 12-121

Section 12-121 permits attorney fees to a prevailing party on appeal when the appeal is frivolous, unreasonable, or without foundation, but fees are inappropriate if the appeal presents a genuine legal issue.

Cunningham v. Waford · filed 1998-08-07

Lastly, we consider the school district’s request for attorney fees on appeal pursuant to I.C. § 12-121. Attorney fees may be awarded under that statute to the prevailing party on appeal when the appeal has been “brought, pursued or defended frivolously, unreasonably or without foundation.” ... However, such an award in not appropriate where an appeal presents a genuine issue of law for review. ... In this case, the bus drivers raised legitimate legal questions for our consideration, and therefore we will not award attorney fees to the school district.

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

Nerco Minerals Co. v. Morrison Knudsen Corp. · filed 1999-03-31

This Court will award fees under § 12-121 to the prevailing party only when an appeal is brought, pursued or defended frivolously, unreasonably or without foundation.

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

Lamar Corp. v. City of Twin Falls · filed 1999-06-11

This Court awards attorney fees under I.C. § 12-121 to the prevailing party only when an appeal is brought, pursued, or defended frivolously, unreasonably, or without foundation.

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

Heath v. Honker's Mini-Mart, Inc. · filed 2000-07-18

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

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

Noble v. Ada County Elections Board · filed 2000-11-30

Idaho Code § 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, unreasonably, or without foundation.

Section 12-121 allows attorney fees on appeal only when the applicant is the prevailing party and the appeal was brought or defended frivolously, unreasonably or without foundation.

Appel v. LePage · filed 2000-12-27

The LePages claim attorney fees on appeal pursuant to I.C. § 12-121 and Idaho Appellate Rule 41. The party seeking attorney fees must be the prevailing party and this Court must be left “with the abiding belief that the appeal has been brought or defended frivolously, unreasonably or without foundation.” ... Consequently, the LePages are not entitled to attorney fees pursuant to I.C. § 12-121 on appeal.

Section 12-121 allows appellate attorney fees to a prevailing party when the court has an abiding belief that the appeal was brought, pursued or defended frivolously or without foundation.

In Re Williamson · filed 2001-02-22

The City requests reasonable costs and attorney fees on appeal pursuant to I.C. § 12-121. An award of attorney's fees to the prevailing party is appropriate under this section where the Court is left with the abiding belief that the appeal was brought, pursued or defended frivolously or without foundation. ... The appeal is not frivolous.

Section 12-121 ordinarily permits appellate attorney fees for a prevailing party when an appeal was brought, pursued or defended frivolously, unreasonably or without foundation; when both parties prevailed on their respective appeals, neither received fees.

Sacred Heart Medical Center v. Nez Perce County · filed 2001-10-24

Both parties have requested awards for attorney fees and costs in this appeal based on I.C. § 12-121. Reasonable attorney fees under I.C. § 12-121 ordinarily will be awarded to the prevailing party on appeal when this Court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation. ... Since both parties have prevailed successfully on them respective appeals, no award will be made under that statute.

Section 12-121 permits attorney fees on appeal to a prevailing party, but fees are not awarded when the losing party brings the appeal in good faith and presents a genuine issue of law.

Hincks v. Neilson · filed 2002-01-24

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party. ... However, attorney fees will not be awarded where the losing party brought the appeal in good faith and where a genuine issue of law was presented. ... Although ultimately unpersuasive, Hincks raised a genuine issue of law regarding how I.R.C.P. 4(a) should be applied. Therefore, we do not award attorney fees to Neilson, Urrizaga or Hapke on appeal.

Section 12-121 permits an appellate attorney-fee award to a prevailing party when the appeal was brought frivolously, unreasonably, or without foundation, but not when the losing party appealed in good faith on a genuine issue of law.

Hagy v. State · filed 2002-05-08

An award of attorney fees may be granted to the prevailing party pursuant to I.C. § 12-121 and I.A.R. 41. ... 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. ... However, attorney fees will not be awarded where the losing party brought the appeal in good faith and where a genuine issue of law was presented. ... After having thoroughly reviewed all the issues raised and the arguments presented on this appeal, we are left with the abiding belief that Hagy’s appeal against the city and county was brought frivolously, unreasonably, and without legal or factual foundation. As he did below, Hagy urged this Court to grant relief for a cause of action that is not recognized in this state. Therefore, we award the county and city attorney fees on appeal. For the same reasons that we vacate the Rule 11 sanction awarded below, no attorney fees will be awarded to the state on appeal.

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

King v. King · filed 2002-06-18

Attorney fees under § 12-121 will be awarded to the prevailing party on appeal when this Court is left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably or without foundation.

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

Gustaves v. Gustaves · filed 2002-10-23

Because Trida is not the prevailing party on appeal, she will not be awarded attorney fees under Idaho Code § 12-121. Jason could be awarded attorney fees on appeal under Idaho Code § 12-121 only if Trida defended the appeal frivolously, unreasonably, or without foundation.

Section 12-121 allows appellate attorney fees for a prevailing party when the appeal was frivolous, unreasonable, or without foundation, but a good faith argument to extend existing law does not warrant fees.

Martin v. Twin Falls School District 411 · filed 2002-11-22

Both the plaintiffs and the School District request attorney fees on appeal pursuant to Idaho Code § 12-121. Attorney fees will be awarded under that statute to the prevailing party on appeal when this Court is left with the abiding belief that the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation. ... Because the plaintiffs have made a good faith argument for the extension of existing law, we decline to award attorney fees to the School District on appeal.

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

John W. Brown Properties v. Blaine County · filed 2002-11-26

The Court may award attorney fees to the prevailing party or parties under I.C. § 12-121. An award of attorney fees on appeal is appropriate when the appeal is brought or defended frivolously, unreasonably, 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.

Martel v. Bulotti · filed 2003-01-28

This Court only awards attorney fees pursuant to I.C. § 12-121 to the “prevailing party on appeal when this Court is left with the abiding belief that the appeal was brought, [or] pursued ... frivolously, unreasonably or without foundation.”

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

Rudd v. Merritt · filed 2003-02-26

Attorney fees under § 12-121 will be awarded to the prevailing party on appeal when this Court is left with the abiding belief that the appeal was brought, pursued, or defended frivolously, unreasonably or without foundation. ... Because we do not view the Plaintiffs’ entire appeal as having been brought frivolously, unreasonably, or without foundation, we decline to award attorney fees to the Defendants.

Section 12-121 permits reasonable attorney fees for a prevailing party, but fees may be denied when an appeal requires the court to interpret another statute for the first time.

Sacred Heart Medical Center v. Boundary County · filed 2003-03-05

Idaho Code § 12-121 also allows an award of reasonable attorney fees to the prevailing party. Because the appeal has required this Court to interpret I.C. § 31-3505 for the first time within the context of the facts of this case, neither party is awarded fees.

Section 12-121 allows attorney fees to a prevailing party on appeal when the appeal was brought or pursued frivolously, unreasonably or without foundation; legal issues of first impression weighed against fees here.

KMST, LLC. v. County of Ada · filed 2003-04-02

The ACHD seeks an award of attorney fees under Idaho Code § 12-121. ... Because there were legal issues involved in the appeal that were matters of first impression in Idaho, we do not find that the appeal was brought or pursued frivolously, unreasonably or without foundation.

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

Elliott v. Darwin Neibaur Farms · filed 2003-04-08

While the Elliotts qualify as the prevailing party to the appeal under I.C. § 12-121, an award pursuant to that statute is discretionary and will be made only where the Court finds that the appeal was “pursued or defended frivolously, unreasonably or without foundation.” The issues presented and the arguments made by the Neibaurs and Neibaur Farms on this appeal do not leave this Court with the abiding belief that the appeal was pursued frivolously, unreasonably or without foundation.

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

Israel v. Leachman · filed 2003-06-18

Idaho Code § 12-121 provides for the discretionary award of reasonable attorney fees to the prevailing party. Attorney fees are awarded on appeal where this Court determines the issues presented to it were "pursued or defended frivolously, unreasonably or without foundation." Brinkmeyer v. Brinkmeyer, 135 Idaho 596, 601, 21 P.3d 918, 923 (2001). The award will not be made, however, where this Court is left with the abiding belief that the appeal was not brought or pursued frivolously, unreasonably or without foundation. Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979). Under the latter guideline, the Court declines to award attorney fees to the Leachmans.

Section 12-121 permits a discretionary award of reasonable attorney fees to a prevailing party, and fees may be denied when an appeal raises important issues not previously decided.

Lohman v. Flynn · filed 2003-06-27

Idaho Code § 12-121 provides for the discretionary award of reasonable attorney fees to the prevailing party. This Court declines to award fees to either party because the appeal to the district court and to this Court raised issues of importance not previously decided.

Section 12-121 permits a discretionary award of reasonable attorney fees to the prevailing party, but fees ordinarily are not awarded when the losing party brought an appeal in good faith and presented a genuine issue of law.

Chisholm v. Twin Falls County · filed 2003-07-16

Idaho Code § 12-121 provides for the award of reasonable attorney fees to the prevailing party. Although the Respondents are the prevailing parties, the statutory power is discretionary, and attorney fees are not awarded as a matter of right. Ordinarily, attorney fees will not be awarded where the losing party brought the appeal in good faith and where a genuine issue of law was presented.

Section 12-121 permits attorney fees to a prevailing party on appeal when the appeal was brought or pursued frivolously, unreasonably or without foundation; a good faith argument to extend existing law does not warrant fees.

Courtney v. Big O Tires, Inc. · filed 2003-12-23

Big O Tires requests attorney fees on appeal pursuant to Idaho Code § 12-121. Under that statute, attorney fees will be awarded to the prevailing party on appeal when this Court is left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably or without foundation. ... On this appeal, Mr. Courtney made a good faith argument for the extension of existing law. We therefore decline to award attorney fees on appeal.

A party seeking attorney fees on appeal under § 12-121 must be the prevailing party on the appeal.

Viking Construction, Inc. v. Hayden Lake Irrigation District · filed 2010-05-28

Viking requests attorney fees on appeal pursuant to the private attorney general doctrine, 42 U.S.C. § 1988, Idaho Code § 12-117, and Idaho Code § 12-121. To be awarded attorney fees on appeal under any of those provisions, the party must be the prevailing party on the appeal.

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

Rich v. Re/Max Tri-Cities, LLC · filed 2010-07-06

Attorney fees are not awarded to the Blackmores because they have not prevailed on appeal.

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

Blackmore v. RE/MAX TRI-CITIES, LLC · filed 2010-07-06

Attorney fees are not awarded to the Blackmores because they have not prevailed on appeal.

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

Johnson v. Howard · filed 2011-02-02

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

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

Ward v. PORTNEUF MEDICAL CENTER, INC. · filed 2011-02-02

PMC requests attorney fees on appeal pursuant to I.C. § 12-121 and Idaho Rule of Civil Procedure 54(e)(1). However, because PMC did not prevail in this appeal, there is no basis to award attorney fees.

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

Kelley v. Yadon · filed 2011-02-02

Warren Yadon seeks an award of attorney fees on appeal pursuant to Idaho Code §§ 12- 121 and 6-324. Warren is not entitled to an award of attorney fees on appeal for two reasons. First, both statutes only provide for the awarding of attorney fees to the prevailing party. He is not the prevailing party on appeal.

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

VANDERFORD CO., INC. v. Knudson · filed 2011-03-21

The Greifs request attorney fees under I.C. § 12-121 and Rule 11(a)(1), arguing that this appeal was brought frivolously, unreasonably or without foundation. Because the Greifs are not the prevailing party, we decline to award the requested fees.

Section 12-121 permits discretionary attorney fees on appeal, but fees are unwarranted when the appeal raises a genuine legal issue and is not pursued frivolously, unreasonably or without foundation.

Griffin v. Griffin · filed 1982-03-16

We do not view either appeal as having been brought or pursued frivolously, unreasonably or without foundation. We therefore affirm the district court except as to attorney fees.

Section 12-121 does not permit attorney fees on appeal when the appeal presents a genuine issue of law for review.

Gillingham v. Swan Falls Land & Cattle Co., Inc. · filed 1984-06-26

Where an appeal presents a genuine issue of law for review, we will not award attorney fees on appeal under I.C. § 12-121.

Section 12-121 does not warrant an award of attorney fees on appeal when genuine issues have been raised.

Maxson v. Farmers Insurance of Idaho, Inc. · filed 1985-01-30

Because genuine issues have been raised on appeal, we decline to award attorney fees under I.C. § 12-121.

Section 12-121 permits attorney fees on appeal when the appellant presents no genuine issue of law or error in applying law to the undisputed facts.

Makin v. Liddle · filed 1985-02-11

In light of Aldape, which was decided before the appeal was taken, we hold that Makin has presented no genuine issue of law nor any error in the application of law to the undisputed facts germane to the appeal.

Section 12-121 permits appellate attorney fees when an appeal merely asks the court to reweigh conflicting evidence or challenges settled law without a substantial showing that the trial court misapplied it.

Davis v. Gage · filed 1985-12-27

We have supplemented Minich by holding that attorney fees are awardable if an appeal does no more than “simply invite the appellate court to second-guess the trial court on conflicting evidence,” T-Craft Aero Club, Inc. v. Blough, 102 Idaho 833, 837, 642 P.2d 70, 74 (Ct.App.1982), or if the law is well-settled and the appellants have made “no substantial showing that the district court misapplied the law.” Christensen v. Idaho Land Developers, Inc., 104 Idaho 458, 461, 660 P.2d 70, 73 (Ct.App.1983). Each of these criteria is satisfied by the present appeal. Accordingly, we hold that the respondents are entitled to an award of reasonable attorney fees on appeal, as determined in accordance with I.A.R. 41.

Section 12-121 permits attorney fees on appeal when the appeal merely asks the appellate court to reweigh conflicting evidence or challenges settled law without a substantial showing that the trial court misapplied it.

Booth v. Weiser Irrigation District · filed 1987-03-23

Respondents have requested an award of attorney fees on appeal under I.C. § 12-121. Attorney fees are awardable if an appeal does no more than simply invite an appellate court to second-guess the trial court on conflicting evidence, or if the law is well settled and appellants have made no substantial showing that the district court misapplied the law.

Section 12-121 does not allow attorney fees on appeal when the appeal raises a genuine legal issue.

Smith v. Idaho Peterbilt, Inc. · filed 1984-06-19

Because a genuine legal issue has been raised in this appeal, no attorney fees are awarded under I.C. § 12-121.

Section 12-121 allows attorney fees for a losing position only when it is not fairly debatable; for mixed questions of law and fact, the court must assess whether the evidence supports a fairly debatable issue.

Associates Northwest, Inc. v. Beets · filed 1987-03-02

A second standard governing the exercise of discretion in this case is that a suit is not frivolous or groundless merely because the plaintiff loses. Where questions of law are raised, we have held that attorney fees should be awarded under I.C. § 12-121 only if the position advocated by the nonprevailing party is plainly fallacious and, therefore, not fairly debatable. ... We think a similar standard applies where, as here, mixed issues of law and fact are presented. A court must determine whether the evidence adduced is sufficient, albeit disputed, to establish a fairly debatable issue under the legal theories advanced by the plaintiff.

Section 12-121 permits attorney fees on appeal when the appeal merely asks the appellate court to reweigh conflicting evidence or makes no substantial showing that the trial court misapplied settled law.

Johnson v. Edwards · filed 1987-12-09

Attorney fees are awardable if an appeal does no more than simply invite an appellate court to second-guess the trial court on conflicting evidence, or if the law is well settled and appellant has made no substantial showing that the district court misapplied the law.

Section 12-121 does not warrant attorney fees on appeal when the losing party raises a genuine issue of law in good faith and the appeal is not frivolous.

Hales v. King · filed 1988-09-09

Hales claims entitlement to attorney fees on appeal pursuant to I.C. § 12-121 and I.R.C.P. 54(e)(1). ... Here, King raised a genuine issue of law concerning the applicability of the treble damage penalty. Even though King’s arguments are unpersuasive, the appeal does not appear to be frivolous. We therefore decline to award attorney fees to Hales.

Section 12-121 permits appellate attorney fees when an appeal merely asks the court to reweigh conflicting evidence or makes no substantial showing that settled law was misapplied.

Skelton v. Haney · filed 1989-07-31

Under I.C. § 12-121, “Attorney fees are awardable if an appeal does no more than simply invite an appellate court to second-guess the trial court on conflicting evidence, or if the law is well settled and appellant has made no substantial showing that the district court misapplied the law.” Johnson v. Edwards, 113 Idaho 660, 662, 747 P.2d 69, 71 (1987).

Section 12-121 permits attorney fees on appeal when the appeal was brought or pursued unreasonably or without foundation, including when it applies settled law to undisputed facts without a substantial showing that the lower court misapplied the law.

Wolske Bros., Inc. v. HUDSPETH SAWMILL · filed 1989-09-01

Heller now seeks attorney fees for this appeal under I.C. § 12-121. An award under this section will be made if the appellate court finds that the appeal was brought or pursued unreasonably or without foundation. We will make such a finding when an appeal turns on the application of settled law to undisputed facts, and the appellant has made no substantial showing that the lower court misapplied the law.

Section 12-121 permits appellate attorney fees when settled law and supported facts leave the appellant without a substantial showing that the court misapplied the law.

State of Alaska Ex Rel. Sweat v. Hansen · filed 1989-10-31

However, we believe an award may, and should, be made under I.C. § 12-121. Attorney fees are awardable under the statute if the law is well-settled, the facts have been found upon substantial evidence, and the appellant has made “no substantial showing that the Power] court misapplied the law” to those facts.

Section 12-121 permits attorney fees on appeal when the law and material facts are settled and the appellant makes no substantial showing that the lower court misapplied the law.

Bell v. Golden Condor, Inc. · filed 1989-12-28

Attorney fees are awardable under the statute if the law is well-settled, the material facts are well established, and the appellant has made “no substantial showing that the [lower] court misapplied the law” to those facts.

Section 12-121 permits an award of attorney fees and costs on appeal when the appeal presents no genuine issue of material fact or substantial issue of law and was brought unreasonably and without foundation.

Heirs and Devisees of Grover v. Roselle · filed 1990-01-04

Because this appeal has presented no genuine issue of material fact, nor any substantial issue of law, we conclude that Roselle’s appeal was brought unreasonably and without foundation. Attorney fees and costs are therefore awarded to the Grover heirs under I.C. § 12-121, in an amount to be determined by I.A.R. 41(d).

Section 12-121 permits attorney fees on appeal involving questions of law when the law is well settled and the appellant makes no substantial showing that the district court misapplied it.

Andrews v. Idaho Forest Industries, Inc. · filed 1990-01-31

Where an appeal turns on questions of law, we will award attorney fees under I.C. § 12-121 if the law is well settled and the appellant has made no substantial showing that the district court misapplied the law.

Section 12-121 permits discretionary attorney fees for a frivolous appeal in a divorce action, but an appeal raising a fairly debatable legal issue does not warrant fees.

Klassert v. Wadley · filed 1990-03-02

Idaho Code § 12-121 applies to all civil actions. Where an appeal in a divorce action is brought frivolously and without foundation, an appellate court may award fees under that statute. ... The husband’s appeal to the district court was unavailing, but it was not frivolous, unreasonable or without foundation. His claim encompassed a fairly debatable issue as to whether freedom of contract allows the parties to bargain around the statutory prohibition against retroactive modification of child support payments. ... Accordingly, we conclude that the district judge abused his discretion in awarding attorney fees to the wife under I.C. § 12-121.

Section 12-121 does not warrant attorney fees on appeal when the appeal presents genuine legal issues and produces a mixed result.

Adams County Abstract Co. v. Fisk · filed 1990-03-28

Because this appeal has presented genuine issues of law for review, and has produced a mixed result, we decline to award costs or to award attorney fees under I.C. § 12-121.

Section 12-121 does not permit attorney fees against a party who raises a genuine and fairly debatable issue.

Clements Farms, Inc. v. Ben Fish & Son · filed 1990-12-18

Attorney fee awards under I.C. § 12-121 are improper where the nonprevailing party has presented a "genuine and fairly debatable" issue.

Section 12-121 does not support an attorney fee award against a party whose claim rests on a good faith argument to extend or modify unsettled Idaho law.

Hanf v. Syringa Realty, Inc. · filed 1991-08-06

We cannot say that plaintiffs’ legal argument (based on Wyoming case law) was so plainly fallacious as to be deemed frivolous, or that their case was not supported by a good faith argument for the extension or modification of the law in Idaho, whether under I.C. §§ 12-121 or 12-123. Accordingly, the trial court’s award of attorney fees to Syringa under either I.C. § 12-123 or I.C. § 12-121 and I.R.C.P. 54(e)(1), was not appropriate given the legal issues involved in this case.

Section 12-121 permits appellate attorney fees when an appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation; fees are denied when a good-faith appeal presents a genuine issue of law.

Edwards v. Edwards · filed 1992-10-01

A request for attorney fees under section 12-121 will not be granted on appeal where the losing party brought the appeal in good faith and where a genuine issue of law was presented. However, attorney fees will be awarded when this Court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably, or without foundation.

Section 12-121 does not permit attorney fees when the defense presents legitimate, triable issues, because the total defense is then not frivolous.

Smith Ex Rel. Smith v. Angell · filed 1992-03-26

In this case, as in Payne, Magic Valley Radiology, and Turner, the question of Smith's negligence, and amount of the Smiths' damages were clearly legitimate, triable issues. Thus, the "total defense" was not frivolously pursued, and the trial court erred in awarding attorney fees pursuant to I.C. § 12-121 and I.R.C.P. 54(e)(1).

Section 12-121 does not authorize attorney fees when an action raises fairly debatable issues and therefore is not frivolous or without foundation.

Sun Valley Hot Springs Ranch, Inc. v. Kelsey · filed 1998-07-23

The questions raised in this case involving whether a release of an interest in real property necessarily includes all appurtenant rights to the property or whether equitable estoppel should apply are fairly debatable issues. Accordingly, this action cannot be considered frivolous and without foundation. The district court did not abuse its discretion in denying Kelsey and SVLM’s request for attorney fees under I.C. § 12-121.

Section 12-121 does not allow attorney fees on appeal when the losing party raises genuine issues of law in good faith.

Mitchell v. Zilog, Inc. · filed 1994-04-18

Where the losing party raises genuine issues of law and brings the appeal in good faith, attorney fees are not available under I.C. § 12-121. Mitchell’s appeal raises a genuine issue of law. We therefore decline Zilog’s request for attorney fees.

Section 12-121 does not support an award of attorney fees on appeal when the appeal raises legitimate issues and was not pursued without foundation.

Higuera v. Hiestand · filed 1996-06-19

Dr. Hiestand has requested an award of attorney fees on appeal pursuant to I.C. § 12-121. There is not a great deal of case law interpreting the provisions of the Uniform Jury Selection and Service Act (I.C. §§ 2-201 to -221), and Higuera has raised legitimate issues relating to the constitutionality of that statute in this appeal. For this reason, we conclude that the appeal was not pursued without foundation and Dr. Hie-stand’s request for attorney fees is, accordingly, denied.

Appellate attorney fees under § 12-121 are inappropriate when an appeal presents genuine issues of law for review.

Keyser v. Garner · filed 1998-03-24

However, such an award is not appropriate where an appeal presents a genuine issue of law for review. ... The procedural stance of this ease is somewhat unique and the appeal has presented several legal questions that had not been previously addressed by the Idaho appellate courts. We therefore will not award attorneys fees under I.C. § 12-121.

Section 12-121 does not allow attorney fees on appeal when the appellant raises legitimate issues about the proper interpretation of Idaho law.

Leslie Sparks, an Individual, and Crazy Bob's Cut Rate, an Idaho Corporation v. Transamerica Insurance Company, a Califo · filed 1998-04-06

We deny Transamerica's request for attorney fees on appeal pursuant to Idaho Code § 12-121 (1997) because we conclude that Sparks asserted legitimate issues regarding the proper interpretation of Idaho law.

Section 12-121 permits attorney fees on appeal only when the appeal was pursued frivolously, unreasonably, and without foundation; a reasonable challenge to an unsettled legal theory does not qualify.

Walker v. Hollinger · filed 1998-11-27

Attorney fees on appeal are appropriate under I.C. § 12-121 only if this Court is left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably, and without foundation. ... This theory has not been expressly adopted by this Court and is reasonably in dispute. It was not unreasonable to challenge the Restatement theory on appeal, despite this Court's determination that the undisputed facts lead to the same conclusion under established Idaho law. The Walkers are not entitled to an award of attorney fees on appeal under I.C. § 12-121.

Section 12-121 permits attorney fees on appeal when the appeal was brought, pursued or defended frivolously, unreasonably and without foundation; legitimate issues do not meet that standard.

Simper v. Farm Bureau Mutual Insurance · filed 1999-03-16

An award of attorney's fees is proper under Rule 54(e)(1) and I.C. § 12-121 if the Court is left with the "abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably and without foundation." Balderson v. Balderson, 127 Idaho 48, 54, 896 P.2d 956, 962, cert. denied, 516 U.S. 865, 116 S.Ct. 179, 133 L.Ed.2d 118 (1995) (citing Minich v. Gem State Developers, Inc., 99 Idaho 911, 918, 591 P.2d 1078, 1085 (1979)). Because Simper presented legitimate issues related to the insurer's duty in calculating premiums, we find that Simper's appeal was not frivolous and, therefore, we will not award attorney's fees on appeal to Farm Bureau.

Section 12-121 permits attorney fees on appeal only when the appeal was brought, pursued or defended frivolously, unreasonably or without foundation; a good-faith appeal presenting a genuine issue of law does not warrant fees.

Schilling v. Allstate Insurance · filed 1999-05-19

This Court will not award attorney fees under this section "where the losing party brought the appeal in good faith and where a genuine issue of law was presented. In normal circumstances, attorney fees will only be awarded when this court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation." Minich v. Gem State Developers, Inc., 99 Idaho 911, 918, 591 P.2d 1078, 1085 (1979). Applying these standards to this appeal, we decline to award attorney fees to respondent under I.C. § 12-121.

Section 12-121 does not allow attorney fees on appeal when the appellant raises legitimate issues and does not pursue the appeal frivolously, unreasonably, or without foundation.

Perry v. Magic Valley Regional Medical Center · filed 2000-02-28

The Hospital brought some legitimate issues before this Court and did not pursue the appeal “frivolously, unreasonably, or without foundation.” I.C. § 12-121. Therefore, this Court declines to award attorney fees on appeal to Perry.

Section 12-121 does not permit an appellate attorney fee award when an appeal has a sufficient foundation in novel legal arguments, even if it predominantly raises factual issues.

Weaver v. Stafford · filed 2000-07-14

Although Stafford predominantly raises factual issues upon which, at best, there was disputed evidence before the district court, he does raise some novel arguments concerning the meaning and use of the term monument for purposes of interpreting a deed and concerning color of title as an affirmative defense to trespass. Stafford’s appeal, therefore, does not lack foundation and we decline to award Weaver attorney fees on appeal pursuant to I.C. § 12-121.

Section 12-121 permits attorney fees on appeal only when the appeal is frivolous, unreasonable, and without foundation; an unsettled legal issue does not meet that standard.

Stanley v. McDaniel · filed 2000-08-01

Attorney fees and costs on appeal are appropriate under I.C. § 12-121,1.R.C.P. 54(e)(1), and I.A.R. 41, only if this Court is left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably, and without foundation.

Section 12-121 does not allow attorney fees on appeal when the appeal raises unsettled legal issues and is not unreasonable or without foundation.

Landis v. DeLaRosa · filed 2002-06-12

The DeLaRosas argue that the Landises’ appeal is unreasonable and without foundation and, consequently, attorney fees are proper under I.C. § 12-121. However, the appeal is not unreasonable and not without foundation. The Landises have presented issues of law which this Court has not addressed before the definition of “parent” under I.C. § 15-1-201(32) and the interpretation of I.C. § 15-5-202.

Section 12-121 does not permit attorney fees for an appeal that presents a genuine issue of law, even if the appellant loses.

Stephens v. Stephens · filed 2002-12-18

An award under I.C. § 12-121 may not be made where the appeal presents a genuine issue of law for review.

Section 12-121 does not permit an award of appellate attorney fees when an appeal raises legitimate, triable factual issues and a legitimate question about applying the law to those facts.

Jenkins v. Jenkins · filed 2003-01-30

There were legitimate, triable issues of fact, and a legitimate question as to the relationship of those facts to the law. An appeal on the application of the law to the facts in this case was not unreasonable or frivolous. Attorney fees are not awarded to respondents.

Section 12-121 does not support an award of appellate attorney’s fees when an unsettled legal issue makes the appeal nonfrivolous.

Suits v. Idaho Board of Professional Discipline · filed 2003-02-10

The Board requests an award for attorney’s fees and costs pursuant to I.A.R. 11.1 and I.C. § 12-121. Because the issue regarding the authority of the Board to appoint a hearing officer to oversee disciplinary proceedings was not settled at the time Dr. Suits brought this appeal, we conclude that this was not a frivolous appeal. Accordingly, attorney’s fees are not awarded to either side.

Section 12-121 does not authorize attorney fees on appeal when at least one issue raises an unsettled question of Idaho law and the appeal is therefore not frivolous, unreasonable, or without foundation.

Cox v. Cox · filed 2003-06-03

This Court denies Cathy’s claim for attorney fees under I.C. § 12-121 because at least one of the issues raised on appeal is not well-settled law in Idaho.

Section 12-121 does not warrant attorney fees on appeal when the appellant raises a legitimate issue of contract interpretation.

Lamprecht v. JORDAN, LLC · filed 2003-08-13

In cases, such as this, where the appellant raises a legitimate issue concerning contract interpretation, an award of attorney fees under I.C. § 12-121 is not warranted.

Section 12-121 does not authorize attorney fees on appeal when the appeal presents a legitimate issue for resolution and is not frivolous or unreasonable.

D & M Country Estates Homeowners Ass'n v. Romriell · filed 2002-11-25

Because the Romriells’ arguments raised with respect to interpreting the restrictive covenants at least present a legitimate issue for the Court’s resolution, they are not frivolous or unreasonable on appeal.. The request for fees is, therefore, denied.

Section 12-121 does not permit an award of attorney fees when the case involves a novel legal question.

Campbell v. Kildew · filed 2005-06-17

Where a case involves a novel legal question, attorney fees should not be granted under I.C. § 12-121.

Section 12-121 does not support attorney fees against a party who prevails in full on appeal, because that appeal was not pursued frivolously, unreasonably, or without foundation.

Salazar v. Salazar · filed 2024-12-19

Under Idaho Code section 12-121, a “judge may award reasonable attorney[]s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. ... Husband’s appeal was not pursued frivolously, unreasonably, or without foundation since he has prevailed in full.

Section 12-121 permits attorney fees on appeal only when the appeal is frivolous, unreasonable, or without foundation.

Levra v. National Union Fire Insurance · filed 1979-02-21

Under the authority of I.C. § 12-121 and Minich v. Gem State Developers, 99 Idaho 911, 591 P.2d 1078 (1979), this court finds no evidence whatever to suggest that the appeal was brought frivolously, unreasonably or without foundation. The application for attorney fees on appeal is therefore denied.

Section 12-121 permits an award of appellate attorney fees against an opposing party only when that party maintained the defense frivolously, unreasonably or without foundation.

Matter of Estate of Bowman · filed 1980-04-17

If the estate itself, as apart from the personal representative of the estate, is to be entitled to an award of attorney fees against the respondent, it would be necessary for the estate to establish that the defense by respondent to this appeal was being maintained frivolously, unreasonably or without foundation. I.C. § 12-121; I.R.C.P. 54(e)(1, 2 and 3); I.A.R. 40; Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979). The record would not sustain such a finding.

Section 12-121 permits attorney fees for an appeal in a probate proceeding only when the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Matter of Estate of Eliasen · filed 1983-06-23

I.C. § 12-121, in effect at the time this action was filed, specifically provides for attorney's fees to the prevailing party at the discretion of the trial court. Since the district court sat in an appellate capacity, the award of attorney's fees is to be governed by the standards set forth in Minich v. Gem State Developers, 99 Idaho 911, 591 P.2d 1078 (1979), holding that in normal circumstances, attorney's fees will only be awarded when the court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation. That rule is applicable to probate proceedings.

Section 12-121 permits discretionary appellate attorney fees in an appeal solely over a trial court fee award if the appeal is brought or defended frivolously, unreasonably or without foundation.

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

If such an appeal' is brought or defended frivolously, unreasonably or without foundation, an award of additional fees may be made under § 12-121.

Section 12-121 allows attorney fees on appeal when an appeal is brought, pursued, or defended frivolously, unreasonably, or without foundation; an appeal is not treated as such based in part on a review standard announced after the appeal was taken.

Verbillis v. Dependable Appliance Co. · filed 1984-10-16

The consumers have requested that attorney fees be awarded in this appeal, under I.C. § 12-121. This statute, as all practitioners know, has been interpreted to allow attorney fees on appeal when the appeal has been “brought, pursued or defended frivolously, unreasonably or without foundation.” ... That decision had not been issued when the instant appeal was taken. Therefore, we decline to characterize the appeal as frivolous, unreasonable or without foundation.

Section 12-121 permits attorney fees on appeal only when the appeal is brought, pursued or defended frivolously, unreasonably or without foundation.

Miller Const. v. STRESSTEK, DIV, LR YEGGE · filed 1985-03-22

Finally, Miller requests attorney fees under I.C. § 12-121. Such an award can only be made where an appeal is brought, pursued or defended frivolously, unreasonably or without foundation.

Section 12-121 permits appellate attorney fees only upon a finding that the appeal was pursued or defended frivolously, unreasonably or without foundation.

Amlin v. Hamilton · filed 1985-04-04

It is well established that an appellate court cannot award attorney fees on appeal under I.C. § 12-121 absent a finding that the appeal was pursued or defended frivolously, unreasonably or without foundation.

Section 12-121 permits attorney fees on appeal only if the appeal was brought or defended frivolously, unreasonably or without foundation.

Beall Pipe & Tank Corp. v. Tumac Intermountain, Inc. · filed 1985-04-30

An award may be made under I.C. § 12-121, but only if the appeal was brought or defended frivolously, unreasonably or without foundation. None of those criteria is satisfied here.

Section 12-121 permits attorney fees on appeal if the appeal is pursued or defended frivolously, unreasonably or without foundation.

LaGrand Steel Products Co. v. A.S.C. Constructors, Inc. · filed 1985-05-31

Of course, attorney fees may be awarded under I.C. § 12-121 if an appeal is pursued or defended frivolously, unreasonably or without foundation.

Section 12-121 permits attorney fees on appeal only when the court believes the appeal was brought or pursued frivolously, unreasonably or without foundation.

Rudy-Mai Farms v. Peterson · filed 1985-09-05

An award under this statute will not be made unless we are left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably or without foundation.

Section 12-121 permits an award of attorney fees on appeal if the court is persuaded that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.

Bodine v. Bodine · filed 1988-05-03

Under I.C. § 12-121 this Court may award attorney fees on appeal if we are persuaded that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation. Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979). We are not persuaded that this is true in the case at bar.

Section 12-121 permits attorney fees on appeal only when the appeal was brought or pursued frivolously, unreasonably, or without foundation.

Treasure Valley Plumbing & Heating, Inc. v. Earth Resources Co. · filed 1988-12-09

An award could be made under I.C. § 12-121, ... but only if we found that Earth Resource’s appeal was brought or pursued “frivolously, unreasonably or without foundation.” ... We do not so find. Accordingly, the request for attorney fees on appeal must be denied.

Section 12-121 permits attorney fees only if the trial court finds that a claim was brought or defended frivolously, unreasonably or without foundation.

Jerry J. Joseph C.L.U. Insurance Associates, Inc. v. Vaught · filed 1990-03-21

Consequently, the scope of our remand is limited to I.C. § 12-121. Under I.R.C.P. 54(e)(1), an award of attorney fees under this statute may be made only if the trial court finds that a claim was brought or defended frivolously, unreasonably or without foundation.

Section 12-121 allows attorney fees on appeal only if the appeal was brought, pursued, or defended frivolously, unreasonably or without foundation.

Davison's Air Service, Inc. v. Montierth · filed 1990-07-09

Finally, the farmer has asked for attorney fees on appeal pursuant to I.C. § 12-121. We will award attorney fees under this statute only if an appeal is brought, pursued, or defended frivolously, unreasonably or without foundation. ... We believe this appeal presented fairly debatable questions. The request for attorney fees is therefore denied.

Section 12-121 permits attorney fees on appeal when the appeal is frivolous, unreasonable, and without foundation.

Atkinson v. Atkinson · filed 1993-07-01

She also has requested an award of attorney fees under I.C. § 12-121. As we noted, the evidence in the record supports the order requiring Leon to pay $150 per month in child support. The decision already has been affirmed by the district court. This appeal is little more than an invitation to second guess the trial court. We are left with an abiding belief that Leon’s continued appeal of such an exceptionally modest child support order is frivolous, unreasonable, and without foundation. We, therefore, award attorney fees to the respondent in an amount to be determined under I.A.R. 41.

Section 12-121 permits attorney fees on appeal only when the court believes the appeal was brought or defended frivolously, unreasonably or without foundation.

Ellibee v. Ellibee · filed 1992-02-11

In order to grant such an award, this Court must be left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably or without foundation.

Section 12-121 gives the court discretion to award attorney fees on appeal, generally only when the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Curtis v. Canyon Highway District No. 4 · filed 1992-04-22

Since the statutory power is discretionary, attorney fees will not be awarded as a matter of right. Nor will attorney fees be awarded where the losing party brought the appeal in good faith and where a genuine issue of law was presented. In normal circumstances, attorney fees will only be awarded when this Court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation. Minich v. Gem State Dev., Inc., 99 Idaho 911, 918, 591 P.2d 1078, 1085 (1979). Applying this rule to this case, we decline to award attorney fees on appeal to respondent.

Section 12-121 requires an appeal to be brought frivolously or without foundation before attorney fees may be awarded under it.

Haag v. Pollack · filed 1992-08-10

The Haags request attorney fees on appeal based on I.C. § 12-121 and under the terms of the Haag-Pollack contract. We do not find that the appeal was brought frivolously or without foundation as required under § 12-121, therefore we decline to award fees based on that standard.

Section 12-121 permits attorney fees on appeal only when the appeal is entirely frivolous, unreasonable or without foundation.

McCandless v. Carpenter · filed 1993-03-02

To justify an award of fees under this section we must find that the appeal was entirely frivolous, unreasonable or without foundation.

Section 12-121 permits attorney fees for an appeal pursued frivolously and without foundation.

Flahiff Funeral Chapels, Inc. v. Roll · filed 1994-01-28

In this case, the district court determined that the appeal was pursued frivolously and without foundation. In view of the finality of the original 1985 judgment, there was no merit to Roll’s contention that the renewed judgment was in error. We cannot say that the district court abused its discretion in awarding attorney fees on the interim appeal. We affirm the district court’s order granting fees to Flahiff pursuant to I.C. § 12-121.

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

City of Lava Hot Springs v. Campbell · filed 1994-01-06

Left with the abiding belief that the appeal ... was brought, pursued and defended frivolously, unreasonably and without foundation, we award costs and attorney fees on appeal to the City pursuant to I.C. § 12-121 and I.A.R. 40 and 41.

Section 12-121 permits an award of attorney fees on appeal when the appellant presents no persuasive argument that the trial court misapplied the law and fails to address controlling precedent.

Olson v. Idaho State University · filed 1994-01-27

ISU has requested an award of fees under I.C. § 12-121, urging that Olson’s appeal comes within the standard outlined in Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979). Our conclusion upon review of the record is that Olson has presented no persuasive argument that the trial court misapplied the law and, in particular, made no attempt to explain or apply Loebeck, which is the current status of the law in Idaho with respect to nonrenewal of contracts of nontenured faculty employees. We award fees to ISU.

Section 12-121 permits discretionary attorney fees on appeal when the opposing response is frivolous or without basis in law or fact.

Rohr v. Rohr · filed 1994-04-01

In the absence of any other identified ground for her claim, we assume that she requests a discretionary award of fees under I.C. § 12-121 and I.R.C.P. 54(e)(1). After reviewing the record we are not left with the abiding belief that William’s response to this appeal has been frivolous or without basis in law or fact. Therefore, we decline to award attorney fees on appeal.

Section 12-121 permits attorney fees on appeal when the reviewing court has an abiding belief that the appeal was pursued frivolously, unreasonably or without foundation.

Olsen v. Frank · filed 1994-04-19

This does not, however, exclude the possibility of an award of attorney fees under I.C. § 12-121 if the reviewing court is left with the abiding belief that the appeal has been pursued frivolously, unreasonably or without foundation. ... Based on the facts of this case, however, we are not left with such a belief and decline to award attorney fees to either side on appeal.

Section 12-121 applies to civil litigation regardless of the parties’ identities, but under I.R.C.P. 54 it reaches only parties who pursue or defend an action frivolously, maliciously, or without foundation.

Idaho Department of Law Enforcement Ex Rel. Cade v. Real Property Located Within Kootenai County · filed 1994-05-13

Section 12-121 is intended to address any civil litigation, regardless of the identity of the parties, and pursuant to our limitation set forth in I.R.C.P. 54, is directed only at parties who pursue or defend an action frivolously, maliciously or without foundation.

Section 12-121 does not warrant attorney fees on appeal when the losing party’s arguments are not so unsound or unreasonable.

Student Loan Fund of Idaho, Inc. v. Payette County · filed 1994-06-01

We do not find the Fund’s arguments to be so unsound or unreasonable as to warrant an award of attorney fees pursuant to I.C. § 12-121.

Section 12-121 does not warrant appellate attorney fees for successfully defending a cross-appeal that was not unreasonable or wholly without foundation.

Toews v. Funk · filed 1994-06-07

However, we decline to say that the Toews’ cross-appeal attempting to overturn the district court’s decision in favor of the Schelskes was unreasonable or wholly without foundation. Accordingly, we decline to award attorney fees on appeal under I.C. § 12-121 to the Schelskes.

Section 12-121 permits appellate attorney fees only when the reviewing court has an abiding belief that the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Bouten Construction Co. v. M & L Land Co. · filed 1994-07-13

An award under I.C. § 12-121 will be made only if the reviewing court is left with the abiding belief that the appeal has been brought, pursued or defended frivolously, unreasonably or without foundation.

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

Dunnick v. Elder · filed 1994-10-12

Elder seeks attorney fees on appeal pursuant to I.C. § 12-121. This section, as limited by I.R.C.P. 54(e)(1), allows for an award of attorney fees when an action has been “brought, pursued or defended frivolously, unreasonably or without foundation.” I.R.C.P. 54(e)(1). ... However, we conclude that the appeal in this case was not brought unreasonably and without foundation.

Section 12-121 permits attorney fees on appeal, subject to Rule 54(e)(1), when an appeal is brought, pursued or defended frivolously, unreasonably or without foundation.

Dunham v. Dunham · filed 1994-11-29

This section, as limited by I.R.C.P. 54(e)(1), allows for an award of attorney fees when an action has been "brought, pursued or defended frivolously, unreasonably or without foundation." I.R.C.P. 54(e)(1). This section and rule are a proper basis for awarding fees on appeal. Troche v. Gier, 118 Idaho 740, 742, 800 P.2d 136, 138 (Ct.App.1990). However, we conclude that the appeal in this case was not brought unreasonably and without foundation.

Section 12-121 permits an award of attorney fees on appeal when the appeal is brought frivolously or without foundation.

Valley Bank v. Stecklein · filed 1994-12-05

The Idaho Rules of Civil Procedure provide that, unless provided by statute or contract, attorney fees “may be awarded by the court only when it finds, from the facts presented to it, that the case was brought, pursued or defended frivolously, unreasonably or without foundation[.]” I.R.C.P. 54(e)(1); I.C. § 12-121. ... This Court finds that the Steckleins’ appeal was brought frivolously and without foundation. ... Valley Bank’s petition for attorney fees is therefore granted.

Section 12-121 permits attorney fees on appeal when an appeal is frivolous, unreasonable, or without foundation; an appellant challenging a discretionary ruling must present a cogent challenge.

US Nat. Bank of Oregon v. Cox · filed 1995-02-15

Attorney fees on appeal are appropriate, pursuant to I.A.R. 41(a) and I.C. § 12-121, if the appellate court is “left with an abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation.” ... We hold that the Coxes have failed to present a cogent challenge to the district court’s exercise of discretion. Therefore, U.S. Bank is entitled to attorney fees on appeal.

Section 12-121 permits appellate attorney fees when the court believes an appeal was brought or defended frivolously, unreasonably, or without foundation.

Ernst v. Hemenway and Moser Co., Inc. · filed 1995-04-06

An award of fees on appeal may be granted pursuant to I.A.R. 41(a) and I.C. § 12-121. Such an award is appropriate when this Court is left with an abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation.

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

B & K Fabricators, Inc. ex rel. Brown v. Sutton · filed 1995-04-06

Sutton requests attorney fees on appeal pursuant to I.C. § 12-121. We will award attorney fees under that statute only when we are “left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.” Minich v. Gem State Developers, Inc., 99 Idaho 911, 918, 591 P.2d 1078, 1085 (1979). Applying this standard, we decline to award attorney fees on appeal.

Section 12-121 does not support an award of attorney fees on appeal when the court lacks an abiding belief that the appeal was brought or pursued frivolously.

Sutheimer v. Stoltenberg · filed 1995-06-01

The Sutheimers have requested attorney fees on appeal pursuant to I.C. § 12-121. However, because we are not left with the abiding belief that the appeal was brought or pursued frivolously, we decline to award attorney fees.

Section 12-121 permits attorney fees on appeal when an appeal is pursued frivolously and without foundation.

Chicoine v. Bignall · filed 1995-06-30

The mere fact that an arbitrator’s interpretation of a prior ease is unsatisfactory to a party is not, of itself, a valid basis for appeal. Accordingly, we hold that this appeal was pursued frivolously and without foundation and award fees on appeal to Bignall.

A party’s prevailing status on appeal does not by itself warrant attorney fees under Idaho Code § 12-121.

Crown v. Hawkins Co., Ltd. · filed 1996-01-02

Although the respondent is the prevailing party, we conclude that such an award would be inappropriate under Section 12-121.

Section 12-121 permits attorney fees on appeal when an appeal is frivolous and without foundation, including when it repeats an issue already decided and offers little or no supporting argument.

Branson v. Higginson · filed 1996-02-20

Miracle requests an award of attorney fees pursuant to I.C. § 12-121 based on the fact that this appeal was pursued frivolously and without foundation. In light of our prior decision in Branson I and the fact that the Bransons provide little or no argument in support of their position on appeal, we agree. Thus, we award attorney fees on appeal to Miracle pursuant to I.C. § 12-121, but decline the State’s request for an award of attorney fees as a sanction under Rule 11.

Section 12-121 allows attorney fees on appeal when the court has an abiding belief that the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Jahnke v. Mesa Equipment, Inc. · filed 1996-05-14

Because we are not left with' the abiding belief that the appeal was brought, pursued or defender frivolously, unreasonably or without foundation, we also decline to award fees under I.C. § 12-121.

Section 12-121 permits attorney fees on appeal when the court has an abiding belief that the appeal was brought frivolously, unreasonably, and without foundation.

Hawks v. EPI Products USA, Inc. · filed 1996-09-19

Because this Court is not left with the abiding belief that this appeal was brought frivolously, unreasonably, and without foundation, no attorney fees are awarded. I.A.R. 41; I.C. § 12-121; Kelly v. Silverwood Estates, 127 Idaho 624, 630-31, 903 P.2d 1321, 1327-28 (1995).

Section 12-121 does not allow appellate attorney fees when the appeal has a reasonable basis in fact or law.

Moser v. Coca-Cola Northwest Bottling Co. · filed 1997-01-23

Because this Court concludes that Moser’s appeal was not frivolous or without any reasonable basis in fact or law, Clearwater’s request for attorney fees pursuant to I.C. § 12-121 is denied.

Section 12-121 permits an appellate court to decline attorney fees when it is not left with an abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.

Totman v. Eastern Idaho Technical College · filed 1997-02-03

Because we are not left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation, ... we decline to award attorney fees to EITC under I.C. § 12-121.

Section 12-121 allows attorney fees on appeal when the court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.

Evans v. Griswold · filed 1997-04-07

Dr. Griswold argues that he is entitled to attorneys fees pursuant to I.C. § 12-121. We decline to award fees in this case as we are not “left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.”

A prevailing respondent may be denied appellate attorney fees requested under Idaho Code § 12-121.

The Highlands, Inc. v. Hosac · filed 1997-04-24

Whether The Highlands, Inc. is entitled to recover its attorney fees on appeal pursuant to I.C. § 12-121. ... No attorney fees on appeal.

Section 12-121 permits appellate attorney fees when an appeal is pursued frivolously, unreasonably, or without foundation, but a genuine legal issue makes an award inappropriate.

Gneiting v. Idaho Asphalt Supply, Inc. · filed 1997-05-05

Attorney fees may be awarded to the prevailing party on appeal in a civil action when the appeal has been brought, pursued or defended frivolously, unreasonably or without foundation. I.C. § 12-121; I.R.C.P. 54(e)(1); IAR. 41. However, such an award is not appropriate where an appeal presents a genuine issue of law for review. ... Therefore, we do not find the appeal unreasonable or frivolous, and Idaho Asphalt is not entitled to attorney fees.

Section 12-121 permits attorney’s fees on appeal only when the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Sammis v. Magnetek, Inc. · filed 1997-06-05

We decline, however, to award attorney’s fees under I.C. § 12-121. Such an award is proper “only where the Court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.”

Section 12-121 permits attorney fees on appeal when the appeal is brought and pursued frivolously, unreasonably, and without foundation.

Anson v. Les Bois Race Track, Inc. · filed 1997-06-09

Respondents argue that Anson’s appeal was brought and pursued frivolously, unreasonably, and without foundation. We agree and award respondents attorney fees and costs on appeal pursuant to I.C. § 12-121, I.R.C.P. 54(e)(1), and I.AR. 41.

Section 12-121 does not warrant appellate attorney fees when the court lacks an abiding belief that the appeal was brought frivolously, unreasonably, or without foundation.

Kolln v. Saint Luke's Regional Medical Center · filed 1997-07-09

Because we reversed the district court's decision certifying the judgment in favor of the Anesthesia Respondents as final, we are not left with the abiding belief that Kolln's appeal as to the Anesthesia Respondents was brought frivolously, unreasonably, or without foundation. Therefore, we decline to award attorney fees to the Anesthesia Respondents.

Section 12-121 does not warrant appellate attorney fees when an appeal presents valid issues, even if it does not succeed.

Lanham v. Idaho Power Co. · filed 1997-08-07

As IPC admits, the Lanhams’ argument regarding the jury instruction was a valid, if not a winning, one. On the whole, the Lanhams presented valid issues on appeal, and we decline to award to IPC attorney’s fees on appeal pursuant to I.C. § 12-121.

Section 12-121 does not allow attorney fees on appeal when the appellant raises genuine and substantive issues of law.

Keller v. Keller · filed 1997-11-18

Genuine and substantive issues of law are raised by Jeffrey on appeal and fees was not awardable pursuant to I.C. § 12-121.

Section 12-121 permits attorney fees on appeal when the court has an abiding belief that the appeal was brought frivolously, unreasonably, or without foundation.

Navarrete v. City of Caldwell · filed 1997-12-05

Alfaro requests attorney fees for his response to this appeal as provided for by I.A.R. 41(a) and I.C. § 12-121. Such an award is appropriate when we are left with an abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... Under these circumstances, Alfaro is entitled to an award of attorney fees on appeal.

Section 12-121 authorizes attorney fees in a civil action brought or defended frivolously, unreasonably or without foundation.

Snipes v. Schalo · filed 1997-12-17

Idaho Code Section 12-121, augmented by I.R.C.P. 54(e)(1), authorizes an award of attorney fees in a civil case brought or defended frivolously, unreasonably or without foundation.

Section 12-121 permits attorney fees on appeal when an appeal is pursued frivolously, unreasonably, and without foundation, limited to the period the fee recipient participated.

Tuttle v. Wayment Farms, Inc. · filed 1998-01-13

We award costs on appeal to Sudenga. Because we conclude that Tuttle brought and pursued his appeal against Sudenga frivolously, unreasonably, and without foundation, we award attorney fees on appeal to Sudenga pursuant to I.C. § 12-121, but only up to the time this Court granted review of the decision of the Court of Appeals because Sudenga has not participated in the proceedings since then before this Court.

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

Vaught v. Dairyland Insurance · filed 1998-03-10

Due to their failure to prevail on appeal, the Vaughts are not entitled to attorney fees under either I.C. § 41-1839 or I.C. § 12-121.

Section 12-121 permits attorney fees on appeal only when the appeal is brought frivolously, unreasonably and without foundation.

Hough v. Fry · filed 1998-03-19

Attorney fees will be awarded pursuant to I.C. § 12-121, however, only when an appeal is “brought frivolously, unreasonably and without foundation.”

Section 12-121 permits attorney fees on appeal when the appeal was brought, pursued or defended frivolously, unreasonably and without foundation; a reasonable defense does not qualify.

Price v. PAYETTE CTY. BD. OF CTY. COM'RS · filed 1998-05-08

An award of attorney's fees is proper under I.C. § 12-121 if the Court is left with the "abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably and without foundation." Balderson v. Balderson, 127 Idaho 48, 54, 896 P.2d 956, 962, cert. denied, 516 U.S. 865, 116 S.Ct. 179, 133 L.Ed.2d 118 (1995) (citing Minich v. Gem State Developers, Inc., 99 Idaho 911, 918, 591 P.2d 1078, 1085 (1979)). Because the Board's interpretation of the administrative record was reasonable, we find the Board's defense of the appeal was not frivolous and, therefore, we do not award attorney's fees on appeal to Price.

Section 12-121 permits attorney fees on appeal when the court believes the appeal was brought, pursued, or defended frivolously, unreasonably, and without foundation; a reasonable defense does not warrant fees.

Price v. Payette County Board of County Commissioners · filed 1998-05-08

An award of attorney’s fees is proper under I.C. § 12-121 if the Court is left with the “abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably and without foundation.” ... Because the Board’s interpretation of the administrative record was reasonable, we find the Board’s defense of the appeal was not frivolous and, therefore, we do not award attorney’s fees on appeal to Price.

Section 12-121 allows an award of attorney fees on appeal when the appeal was brought frivolously, unreasonably or without foundation.

Smith v. Smith · filed 1998-05-12

We also decline to award fees under I.C. § 12-121 because we do not deem the appeal to have been brought frivolously, unreasonably or without foundation.

Section 12-121 does not warrant appellate attorney fees when the appeal is not frivolous, unreasonable or without foundation.

Idaho State Tax Commission v. Beacom · filed 1998-06-25

The Commission has requested that we award attorney fees on appeal under I.C. § 12-121, I.R.C.P. 54(e)(1), and I.A.R. 41. However, because we do not find that this appeal was frivolous, unreasonable or without foundation, we make no grant of attorney fees.

Section 12-121 permits attorney fees on appeal when the appeal is frivolous, unreasonable, and without foundation.

Collins v. Jones · filed 1998-06-26

I.C. § 12-121 allows for an award of attorney fees on appeal. If an appeal is brought frivolously, unreasonably, and without foundation, attorney fees will be awarded.

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

Wilson v. Wilson · filed 1998-06-30

An award of attorney’s fees is proper under I.C. § 12-121 if the Court is left with the “abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably and without foundation.” ... Frosty failed to establish, and the record does not indicate, that William brought or pursued this appeal in an unreasonable or frivolous manner. Thus, we will not award Frosty attorney’s fees on appeal under I.C. § 12-121.

Section 12-121 does not support an award of attorney fees on appeal when the appeal was not pursued frivolously, unreasonably or without foundation.

Pines, Inc. v. Bossingham · filed 1998-07-30

Bossingham requests attorney fees under I.A.R. 41 and I.C. §§ 12-121, -123. We conclude that Pines did not pursue this appeal frivolously, unreasonably or without foundation. We therefore decline to award attorney fees to Bossingham.

Section 12-121 permits attorney fees on appeal when the appeal is frivolous, unreasonable or without foundation.

Pro Indiviso, Inc. v. Mid-Mile Holding Trust · filed 1998-08-28

The repeated filing of these motions, and the arguments in support on appeal, are frivolous and unreasonable and justify an award of fees under I.C. § 12-121.

Section 12-121 allows attorney fees on appeal when the appeal was brought or pursued frivolously, unreasonably or without foundation.

Danz v. Lockhart · filed 1998-11-06

Danz has requested an award of attorney fees on appeal pursuant to I.C. § 12-121 and I.A.R. 41. However, because we do not find that the appeal was brought or pursued frivolously, unreasonably or without foundation, we decline to award attorney fees.

Section 12-121 does not allow appellate attorney fees when the appeal was not defended frivolously, unreasonably or without foundation.

Andrea v. City of Coeur D'Alene · filed 1998-12-07

Andrea included in his brief a request for attorney’s fees on appeal pursuant to I.C. § 12-121 and Idaho Appellate Rule 41. We decline to award fees under this authority, however, because we conclude that the appeal was not defended frivolously, unreasonably or without foundation.

Section 12-121 does not support attorney fees on appeal when neither party pursued nor defended the appeal frivolously, unreasonably or without foundation.

McAffee v. McAffee · filed 1999-01-05

Both parties seek attorney fees on appeal under I.R.C.P. 54(e)(1) and I.C. § 12-121. We conclude that neither party pursued nor defended the appeal frivolously, unreasonably or without foundation.

Section 12-121 permits attorney fees on appeal when the court has an abiding belief that the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Damian v. Estate of Pina · filed 1999-02-23

The estate has requested an award of attorney fees on appeal pursuant to I.C. § 12-121 and Idaho Appellate Rule 41. Such an award is appropriate when the court is left “with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.” ... We think this standard for an award of fees is satisfied here.

Section 12-121 does not permit appellate attorney fees when the losing party’s arguments are sufficiently reasonable and have some foundation.

Baker v. Sullivan · filed 1999-03-16

Although ultimately unpersuasive, the Bakers’ arguments were sufficiently reasonable, with at least some foundation, so as to disallow an award of attorney fees under I.C. § 12-121.

Section 12-121 permits attorney fees on appeal when an appeal is brought, pursued or defended frivolously, unreasonably or without foundation; an unsuccessful but reasonable argument does not warrant fees.

Smith v. USAA Property & Casualty Insurance · filed 1999-03-16

We decline to award attorney fees to USAA on appeal. Although Smith’s argument before this Court regarding the district judge’s abuse of discretion in striking portions of the expert opinion and denying the motion to reconsider was not persuasive, it was not unreasonable or frivolous.

Section 12-121 permits attorney fees on appeal only when the appeal was pursued frivolously, unreasonably, or without foundation.

Karterman v. Jameson · filed 1999-05-07

In addition, because we do not find Karterman’s appeal to have been pursued frivolously, unreasonably, or without foundation, Jameson is not entitled to attorney fees on appeal pursuant to I.C. § 12-121.

Section 12-121 permits attorney fees on appeal only when the court believes the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.

Aberdeen-Springfield Canal Co. v. Peiper · filed 1999-05-26

An award of attorney’s fees under I.C. § 12-121 is proper “ ‘only where the Court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.’” Lanham v. Idaho Power Co., 130 Idaho 486, 500, 943 P.2d 912, 926 (1997) (quoting Thompson v. Pike, 125 Idaho 897, 901, 876 P.2d 595, 599 (1994)). Because we are not so persuaded we do not award attorney fees on appeal.

Section 12-121 permits attorney fees on appeal when the court is left with the abiding belief that the appeal was brought frivolously, unreasonably and without foundation.

Pena v. Minidoka County · filed 1999-07-28

Pena’s request for attorney fees on appeal under I.C. § 12-121 is denied in that this Court is not left with the abiding belief that the appeal was brought frivolously, unreasonably and without foundation.

Section 12-121 allows attorney fees on appeal only when the court has an abiding belief that the appeal was brought frivolously, unreasonably, or without foundation.

Turpen v. Granieri · filed 1999-08-02

Pecha requests attorney fees on appeal under I.C. § 12-121,1.R.C.P. 54(e)(1), and I.A.R. 41. Attorney fees are proper in these circumstances only if we are left with the abiding belief that the appeal was brought frivolously, unreasonably, or without foundation.

Section 12-121 permits attorney fees on appeal only when the appeal was brought or pursued frivolously, unreasonably, and without foundation.

Wooley Trust v. DeBest Plumbing, Inc. · filed 1999-08-03

Attorney fees on appeal are appropriate under I.C. § 12-121 only if this Court is left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably, and without foundation. See Anson v. Les Bois Race Track, Inc., 130 Idaho 303, 305, 939 P.2d 1382, 1384 (1997). Phillippi Plaza's appeal was not brought or pursued frivolously, unreasonably and without foundation. Therefore, DeBest's request for attorney fees on appeal is denied.

Section 12-121 permits an appellate attorney fee award when an appeal is frivolous, unreasonable or without foundation.

Fairfax v. Ramirez · filed 1999-08-09

Although attorney fees on appeal are not available pursuant to I.C. § 45-513, an award may be made under I.C. § 12-121 if the appeal was brought frivolously, unreasonably or without foundation.

Section 12-121 permits appellate attorney fees when an appeal is frivolous, unreasonable, or without foundation; fees are denied when the appeal raises serious issues.

Hanks v. Sawtelle Rentals, Inc. · filed 1999-08-23

The Hanks request attorney fees on appeal pursuant to I.A.R. 41 and Idaho Code § 12-121. Attorney fees are properly awarded under these provisions when a claimant brings an appeal frivolously, unreasonably, or without foundation. ... Williams and Sawtelle raised serious issues about whether the district judge properly characterized the relationship between Sawtelle and the Hanks and whether the waiver and release provision of the rental agreement should have barred Diane’s recovery. Consequently, we deny the Hanks’ request for fees.

Section 12-121 permits attorney fees on appeal when the appellant brings or pursues the appeal frivolously, unreasonably or without foundation.

Hutchinson v. State · filed 1999-12-06

In order to award attorney fees on appeal under I.C. § 12-121, we must conclude that Hutchinson brought or pursued his appeal frivolously, unreasonably or without foundation. We so conclude, and accordingly will award attorney fees on appeal to the Twin Falls defendants.

Section 12-121 permits appellate attorney fees only when the appeal was frivolous, unreasonable, and without foundation; the serious liberty interest in a parental termination case can make an appeal over conflicting evidence nonfrivolous.

Doe v. Roe · filed 1999-12-16

An award of attorney fees on appeal is proper under I.C. § 12-121 only if this Court is left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably, and without foundation. ... Generally, when an appeal simply disputes the trial court’s factual findings, which are supported by substantial although conflicting evidence, the appeal is considered frivolous and an award of attorney fees is proper under I.C. § 12-121. ... However, considering the seriousness of the liberty interest affected in parental termination cases, the appeal in this case to reexamine conflicting evidence is not frivolous.