Idaho Code § 12-121

Section 12-121 does not support an award of appellate attorney fees when neither party pursued or defended a frivolous claim on appeal.

Meyers v. Lott · filed 2000-01-06

Both parties request attorney fees on the basis that the suit was “brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. Neither party has pursued or defended a frivolous claim on appeal. Neither party is awarded attorney fees.

A request for appellate attorney fees under Section 12-121 fails when the court lacks an abiding belief that the appeal was brought or pursued frivolously, unreasonably or without foundation.

D.A.R., Inc. v. Sheffer · filed 2000-03-23

We also deny the Sheffers’ request for attorney fees on appeal pursuant to I.C. § 12-121 in that, under the circumstances, this Court is not left with abiding belief that the appeal was brought or pursued frivolously, unreasonably or without foundation.

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

Vanwassenhove v. Vanwassenhove · filed 2000-04-10

An award pursuant to I.C. § 12-121 is only appropriate if this Court is left with the abiding belief that the appeal has been brought frivolously and without foundation.

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

State Ex Rel. Industrial Commission v. Quick Transport, Inc. · filed 2000-04-28

The Commission argues it should be awarded attorney fees on appeal pursuant to I.A.R. 41 and I.C. § 12-121. Attorney fees are proper under these provisions “only when this court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.” ... Applying this standard to the facts of this case, we do not believe Quick’s arguments were frivolous, unreasonable or without foundation.

Section 12-121 permits attorney fees on appeal only when the court concludes that the appeal was brought frivolously and without foundation.

Perez v. Perez · filed 2000-07-06

An award pursuant to I.C. § 12-121 is appropriate only if this Court is left with the abiding belief that the appeal has been brought frivolously and without foundation. Chicoine v. Bignall, 127 Idaho 225, 228, 899 P.2d 438, 441(1995). After having thoroughly reviewed all the issues raised and the arguments presented, this Court cannot conclude that Vincent’s appeal was frivolous. Thus, we decline to award attorney fees to Leslie on appeal.

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

Kirkman v. Stoker · filed 2000-07-07

This Court may award attorney fees on appeal pursuant to I.A.R. 41 and I.C. § 12-121 if it finds the appeal was brought without foundation.

Section 12-121 permits an appellate court to award attorney fees in a civil action when it finds that the appeal was brought without foundation.

Stevens v. Stevens · filed 2000-12-15

This Court may award attorney fees on appeal pursuant to I.C. § 12-121 in a civil action where it finds the appeal was brought without foundation.

Section 12-121 permits attorney fees on appeal when an appeal is brought frivolously, unreasonably, or without foundation, including when the appellant offers no cogent challenge to the fee award it contests.

Post v. Idaho Farmway, Inc. · filed 2001-03-01

The Posts request attorney fees on appeal pursuant to I.C. § 12-121. An award of attorney fees under I.C. § 12-121 is appropriate where the appeal is brought “frivolously, unreasonably, or without foundation.” ... Since Farmway provided no cogent challenge to the award of fees to Posts below, we find this appeal to have been brought frivolously against Posts and award them fees on appeal.

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

Sanchez v. City of Caldwell · filed 2001-03-01

The City of Caldwell requests that it be awarded attorney fees pursuant to Idaho Appellate Rule 41 and Idaho Code § 12-121. Attorney fees are proper under these provisions “only when this court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.” ... Applying this standard to the facts of this case, we do not believe the arguments raised by Sanchez were frivolous, unreasonable or without foundation. We have never before faced this particular issue, and therefore we decline to award attorney fees to the City of Caldwell.

Section 12-121 allows attorney fees on appeal when an appeal is pursued frivolously, unreasonably, or without foundation; an appeal raising arguable issues does not meet that standard.

Brinkmeyer v. Brinkmeyer · filed 2001-04-02

Marc requests attorney fees under I.A.R. 41 pursuant to I.C. § 12-121, alleging Sue’s appeal is frivolous because her arguments are identical to those she raised to the magistrate and the district court. Attorney fees are awarded on appeal pursuant I.A.R. 41 where this Court determines the facts presented to it were “pursued or defended frivolously, unreasonably or without foundation.” I.C § 12-121. While she has not prevailed, Sue has raised arguable issues concerning the issuance of the 54(b) certificate, the granting of the divorce on shortened time, the enforcement of the discovery order and the filing of the valuation date. The appeal was not frivolous or unreasonable.

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

Stafford v. Weaver · filed 2001-05-17

In order for an award of attorney fees to be appropriate on appeal pursuant to I.C. § 12-121, this Court must be left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably, and without foundation.

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

Priest v. Landon · filed 2001-06-25

Landon requests attorney fees on appeal pursuant to Idaho Appellate Rule 41 and I.C. § 12-121. Attorney fees are justified under these provisions where the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.

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

Jemmett v. McDonald · filed 2001-08-07

We are not left with the abiding belief that the appeal was brought frivolously, unreasonably and without foundation, and we decline to grant Dolly Jemmett’s request for an award of fees on appeal. See Bowles v. Pro Indiviso, Inc., 132 Idaho 371, 973 P.2d 142 (1999); Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979); I.C. § 12-121.

Section 12-121 permits an award of attorney fees on appeal when the opposing party’s arguments are frivolous or unreasonable.

Albee v. Judy · filed 2001-08-20

The arguments of the City, denying water service despite their own clearly expressed policy and exception, are frivolous and unreasonable and justify an award of fees under I.C. § 12-121.

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

Bramwell v. South Rigby Canal Co. · filed 2001-11-28

An award of attorney’s fees is appropriate on appeal under § 12-121 when the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... We therefore award reasonable attorney’s fees, as well as costs, to South Rigby on appeal.

Section 12-121 does not warrant attorney fees on appeal when the appeal was not brought, pursued or defended frivolously, unreasonably or without foundation.

Van Brunt v. Stoddard · filed 2001-12-28

Van Brunt requests an award of attorney fees on appeal pursuant to I.C. § 12-121. However, we conclude that the appeal was not brought, pursued or defended frivolously, unreasonably or without foundation.

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

Clear Springs Foods, Inc. v. Clear Lakes Trout Co. · filed 2002-01-18

Respondent requests attorney fees on appeal pursuant to I.C. § 12-121. Having considered the arguments presented in this case, this Court is not 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 when the appeal lacks foundation in law and is unreasonable.

North Snake Ground Water District v. Gisler · filed 2002-01-18

NSGWD merely appealed, restated, and reargued the same issues. Its appeal lacks foundation in law, is unreasonable, and justifies an award of attorney fees under I.C. § 12-121.

Section 12-121 permits attorney fees on appeal, limited to fees incurred in defending the appeal.

Northwest Bec-Corp. v. Home Living Service · filed 2002-01-18

HLS and Hughes are entitled to attorney fees on appeal under I.C. § 12-121. However, the award of attorney fees is limited to those fees incurred in defending the appeal.

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

Herman Ex Rel. Herman v. Herman · filed 2002-01-18

Attorney fees on appeal pursuant to I.C. § 12-121 are appropriate in a civil action where this Court finds the appeal was brought, pursued or defended frivolously, unreasonably or without foundation. ... Matthew’s appeal was not brought frivolously or without foundation; therefore, no attorney fees are awarded.

Section 12-121 allows the appellate court to award attorney fees in its discretion when an appeal is frivolous, unreasonable, or without foundation.

Clark v. Raty · filed 2002-05-30

The Ratys request an award of attorney fees on appeal pursuant to I.C. § 12-121 and Idaho Appellate Rule 41(a). These provisions allow an award of attorney fees in the discretion of the appellate court if an appeal was brought frivolously, unreasonably or without foundation.

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

Wilkins v. Wilkins · filed 2002-06-03

The respondent seeks an award of attorney fees on appeal pursuant to I.C. § 12-121. Because Charlotte’s appeal was not brought or pursued frivolously, unreasonably, or without foundation, no attorney fees are awarded on appeal.

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

Carnell Ex Rel. Estate of Carnell v. Barker Management, Inc. · filed 2002-06-03

“An award of attorney fees under I.C. § 12-121 is appropriate where the appeal is ‘frivolous, unreasonable, or without foundation.’ ” ... This Court awards respondents Barker, Barker Realty, and the Smiths attorney fees on appeal pursuant to I.C. § 12-121.

Section 12-121 permits attorney fees on appeal when the appeal was brought, pursued or defended frivolously, unreasonably or without foundation, and the party requesting fees must demonstrate that basis.

Barnedt v. Wilder · filed 2002-06-04

Jewel requests an award of attorney fees pursuant to I.C. § 12-121 and I.A.R. 41. ... Attorney fees are justified under these provisions where the appeal was brought, pursued or defended frivolously, unreasonably or without foundation. ... We conclude that such a basis for an award has not been demonstrated by Jewel. Therefore, no attorney fees are awarded on appeal.

Section 12-121 permits attorney fees on appeal when the appeal was brought or defended frivolously, unreasonably, or without foundation; a favorable ruling by the original appeals examiner can make a later appeal reasonable.

Hughen v. Highland Estates · filed 2002-06-05

Generally, an award of attorney’s fees is appropriate on appeal under § 12-121 when the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... Because the original appeals examiner ruled in favor of Hughen, it was not frivolous, unreasonable, or without foundation for him to pursue this appeal. We therefore decline to award Highland attorney’s fees on appeal.

Section 12-121 permits attorney fees on appeal when the appeal has no foundation, including when the appellant offers no evidence of a required element of the claim.

Utter v. Gibbins · filed 2002-06-06

Utter requests an award of attorney fees in this appeal both as a prevailing party under I.C. § 12-120, since his claim for property damage is less than $25,000 and under I.C. § 12-121 because the appeal was brought and pursued frivolously, unreasonably and without foundation. We agree that there was no foundation for the appeal from the district court’s decision with respect to the Gibbins’ claim of title by adverse possession. There was an absence of any evidence to establish the required element of enclosure of the subject property.

Section 12-121 allows attorney fees on appeal when the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation; a bona fide appeal on a previously unresolved statutory issue does not warrant fees.

Win of Michigan, Inc. v. Yreka United, Inc. · filed 2002-06-07

The Borjessans have requested attorney fees on appeal under I.C. § 12-121. In normal circumstances, attorney 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. ... Because this was a bona fide appeal involving the interpretation of I.C. § 30-1-52, and because the statute had not been interpreted in the context of the issues raised in this appeal by any prior decision of this Court, we reject the request for an award of fees.

Section 12-121 permits attorney fees on appeal to prevailing parties when the appeal is without foundation.

Zollinger Ex Rel. Electrical & Communication Systems, Inc. v. Carrol · filed 2002-06-07

The respondents have requested an award of attorney fees on appeal under I.C. § 12-121, in the event that they are the prevailing parties, arguing that the appeal was brought frivolously, unreasonably, or without foundation. We agree that the appeal was without foundation because Zollinger was neither a promisee under any contract with the respondents, nor was he a third party beneficiary of the executory shareholder agreements between the respondents and ECSI. The respondents’ claim for fees therefore will be allowed.

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

Cox v. Clanton · filed 2002-07-02

An award of attorney fees under I.C. § 12-121 is proper only when the case was brought frivolously, unreasonably, or without foundation.

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

Thorn Springs Ranch, Inc. v. Smith · filed 2002-07-02

An award of attorney fees pursuant to I.C. § 12-121 is proper only when the case was brought frivolously, unreasonably, or without foundation. ... In the present case, this Court is not left with the abiding belief that this appeal was brought frivolously, unreasonably, or without foundation. Therefore, no attorney fees on appeal are awarded.

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

Hansen v. Herrera · filed 2002-07-02

Herrera requests costs and attorney fees on appeal pursuant to I.C. § 12-121. This Court will award attorney fees under that section only when an appeal is brought, pursued or defended frivolously, unreasonably, or without foundation. ... Because Hansen failed to do so and instead relied on the ongoing settlement negotiations to support his claim, we hold that Hansen’s appeal was frivolous, unreasonable, and without foundation. Accordingly, we award costs and attorney fees to Herrera.

Section 12-121 does not warrant attorney fees on appeal when an unsuccessful appeal raises valid legal questions and is not frivolous.

Loza v. Arroyo Dairy · filed 2002-08-09

Arroyo Dairy claims attorney fees on appeal on the basis that the appeal was frivolous. See I.C. § 12-121; I.R.C.P. 54(e)(1); Minich v. Gem State Developers, Inc., 99 Idaho 911, 918, 591 P.2d 1078, 1085 (1979). Arroyo argues that Idaho law regarding Rules 411 and 403 is well settled and further that Loza made no substantial showing that the trial court misapplied the law. We disagree and point to the valid questions posed by “intertwined admissions” cases under Rule 411. While Loza was unsuccessful, his appeal was not frivolous. Arroyo Dairy’s request for attorney fees is therefore denied.

Section 12-121 permits attorney fees on appeal when an appeal is frivolous, unreasonable, or without foundation; an unsuccessful appeal alone does not justify fees.

Adams v. Reed · filed 2002-08-09

Reed requests an award of attorney fees on appeal pursuant to I.C. § 12-121, under which attorney fees may be awarded if the appeal has been brought or defended frivolously, unreasonably or without foundation. ... Although the Adamses’ appeal has not been successful, we do not find it to be frivolous. Therefore, no attorney fees will be awarded.

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

Covington v. Jefferson County · filed 2002-08-16

Under Idaho Code § 12-121, attorney’s fees are awarded only those instances where a case “was brought, pursued or defended frivolously, unreasonably or without foundation.” I.R.C.P. 54(e)(1). ... Accordingly, we decline to award Jefferson County attorney’s fees.

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

Blaine County Title Associates v. One Hundred Building Corp. · filed 2002-09-13

In order for an award of attorney fees to be appropriate on appeal pursuant to Idaho Code § 12-121, this Court must be left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably, and without foundation. Wooley Trust v. DeBest Plumbing, Inc., 133 Idaho 180, 187, 983 P.2d 834, 841 (1999). We do not believe that to be the case here, and therefore decline to award fees to the Brokers on appeal.

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

Potlatch Grain & Seed v. Millers Mutual Fire Insurance · filed 2002-10-23

Millers requests an award of attorney fees on appeal pursuant to Idaho Code § 12-121. We conclude that the appeal was not brought or pursued frivolously, unreasonably, or without foundation, and therefore decline to award attorney fees.

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

Johnson v. Boundary School Dist. No. 101 · filed 2003-01-28

Attorney fees under I.C. § 12-121 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.

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.

Burns v. Baldwin · filed 2003-02-27

Attorney fees may be awarded pursuant to I.C. § 12-121 on appeal if this Court is left with an abiding belief that the appeal was brought, pursued 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 or unreasonably.

Pinehaven Planning Board v. Brooks · filed 2003-02-27

While both parties have requested attorney fees on appeal pursuant to Idaho Code § 12-121, neither party is entitled to fees, as this appeal was not brought, pursued or defended frivolously or unreasonably.

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.

Drennon v. Hales · filed 2003-03-24

The defendants have requested an award of attorney fees on appeal pursuant to I.C. § 12-121. Fees may be granted under that statute if the court is left “with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.” ... Because we conclude that this standard is satisfied here, attorney fees on appeal are awarded to the defendants.

Section 12-121 allows appellate attorney fees only when the court has an abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation; an appeal on which the appellant prevailed in part does not meet that standard.

Waters Garbage v. Shoshone County · filed 2003-04-10

Shoshone County requests an award of attorney fees on appeal pursuant to Idaho Code § 12-121. Attorney fees will be awarded under that statute only when this Court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation. ... Where Waters Garbage prevailed in part on the appeal, it was not brought or pursued frivolously, unreasonably, or without foundation. Therefore, we will not award attorney fees to Shoshone County on appeal.

Appellate attorney fees under § 12-121 are denied when the Minich standard is not met.

Student Loan Fund of Idaho, Inc. v. DesFosses · filed 2003-05-23

We award no attorney fees on the appeal pursuant to I.C. § 12-121 in that the standard expressed in Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979), has not been met.

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

Nampa & Meridian Irrigation District v. Mussell · filed 2003-06-18

Both the Mussells and the District request an award of attorney fees on appeal pursuant to Idaho Code § 12-121. Attorney fees can be awarded on appeal under that statute only if the appeal was brought or defended frivolously, unreasonably, or without foundation. ... Neither the appeal nor the cross-appeal was brought or defended frivolously, unreasonably, or without foundation. Therefore, we will not award attorney fees on appeal.

Section 12-121 does not authorize attorney fees on appeal when the appeal raises important issues and is not brought or defended frivolously or without foundation.

Hodgins v. Sales · filed 2003-08-27

On appeal, both parties claim attorney’s fees pursuant to I.C. § 12-121. Neither are entitled to fees because this appeal raised important issues and was not brought or defended frivolously or without foundation.

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

Beale v. State, Department of Labor · filed 2003-10-29

The Department requests attorney fees under Idaho Code § 12-121. Attorney fees can be awarded on appeal under that statute only if the appeal was brought or defended frivolously, unreasonably, or without foundation.

Section 12-121 permits attorney fees on appeal when an appeal is brought or defended frivolously, unreasonably, or without foundation; fees are denied when neither party meets that standard.

Pike v. Pike · filed 2003-11-10

Neither party brought or defended an appeal frivolously, unreasonably, or without foundation. Therefore, the Court denies attorney fees to both parties pursuant to I.C. § 12-121 and I.A.R. 41.

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

Twin Falls County v. Coates · filed 2003-11-20

Both Twin Falls County and the Evanses request attorney fees on appeal pursuant to Idaho Code § 12-121. They can be awarded attorney fees on appeal under that statute only if the Coatses’s appeal was brought frivolously, unreasonably, or without foundation.

Section 12-121 permits attorney fees on appeal only when the appeal is frivolous, unreasonable, or without foundation; fees are unavailable when the issues are fairly debatable.

Black v. Ameritel Inns, Inc. · filed 2003-11-25

The Respondent seeks attorney fees on appeal based on I.C. § 12-121. This Court "will award attorney fees under this statute only if an appeal is brought, pursued, or defended frivolously, unreasonably or without foundation." Davison's Air Serv. Inc., v. Montierth, 119 Idaho 991, 993, 812 P.2d 298, 300 (Ct.App.1990). No attorney fees are awarded if there are fairly debatable questions. See id. In this case, the Appellants are raising issues of first impression to this Court. Furthermore, there is no consensus as to how other courts have treated these issues, so the arguments presented by the Appellants are reasonable and not frivolous. Therefore, no attorney fees are awarded.

Section 12-121 permits appellate attorney fees when an appeal merely asks the appellate court to re-evaluate evidence, presents no substantial legal argument, and is frivolous.

Sprinkler Irrigation Co., Inc. v. JOHN DEERE INS. COMPANY, INC. · filed 2004-02-11

Sprinkler has asked this Court to re-evaluate the evidence or second-guess the trial court’s findings. Sprinkler has presented no substantial legal argument. The Court finds this was a frivolous appeal. ... The Court awards attorney fees and costs to John Deere under I.C. § 12-121, and as a sanction against attorney Smith pursuant to I.A.R. 11.1.

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

BHA Investments, Inc. v. City of Boise · filed 2004-02-18

The City requests an award of attorney fees under Idaho Code § 12-121. For it to be awarded fees, we must find that BHA brought or pursued this appeal frivolously, unreasonably, or without foundation. We so find.

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

Bailey v. Sanford · filed 2004-02-25

The Baileys request attorney fees on appeal pursuant to I.C. § 12-121 and I.A.R. 41. We do not believe Sanford brought a frivolous or unreasonable appeal without foundation. Therefore, this Court denies the Baileys’ request for fees.

Section 12-121 permits an award of attorney fees for defending a frivolous appeal.

Merrill v. Gibson · filed 2004-02-27

As a result, the Merrills are entitled to attorney fees for defending Gibson’s frivolous appeal under I.C. § 12-121.

Section 12-121 permits an award of attorney fees on appeal when the appeal is frivolous or unreasonable.

Roark v. Bentley · filed 2004-02-27

Finally, this Court awards Roark attorney fees under I.C. § 12-121 for defending against the Bentleys’ frivolous and unreasonable appeal and costs on appeal.

Section 12-121 does not authorize appellate attorney fees when the appeal raises significant issues and was not brought frivolously, unreasonably or without foundation.

Franklin Building Supply Co. v. Sumpter · filed 2004-03-04

Significant issues were raised on appeal concerning the interpretation of I.C. § 45-507 and the relevant case law, therefore the appeal does not appear to have been brought frivolously, unreasonably or without foundation. Attorney fees are not awarded pursuant to I.C. § 12-121.

Section 12-121 permits a discretionary attorney fee award only when the case was brought, pursued, or defended frivolously, unreasonably, or without foundation; prevailing alone is insufficient.

McGrew v. McGrew · filed 2003-12-23

An award of attorney fees under Idaho Code § 12-121 is not a matter of right to the prevailing party, but is appropriate only when the court, in its discretion, is left with the abiding belief that the case was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Section 12-121 does not warrant attorney fees on appeal when the appellant’s argument is unpersuasive but not frivolous.

McFadden v. Sein · filed 2004-03-25

Athough this argument is not persuasive in light of relevant easement law and the wording of the easement agreement, it is not frivolous. Accordingly, the McFaddens are not entitled to attorney fees on appeal.

Section 12-121 permits attorney fees on appeal against a party who litigated frivolously, unreasonably, or without foundation, but does not support fees for a reasonably founded challenge raising questions of first impression.

SE/Z Construction, L.L.C. v. Idaho State University · filed 2004-04-12

The Respondents have prevailed in this matter; therefore, levying attorney fees against SE/Z would be appropriate if SE/Z acted without a "reasonable basis in fact or law" pursuant to I.C. § 12-117 or "frivolously, unreasonably, or without foundation" for purposes of I.C. § 12-121. ... The facts, however, gave rise to questions of first impression regarding application of Idaho's competitive bidding law. Therefore, the challenge SE/Z brought was reasonably founded in fact and law and was not brought frivolously, unreasonably or without foundation and we deny the respondents' requests for attorney fees.

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

Lovelass v. Sword · filed 2004-04-28

Such an award is appropriate when this Court has the abiding belief that the appeal was brought or defended frivously, unreasonably or without foundation. ... The appeal was not defended “frivolously, unreasonably or without foundation.” Therefore, the Lovelasses are not entitled to attorney fees and costs on appeal.

Section 12-121 permits attorney fees on appeal when the appeal is unreasonable or without foundation, and the appellate court makes that determination independently of an earlier denial of fees.

Sword v. Sweet · filed 2004-05-05

The estate of Joyce Sweet requests attorney fees on appeal pursuant to Idaho Code § 12-121 and Rule 54(e)(1), I.R.C.P. on the basis that the appeal to this Court is unreasonable and without foundation. ... This appeal is unreasonable. ... The estate of Joyce Sweet is entitled to attorney fees on appeal.

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

Nelson v. Anderson Lumber Co. · filed 2004-05-24

Under I.C. 12-121, an award of attorney fees may be granted 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.

Section 12-121 permits reasonable attorney fees to prevailing parties for defending a frivolous appeal.

Ackerman v. Bonneville County · filed 2004-06-03

Consequently, Judge Hollerieh, the City and the County are entitled to reasonable attorney fees under I.C. § 12-121 for defending a frivolous appeal.

Section 12-121 permits reasonable attorney fees to a prevailing party, but neither side receives appellate fees when each prevails only as respondent and loses its own appeal.

Boll v. State Farm Mutual Automobile Insurance · filed 2004-06-15

“In any civil action, the judge may award reasonable attorney fees to the prevailing party.” I.C. § 12-121. ... Because this Court affirms the district court, both parties prevailed in part as the respondent to the other party’s appeal but did not prevail in their respective appeal in chief. Therefore, neither party is awarded attorney fees.

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

Karlson v. Harris · filed 2004-07-01

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 an award of appellate attorney fees when an appeal is unreasonable.

Vendelin v. Costco Wholesale Corp. · filed 2004-07-01

Accordingly, Costco’s appeal was unreasonable, and Vendelin is entitled to recover attorney fees pursuant to I.C. § 12-121.

Section 12-121 permits attorney fees on appeal when the appeal is frivolous, unreasonable, or without foundation; an unsuccessful appeal does not by itself warrant fees.

Vaughn v. Porter · filed 2004-07-01

Porter requests an award of attorney fees on appeal pursuant to I.C. § 12-121, which authorizes such an award where an appeal was brought, pursued or defended frivolously, unreasonably, or without foundation. ... We conclude, however, that the appeal, though unsuccessful, is not frivolous or unreasonable, and we therefore decline to grant attorney fees.

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

Anderson v. Goodliffe · filed 2004-07-12

Therefore, neither party is entitled to attorney fees on appeal under I.C. § 12-121 because the appeal was not 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.

KEB Enterprises, L.P. v. Smedley · filed 2004-09-30

KEB seeks an award of attorney fees on appeal pursuant to Idaho Code § 12-121. Attorney fees can be awarded on appeal under that statute only if the appeal was brought or defended frivolously, unreasonably, or without foundation.

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

Dire v. Dire-Blodgett · filed 2004-10-28

Blodgett seeks an award of attorney fees on appeal pursuant to Idaho Code § 12-121. Attorney fees can be awarded on appeal under that statute only if the appeal was brought or defended frivolously, unreasonably, or without foundation. ... Blodgett is entitled to an award of attorney fees under that statute. The statutes are clear and Dire did not present any reasoned argument to the contrary.

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

Stanley v. Lennox Industries, Inc. · filed 2004-11-05

Lennox seeks an award of attorney fees on appeal pursuant to Idaho Code § 12-121. Because it has not prevailed on the appeal, it cannot recover attorney fees under that statute.

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

Nepanuseno v. Hansen · filed 2004-11-23

Hansen has requested an award of attorney fees on appeal pursuant to Idaho Code § 12-121. Attorney fees may be granted under that statute only if this Court is left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably, and without foundation. ... Therefore, we award attorney fees against Nepanuseno.

Section 12-121 does not support an award of attorney fees on appeal when the opposing party’s arguments are not frivolous or unreasonable.

HD DUNN & SON LP v. Teton County · filed 2004-11-30

Dunn and Century request attorney fees incurred on appeal pursuant to Idaho Code § 12-121. Because Cook and Sorensen’s arguments are not frivolous or unreasonable, the request for attorney fees on appeal is denied.

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.

Heritage Excavation, Inc. v. Briscoe · filed 2005-01-05

Because this Court is not left with an abiding belief that Heritage’s appeal was brought frivolously, unreasonably, or without foundation, we decline the Ellises’ request for attorney fees under I.C. § 12-121 and I.A.R. 41.

Section 12-121 permits attorney fees on appeal to a prevailing party when the appeal is frivolous, unreasonable, or without foundation, but the court may decline fees for arguments made in good faith to extend or modify Idaho law.

Gibson v. Bennett · filed 2005-01-11

Under I.C. § 12-121 and I.A.R. 41, an award of attorney fees may be granted 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. ... Legal arguments that are supported by a good faith argument for the extension or modification of the law in Idaho are not so plainly fallacious to be deemed frivolous. ... Although we were not persuaded by Gibson’s arguments, applying the standard enunciated for I.C. § 12-121, we decline to award attorney fees in this ease.

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

West Wood Investments, Inc. v. Acord · filed 2005-01-28

Idaho Code § 12-121 allows for an award of attorney fees only if an appeal is brought, pursued, or defended frivolously, unreasonably or without foundation. ... The factual posture of this case is complex and no Idaho case law is clearly on point, given the intertwined role of APP as both prior owner-developer and mortgagee of the property. We conclude that neither appeal was brought frivolously.

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

Clear Lakes Trout Co., Inc. v. Clear Springs Foods, Inc. · filed 2005-01-28

Idaho Code § 12-121 provides that a judge may award attorney fees to the prevailing party. Such an award is appropriate when the appeal was brought frivolously, unreasonably or without foundation. ... Therefore, even if this Court found the defense of res judicata appropriate, the defense is not “blatantly apparent.” We deny Springs’ request for attorney fees on appeal.

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

Hartman v. United Heritage Property & Casualty Co. · filed 2005-02-18

United Heritage requests attorney fees on appeal under Idaho Code § 12-121. Under that statute, attorney fees will be awarded to the prevailing party when this Court is left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably or without foundation.

Section 12-121 does not support an award of appellate attorney fees when the appeal was not frivolous, unreasonable or without foundation.

Miller v. Estate of Prater · filed 2005-02-22

Miller requests attorney fees pursuant to I.A.R. 41 and I.C. § 12-121. ... It was not frivolous, unreasonable or without foundation to appeal the issue of damages as evidenced by the fact that the Estate prevailed on that issue. This Court denies Miller’s request for attorney fees on appeal.

Section 12-121 does not support an attorney fee award on appeal merely because the appeal was unsuccessful when it was not frivolous or unreasonable.

Venters v. Sorrento Delaware, Inc. · filed 2005-02-23

Montierth also requests attorney fees and costs on appeal, citing Idaho Appellate Rules 40 and 41, and I.C. § 12-121. ... The Court finds that the Venters appeal, while unsuccessful, was not frivolous or unreasonable and there is no basis for an award of fees in this matter.

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

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

An award of attorney fees is appropriate on appeal under I.C. § 12-121 when the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... Because this appeal was not frivolous, unreasonable or without foundation, the request for attorney fees on appeal is denied.

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

Fisk v. Royal Caribbean Cruises, Ltd. · filed 2005-03-04

A prevailing party will be awarded attorney fees on appeal under Idaho Code § 12-121 “when this Court has the abiding belief that the appeal was brought or defended frivolously, unreasonably or without foundation.” ... Fisk was not the prevailing party on appeal, and therefore no award of attorney fees to Fisk is warranted.

Section 12-121 does not warrant appellate attorney fees when the district court incorrectly applied the law.

Schaffer v. Curtis-Perrin · filed 2005-03-25

However, we have determined that the district court did not correctly apply the law and, therefore, attorney fees on appeal are inappropriate.

Section 12-121 does not support an award of attorney fees on appeal when the appeal raises legitimate issues.

Reding v. Reding · filed 2005-03-28

Cathy also requests attorney fees pursuant to I.C. § 12-121, contending that this appeal was taken frivolously, unreasonably and without foundation. We find there were legitimate issues raised with respect to the collection action and the accounting action and decline to award fees on appeal.

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

Lettunich v. Lettunich · filed 2005-03-29

Under I.C. § 12-121, we may award attorney fees to the prevailing party only if we are 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 only when the appeal was brought or pursued frivolously, unreasonably, or without foundation.

Vanvooren v. Astin · filed 2005-03-30

This Court may award attorney fees to the prevailing party only if we are left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably, or without foundation.

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

National Union Fire Ins. Co. of Pittsburgh v. Dixon · filed 2005-05-05

Attorney fees are not awarded to National Union pursuant to I.C. § 12-121 because the appeal was not brought or defended 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 or defended frivolously, unreasonably, or without foundation.

Armand v. OPPORTUNITY MANAGEMENT CO., INC. · filed 2005-06-17

Opportunity argues it is entitled to attorney fees on appeal pursuant to I.C. § 12-121. Attorney fees on appeal are appropriate under I.C. § 12-121 when this Court is “left with an abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation.” Durrant v. Christensen, 117 Idaho 70, 74, 785 P.2d 634, 638 (1990). Given the result of this appeal, Opportunity is not entitled to an award of attorney fees on appeal.

Section 12-121 permits attorney fees on appeal when an appeal is pursued frivolously, unreasonably or without foundation, but not when a party makes a good faith argument to extend existing law.

Certain Underwriters at Lloyds v. Wolleson · filed 2005-06-20

Lloyds claimed attorney fees under I.C. § 12-121. Attorney fees will be awarded under I.C. § 12-121 where "this Court is left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably or without foundation." Hartman v. United Heritage Property & Cas. Co., 141 Idaho 193, 200, 108 P.3d 340, 347 (2005). This Court will not award attorney fees under I.C. § 12-121 where a party has made a good faith argument for the extension of existing law. Id. There is no evidence in the record indicating that Wolleson unreasonably pursued this appeal. Therefore, Lloyds is not entitled to its attorney fees on appeal.

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

Andersen v. Professional Escrow Services, Inc. · filed 2005-06-21

“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.” ... The Andersens’ arguments on appeal are without foundation. The Andersens failed to argue that the alternative grounds for granting the summary judgment were in error. ... Respondents are awarded attorney fees and costs.

Section 12-121 does not authorize attorney fees on appeal when the case was not brought frivolously or without foundation.

Gallagher v. State · filed 2005-06-24

We will not award attorney fees pursuant to I.C. §§ 12-117 or 12-121, as this case was not brought frivolously or without foundation.

Section 12-121 permits prevailing-party attorney fees when an action is brought, pursued, or defended frivolously, unreasonably, or without foundation; unconvincing arguments alone do not warrant fees.

Dominguez v. Evergreen Resources, Inc. · filed 2005-07-21

Dominguez requests attorney fees on appeal pursuant to I.C. § 12-121 and I.R.C.P. 54(e). 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. ... The Employer’s arguments, although unconvincing, are not frivolous. Accordingly, no attorney fees are awarded to Dominguez.

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

Smith v. U.S.R v. Properties, LC · filed 2005-07-22

The Smiths request attorney fees on appeal pursuant to Idaho Code § 12-121. An award of attorney fees on appeal is proper only where this Court is left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably, and without foundation.

Section 12-121 permits attorney fees to a prevailing party on appeal when the appeal is brought, pursued or defended frivolously, unreasonably or without foundation; an appeal raising a genuine issue of law does not warrant fees.

Rake v. Rake · filed 2005-11-02

Kathryn also claims attorney fees under I.C. § 12-121 and I.R.C.P. 54(e)(1), which authorize an award of attorney fees to the prevailing party on appeal when the appeal has been brought, pursued or defended frivolously, unreasonably or without foundation. ... Such an award is not appropriate where an appeal presents a genuine issue of law for review. ... This appeal raised genuine issues concerning the application of I.A.R. 11(a)(7) and its interplay with I.R.C.P. 60(c). Therefore, no attorney fees will be granted.

Section 12-121 does not support attorney fees on appeal when the losing party presented arguments with some merit rather than pursuing a frivolous, unreasonable, or unfounded appeal.

Farmers Insurance Exchange v. Tucker · filed 2005-11-23

Tucker and Hoctor claim an entitlement to attorney fees under I.C. § 12-121, contending that FIE's appeal was brought frivolously, unreasonably, or without foundation. They cite Durrant v. Christensen, 117 Idaho 70, 74, 785 P.2d 634, 638 (1990) for the proposition that an award of fees on appeal is appropriate "when we are left with an abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation." However, this Court is not left with the abiding feeling that FIE acted in such a fashion. While it did not prevail on appeal, its arguments were well presented and it cannot be said that they were without some merit.

Section 12-121 does not permit appellate attorney fees for a petition for review that raises an issue of first impression and was not pursued frivolously, unreasonably, or without foundation.

Neibaur v. Neibaur · filed 2005-12-02

Steve requests attorney fees and costs incurred in defending the Petition for Review pursuant to I.C. § 12-121, I.R.C.P. 54(e)(1), and I.A.R. 41. The applicability of the concept of piercing the corporate veil in order to classify corporation assets as community property when the corporation is the alter ego of one spouse is an issue of first impression. Penny defended a position accepted by the magistrate and district courts. She did not pursue the Petition for Review frivolously, unreasonably, or without foundation. No attorney fees are allowed.

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

Callaghan v. Callaghan · filed 2005-11-01

Attorney fees can be awarded on appeal under § 12-121 only if the appeal was brought or defended frivolously, unreasonably, or without foundation.

Section 12-121 allows a court to deny attorney fees when the losing party’s legal position was erroneous but not frivolous, unreasonable or without foundation.

Tolley v. Thi Co. · filed 2004-05-05

Although it ruled that Marsha’s positions were erroneous as a matter of law, her arguments were not so fallacious as to be frivolous, unreasonable or without foundation. The district court did not abuse its discretion in refusing to award attorney fees to THI under I.C. § 12-121.

Section 12-121 permits reasonable attorney fees for a prevailing party when the action was brought frivolously, unreasonably, or without foundation; good faith arguments supported by case law do not warrant fees.

Estate of Shaw v. DAUPHIN GRAPHIC MACHINES, INC. · filed 2005-08-02

Judges may award reasonable attorney’s fees to prevailing parties. Idaho Code § 12-121. The Idaho Supreme Court, however, has limited the award of such fees to cases in which action is brought “frivolously, unreasonably, or without foundation.” ... For these reasons, attorney’s fees are not appropriate in this matter.

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

Merrill v. Gibson · filed 2005-12-09

An award of attorney fees under I.C. § 12-121 and I.A.R. 41 is appropriate if the appellate court concludes that the appeal was brought frivolously, unreasonably, or without foundation in law or fact.

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

Luce v. Marble · filed 2005-12-30

An award under this statute is appropriate if the Court is left with the abiding belief that the appeal was brought or defended frivolously, unreasonably or without foundation. ... Since this Court finds that Luce neither brought or defended the appeal and cross appeal frivolously, unreasonably, or without foundation, this Court declines to award attorney’s fees to Marble.

Section 12-121 permits appellate attorney fees for a prevailing party when a case was brought, pursued, or defended frivolously, unreasonably, or without foundation; unsuccessful but reasonable arguments do not qualify.

Newberry v. Martens · filed 2005-12-30

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. ... Dr. Martens’ arguments, while unpersuasive, raised issues concerning proximate cause that were not frivolous, unreasonable, or without foundation. We therefore decline to award attorney fees in this case.

Section 12-121 does not allow appellate attorney fees where an appeal involving a significant parental interest was not brought frivolously or unreasonably.

CASI Foundation, Inc. v. Doe · filed 2006-01-24

On appeal, CASI seeks attorney’s fees and costs pursuant to I.C. § 12-117, I.C. § 12-121, I.R.C.P. 41 and I.R.C.P. 54(e)(1). CASI argues that this appeal simply invites the appellate court to second-guess the trial court and that attorney’s fees on appeal are appropriate if the appeal has been brought frivolously, unreasonably, or without foundation. Because of the significant parental interest involved in this case, this Court finds that the appeal was not brought frivolously or unreasonably and therefore CASI’s request for attorney’s fees on appeal is denied.

Section 12-121 does not support appellate attorney fees solely because an appeal fails when the appellant makes a good faith argument grounded in relevant authority.

Gibson v. Ada County · filed 2006-02-09

Although Gibson is unsuccessful in her appeal, it does not appear that she pursued this appeal frivolously, unreasonably or without foundation. She made a good faith argument based on relevant authority that the statute of limitations was tolled. An award of attorney fees to Ada County under I.C. § 12-121 is not appropriate.

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

Hogg v. Wolske · filed 2006-02-22

Respondents seek an award of attorney fees on appeal pursuant to Idaho Code § 12-121. They can be awarded attorney fees under that statute only if the appeal was brought frivolously, unreasonably, or without foundation.

Section 12-121 permits appellate attorney fees for a prevailing party when the appeal was pursued frivolously, unreasonably, or without foundation; a cogent challenge supported by legitimate arguments does not qualify.

Contreras v. Rubley · filed 2006-02-23

Idaho Code § 12-121 allows an appellate court to award attorney fees to the prevailing party when the 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). While Baeza Martinez prevailed on this appeal, Rubley did present a cogent challenge to the district court's reading of Rule 37(c) and presented legitimate arguments questioning the district court's conclusion Rubley's denial of respondents' requests to admit was unreasonable. The appeal of the Rule 37(c) award cannot be said to be frivolous and, therefore, Baeza Martinez is not entitled to attorney fees on appeal.

Section 12-121 allows appellate attorney fees when an appeal was pursued frivolously, unreasonably, or without foundation.

Beach Lateral Water Users Ass'n v. Harrison · filed 2006-02-28

Arguing that Harrison’s appeal is frivolous, and citing again to I.C. § 12-121, the Association requests an award of attorney fees on appeal. Harrison’s appeal was not pursued frivolously, unreasonably, or without foundation; we therefore decline to award attorney fees to the Association.

Section 12-121 does not support an award of attorney fees on appeal when the unsuccessful appellant made a good faith argument.

State, Department of Health & Welfare v. Hart · filed 2006-03-22

Jacob asserts this appeal was brought frivolously, unreasonably, or without foundation and requests attorney fees on appeal pursuant to I.C. § 12-121 and I.A.R. 41. While Heather did not prevail, she has made a good faith argument challenging the change of custody without further hearing upon Mariah’s entry into kindergarten.

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

Alderson v. Bonner · filed 2006-04-05

Attorney fees are awardable to a prevailing party under this section only when 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 court believes the appeal was brought or defended frivolously, unreasonably or without foundation.

Schneider v. Howe · filed 2006-04-11

An award under I.C. § 12-121 is appropriate if the Court is left with the abiding belief that the appeal was brought or defended frivolously, unreasonably or without foundation.

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

Fenn v. Noah · filed 2006-04-11

This Court may award attorney’s fees under Idaho Code § 12-121 “if the Court finds that the ease was brought, pursued or defended frivolously, unreasonably or without foundation.” ... Here, Fenn pursued his appeal frivolously, unreasonably and without foundation. Therefore, we award the Noahs attorney’s fees on appeal.

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

Lockheed Martin Corp. v. Idaho State Tax Commission · filed 2006-04-21

It also seeks an award of attorney fees under Idaho Code § 12-121. Under that statute, attorney fees will be awarded to the prevailing party when this Court is left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably or without foundation. ... We do not find that the Tax Commission’s appeal was so lacking in merit that Lockheed is entitled to an award of attorney fees under either statute.

Section 12-121 does not warrant attorney fees on appeal when the court is not left with an abiding belief that the appeal is frivolous.

Schwan's Sales Enterprises, Inc. v. Idaho Transportation Department · filed 2006-04-25

Schwan’s seeks attorney fees on appeal under I.C. § 12-121, contending the appeal is frivolous. We are not left with the abiding belief that the appeal is frivolous.

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

Tungsten Holdings, Inc. v. Drake · filed 2006-06-08

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. ... The Court finds Tungsten’s defense on appeal was not frivolous, and we therefore decline to grant attorney fees to Boone.

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

Turner v. Cold Springs Canyon Ltd. · filed 2006-08-01

Under I.C. 12-121, attorney fees are appropriate if the appeal was brought frivolously, unreasonably, or without foundation. ... Consequently, Cold Springs brought this appeal frivolously, unreasonably, and without foundation.

Section 12-121 does not authorize attorney fees on appeal when the appeal is neither frivolous nor unreasonable.

Horner v. Sani-Top, Inc. · filed 2006-08-08

The Horners request attorney fees pursuant to I.C. § 12-121, alleging it was unreasonable for Sani-Top to argue there was insufficient evidence to support the jury’s damage awards. Because we find this appeal was neither frivolous nor unreasonable, we deny the Horner’s request for attorney fees.

Section 12-121 permits attorney fees on appeal when the appeal was brought or defended frivolously, unreasonably, or without foundation; an appeal addressing an unresolved statutory question is not frivolous on that basis.

Lewis v. STATE, DEPT. OF TRANSP. · filed 2006-08-17

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. ... Considering Lewis’s exercise of his religious beliefs, and the lack of guidance on the application of I.C. § 73-402, we cannot conclude Lewis’s appeal is frivolous. Accordingly, no attorney fees are awarded.

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

Foster v. Kootenai Medical Center · filed 2006-10-12

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. ... Accordingly, we conclude that Foster did not pursue this appeal frivolously, unreasonably, or absent foundation and decline to award attorney fees.

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

Cowan v. Board of Com'rs of Fremont County · filed 2006-11-29

This appeal was not brought frivolously, unreasonably or without foundation; therefore we refrain from awarding the Board attorney’s fees under I.C. § 12-121.

Section 12-121 does not support attorney fees on appeal when the opposing party has not brought or defended the appeal frivolously, unreasonably or without foundation.

Webb v. Webb · filed 2006-11-29

Moreover, even if we were to read Christopher’s request for attorney’s fees as being brought pursuant to I.C. § 12-121, we would refrain from awarding him attorney’s fees because Cheri has not brought nor defended this appeal frivolously, unreasonably or without foundation.

Section 12-121 does not support attorney fees on appeal when the losing party makes a good faith argument on an issue previously unaddressed under Idaho law.

Western Corporation v. Vanek · filed 2006-12-13

Western requests an award of attorney fees on appeal pursuant to I.C. § 12-121 on the ground that Vanek’s pursuit of this appeal is frivolous and without foundation. We decline that request. Vanek advanced an argument previously unaddressed under Idaho law and made a good faith argument in support. While he did not prevail, his appeal cannot be characterized as frivolous.

Section 12-121 permits a prevailing party to recover attorney fees in a civil action when the case was brought, pursued, or defended frivolously, unreasonably, or without foundation, but unsuccessful arguments that are not frivolous do not warrant fees.

Goodman v. Lothrop · filed 2007-01-04

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. ... The Appellants’ arguments, although unconvincing, are not frivolous. Accordingly, we decline to award attorney fees to Goodman.

Section 12-121 does not support an award of attorney fees on appeal when the matter is remanded for further action.

In Re Quesnell Dairy · filed 2007-01-26

Jerome County and Quesnell also seek attorney's fees, alleging Halper's appeal is without reasonable basis in law pursuant to I.C. § 12-121. This Court will not award fees on appeal as the matter is being remanded back for further action.

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

Capstar Radio Operating Co. v. Lawrence · filed 2007-01-26

Both parties requested attorney fees on appeal pursuant to I.C. § 12-121. We will award attorney fees if the appeal "was brought or defended frivolously, unreasonably, or without foundation." Callaghan v. Callaghan, 142 Idaho 185, 191, 125 P.3d 1061, 1067 (2005). Neither party acted frivolously in this appeal so we decline to award fees.

Section 12-121 does not warrant attorney fees on appeal when the opposing party did not pursue the appeal frivolously, unreasonably, and without foundation.

Fuhriman v. State · filed 2007-02-05

We also decline to award the State attorney's fees under I.C. § 12-121. That statute allows an award of "reasonable attorney's fees to the prevailing party. . . ." We do not agree with the State that Appellants have pursued this appeal frivolously, unreasonably, and without foundation. Therefore, we deny the State's request for an award of attorney's fees.

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

Estate of Collins v. Geist · filed 2007-02-21

The Respondents request an award of attorney fees on appeal pursuant to Idaho Code § 12-121. Attorney fees can be awarded on appeal under this statute only if the appeal was brought or defended frivolously, unreasonably, or without foundation.

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

Mannos v. Moss · filed 2007-02-22

Mannos and the Lawrences additionally request attorney fees pursuant to Idaho Code § 12-121. ... In this case, the parties’ requests for fees are denied because no grounds exist for finding that any party acted frivolously or unreasonably in this matter.

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

Ticor Title Co. v. Stanion · filed 2007-03-21

Stanion argues that he is entitled to an award of attorney fees on appeal under I.C. § 12-121. That statute allows an award of “reasonable attorney’s fees to the prevailing party. . . .” I.C. § 12-121. Attorney fees are awarded to the prevailing party only if “the Court determines that the action was brought or pursued frivolously, unreasonably or without foundation.” Baker v. Sullivan, 132 Idaho 746, 751, 979 P.2d 619, 624 (1999). Ticor has not pursued this action frivolously or without foundation. Whether or not a title company involved in a bankruptcy proceeding, but not as a pre-petition creditor, is a party to the proceeding for purposes of claim preclusion is an issue of first impression. Thus, we decline to award Stanion attorney fees.

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

Jim and Rose Rouse v. Household Finance Corporation · filed 2007-03-29

HFC requests attorney fees pursuant to I.C. § 12-121. Under that section, we may award attorney’s fees to the prevailing party “if the Court finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” Gallagher v. State, 141 Idaho 665, 669, 115 P.3d 756, 760 (2005). The Rouses did not bring or pursue this appeal frivolously, unreasonably or without foundation. Therefore, we decline to award attorney fees.

Section 12-121 allows attorney fees on appeal only when the action was brought or pursued frivolously, unreasonably, or without foundation; an appeal raising an issue of first impression did not warrant fees.

Stout v. Key Training Corp. · filed 2007-04-11

Key Training argues it is entitled to attorney fees on appeal pursuant to I.C. § 12-121. ... Whether I.C. § 67-5908(3) allows an award of attorney fees to a successful plaintiff is an issue of first impression for this Court. Thus, we hold Key Training is not entitled to attorney fees on appeal.

Section 12-121 does not allow a party that did not prevail to recover attorney fees on appeal, and a prevailing party is not entitled to fees when the opposing party did not litigate frivolously or unreasonably.

McDaniel v. Inland Northwest Renal Care Group-Idaho, LLC · filed 2007-04-27

The McDaniels have not prevailed and therefore are not entitled to an award. The defendants are not entitled to an award because the McDaniels did not act frivolously or unreasonably in this matter.

Section 12-121 does not allow an award of appellate attorney fees to a prevailing party when the opposing party did not act frivolously or unreasonably.

McDaniel v. INLAND NORTHWEST RENAL CARE · filed 2007-04-27

The defendants are not entitled to an award because the McDaniels did not act frivolously or unreasonably in this matter.

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

Kiebert v. Goss · filed 2007-05-01

Attorney fees can be awarded on appeal under I.C. § 12-121 only if the appeal was brought or defended frivolously, unreasonably, or without foundation.

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

Travis and Cynthia Kiebert v. Earlyn and Violet Quirin · filed 2007-05-01

Attorney fees can be awarded on appeal under I.C. § 12-121 only if the appeal was brought or defended frivolously, unreasonably, or without foundation. ... The appeal was brought frivolously, unreasonably, or without foundation.

Section 12-121 does not permit an award of attorney fees on appeal when the opposing party did not act frivolously or unreasonably.

Cristo Viene Pentecostal Church v. Paz · filed 2007-05-24

Paz seeks attorney fees under Idaho Code § 12-121, alleging that the action was brought frivolously. Paz is not entitled to an award because the plaintiffs did not act frivolously or unreasonably in this matter.

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

Fenwick v. Idaho Department of Lands · filed 2007-05-29

Attorney fees can be awarded on appeal under that statute only if the appeal was brought or defended frivolously, unreasonably, or without foundation. ... Under the circumstances, we conclude that the Fen-wicks did not bring their appeal frivolously, unreasonably, or without foundation. We therefore decline to award the Deshlers attorney fees under Idaho Code § 12-121.

Section 12-121 does not warrant appellate attorney fees when a dispute presents a matter of first impression and neither party acted frivolously, unreasonably, or without foundation.

Thompson v. Ebbert · filed 2007-05-29

The Ebberts seek attorney’s fees and costs pursuant to I.C. § 12-121, arguing that Thompson acted unreasonably and without foundation. Thompson also argues that the Ebberts acted unreasonably by failing to make a substantial showing that the district court failed to apply the law correctly. Given that the interpretation of the Declaration was a matter of first impression, we find that neither party acted frivolously, unreasonably, or without foundation and therefore, we deny an award of attorney fees to either party on appeal.

Section 12-121 does not support an award of attorney’s fees on appeal when an issue of first impression means the appeal was not pursued frivolously.

Karel v. State · filed 2007-06-27

The Department requests attorney's fees and costs pursuant to I.A.R. 41 and I.C. §§ 12-121 and 12-117, arguing that Karel has brought this appeal frivolously, unreasonably and without foundation. Given that this appeal presents a matter of first impression for this Court, we find that the appeal was neither pursued nor defended frivolously, and thus, both parties are denied attorney's fees on appeal.

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

Downey v. Vavold · filed 2007-06-27

Attorney fees can be awarded on appeal under that statute only if the appeal was brought or defended frivolously, unreasonably, or without foundation.

Section 12-121 permits an award of appellate attorney fees to the prevailing party when an appeal merely asks the court to reweigh the facts and is frivolous, unreasonable, and without foundation.

Nelson v. Nelson · filed 2007-10-10

Because Kyle has done no more than invite this Court to reweigh the facts, we find the appeal frivolous, unreasonable, and without foundation, and award attorney fees on appeal to Darline.

Section 12-121 does not support an attorney fee award on appeal when the appeal presents legitimate issues of law.

Ross v. Ross · filed 2007-10-24

Susan requests attorney fees on this appeal pursuant to I.C. § 12-121 and I.R.C.P. 54(e)(1), contending that the appeal was brought frivolously and without foundation. We disagree. The appeal has presented legitimate issues of law for resolution by this Court. Therefore no attorney fees will be awarded.

Section 12-121 permits discretionary attorney’s fees on appeal when the appellant merely asks the appellate court to second guess the trial court’s factual findings.

Crowley v. Critchfield · filed 2007-12-05

Critchfield failed to raise any issues other than to invite this Court to second guess the trial court’s findings of fact. This Court finds it is appropriate and within its discretion to award attorney’s fees to Crowley under I.C. § 12-121 on appeal.

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

Birdwood Subdivision Homeowners' Ass'n v. Bulotti Construction, Inc. · filed 2007-12-24

Bulotti seeks an award of attorney fees pursuant to Idaho Code § 12-121. It can be awarded attorney fees on appeal under that statute only if the appeal was brought frivolously, unreasonably, or without foundation.

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

Drennon v. Idaho State Correctional Institution · filed 2007-12-24

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. ... However, whether to award attorney fees is within the discretion of this Court. We exercise that discretion by not awarding attorney fees in this case.

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

Jenkins v. Barsalou · filed 2008-01-02

Idaho Code § 12-121 allows an award of “reasonable attorney’s fees to the prevailing party. . . .” Attorney fees are awarded to the prevailing party under this statute when “the action was brought or pursued frivolously, unreasonably or without foundation.” Baker v. Sullivan, 132 Idaho 746, 751, 979 P.2d 619, 624 (1999). ... We hold that Jenkins has unreasonably pursued this action and, therefore, award attorney fees to the Sheriff.

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

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

We find that Commercial has pursued this appeal frivolously, unreasonably and without foundation. Therefore, because Wilde is a prevailing party, we award him attorneys fees pursuant to I.C. § 12-121.

Section 12-121 permits appellate attorney fees for a prevailing party only when the appeal was brought or pursued frivolously, unreasonably, or without foundation; an appeal raising issues of first impression and reasonable arguments does not qualify.

Bybee v. Isaac · filed 2008-01-30

Bybee Air also requests attorney fees on appeal pursuant to I.C. § 12-121. ... Attorney fees are awarded to the prevailing party only if “the Court determines that the action was brought or pursued frivolously, unreasonably or without foundation.” ... This appeal involves issues of first impression and the arguments on appeal are not unreasonable or without foundation. Thus, we decline to award attorney fees pursuant to this statute.

Section 12-121 allows attorney fees on appeal only to a prevailing party; mixed results can leave neither party entitled to fees.

Costa v. Borges · filed 2008-02-15

Costa seeks an award of attorney fees on appeal pursuant to Idaho Code § 12-121. Borges seeks an award pursuant to Idaho Code §§ 12-120 and 12-121. Under those statutes, attorney fees are only award-able to the prevailing party on appeal. In this case, Costa did not prevail on the issue of dissociation, but he did prevail regarding the cost of the backhoe. Borges did not prevail on his cross-appeal. Considering the mixed results, we hold that there is no prevailing party on appeal. Therefore, neither party is entitled to an award of attorney fees on appeal.

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

Ada County Highway District v. Total Success Investment, LLC · filed 2008-02-19

Attorney fees are awarded to the prevailing party under this statute when “the action was brought or pursued frivolously, unreasonably or without foundation.”

Section 12-121 permits attorney fees on appeal when the appellant merely asks the appellate court to second-guess the trial court’s resolution of conflicting evidence.

Benninger v. Derifield · filed 2008-02-19

An award of attorney fees under this statute “is appropriate if the appellant simply invites the appellate court to second-guess the trial court on conflicting evidence.”

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

Youngblood v. Jessie Higbee, Big O Tires, Dennis Claunch Tires, Inc. · filed 2008-02-19

Idaho Code § 12-121 allows an award of “reasonable attorney’s fees to the prevailing party . . . .” Attorney fees are awarded to the prevailing party only if “the Court determines that the action was brought or pursued frivolously, unreasonably or without foundation.” Baker v. Sullivan, 132 Idaho 746, 751, 979 P.2d 619, 624 (1999). We hold Youngblood has pursued this case unreasonably or without foundation, and accordingly, we award Big O Tires, Inc. attorney fees.