Idaho Code § 12-121

Section 12-121 permits appellate attorney fees for a prevailing party when an appeal is frivolous, unreasonable, or without foundation, but fees may be denied when the appeal presents an issue of first impression.

Boots Ex Rel. Boots v. Winters · filed 2008-02-22

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. ... We decline to award attorney fees because this case presented an issue of first impression in Idaho.

Section 12-121 permits a discretionary award of appellate attorney fees when the court concludes that an action was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Losser v. Bradstreet · filed 2008-03-28

“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.” ... We conclude this case was brought and pursued frivolously, unreasonably, and without foundation and award Bradstreet attorney fees on appeal.

Section 12-121 permits an award of attorney’s fees on appeal when the appellant’s claims were clearly barred by res judicata and it presented no meaningful argument to the contrary.

C Systems, Inc. v. McGee · filed 2008-04-01

C Systems’ claims clearly were barred by res judicata and C Systems presented no meaningful argument to the contrary. Attorney’s fees therefore are appropriate pursuant to Idaho Code § 12-121.

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

Partout v. Harper · filed 2008-04-25

Harper 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.” Baker v. Sullivan, 132 Idaho 746, 751, 979 P.2d 619, 624 (1999). Though we affirm the grant of summary judgment, we disagree with the district court’s basis for summary judgment on the contract claim. Thus, we cannot say this appeal was entirely frivolous, unreasonable, or without foundation. Therefore, we decline to award Harper attorney fees on appeal.

Section 12-121 permits appellate attorney fees to a prevailing party only when the appeal was frivolous, unreasonable, or without foundation; affirmance on different grounds does not meet that standard.

Youngblood v. Higbee · filed 2008-04-25

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). Where we affirm the district court’s opinion on different grounds, we cannot say the appeal is frivolous, unreasonable or without foundation. Therefore we decline to award Big O Tires, Inc. attorney fees on appeal.

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

Winn v. Campbell · filed 2008-05-02

Campbell requested fees under I.C. § 12-121, contending that this appeal was brought and pursued frivolously, unreasonably, and without foundation. We agree and award Campbell his attorney fees on appeal pursuant to I.C. § 12-121.

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

Cole v. Esquibel · filed 2008-05-07

Both parties seek 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’s fees on appeal when a party’s claim or defense is frivolous, unreasonable, or without foundation.

Watkins v. Peacock · filed 2008-05-07

“An award of attorney fees under I.C. § 12-121 is appropriate where a party’s claim or defense is frivolous, unreasonable, or without foundation.” ... In addition to being vexatious, Peacock’s pursuit of this appeal was frivolous, unreasonable and without foundation. Thus, we award the Watkins attorney’s fees.

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

Brewer v. Washington RSA No. 8 Ltd. Partnership · filed 2008-05-07

Inland Cellular did not defend this appeal frivolously, unreasonably or without foundation. Therefore, we decline to award the Brewers attorney fees.

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

Andrus v. Nicholson · filed 2008-06-04

The Nicholsons seek 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 when the appeal was brought or defended frivolously, unreasonably, or without foundation.

Rae v. Bunce · filed 2008-06-06

"Attorney fees can be awarded on appeal under that statute only if the appeal was brought or defended frivolously, unreasonably, or without foundation." Downey v. Vavold, 144 Idaho 592, 596, 166 P.3d 382, 386 (2007). This appeal certainly qualifies. Mom's lawsuit was devoid of any legal or factual basis, as is this appeal. We therefore award attorney fees on appeal to Dad pursuant to Idaho Code § 12-121.

Section 12-121 permits appellate attorney fees when an appeal is frivolous, unreasonable, or without foundation, but fees are unwarranted when the appeal raises a meritorious issue.

Beckstead v. Price · filed 2008-06-17

Both the Prices and the Becksteads request an award of attorney fees on appeal pursuant to I.C. § 12-121. ... However, since we remand the case based on the district court’s failure to state the dimensions of the easement, the Prices’ appeal was not entirely frivolous. Therefore, we decline to award either party attorney fees on appeal.

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

MBNA America Bank, N.A. v. McGoldrick · filed 2008-07-01

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

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

Todd v. Sullivan Construction LLC · filed 2008-07-17

Todd and Petersen seek an award of attorney fees on appeal pursuant to Idaho Code § 12-121. Because they have not prevailed on appeal, they cannot be awarded attorney fees under that statute.

Section 12-121 allows attorney fees on appeal when the appeal was brought frivolously.

Chavez v. Barrus · filed 2008-08-26

We are of the abiding belief that, to the extent Chavez challenged the grant of summary judgment to First American, her appeal was brought frivolously and First American is entitled to an award of attorney fees on appeal based on I.C. § 12-121.

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

J-U-B Engineers, Inc. v. Security Insurance · filed 2008-09-24

Idaho Code § 12-121 permits an award of reasonable attorney fees to the prevailing party on appeal if the action was brought or pursued frivolously, unreasonably or without foundation. ... J-U-B’s arguments on appeal have failed to meet this standard.

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

Teton Peaks Investment Co. v. Ohme · filed 2008-10-16

Teton Peaks is not the prevailing party on appeal and, therefore, is not entitled to attorney’s fees. Teton Peaks has simply asked this Court to second guess the district court and in doing so has pursued this appeal unreasonably and without foundation in light of the long-standing law on issues of boundary by agreement and has not presented this Court with any basis in fact or law to reverse the district court’s decision. This Court therefore awards attorney’s fees to the Ohmes.

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

Gonzalez v. Thacker · filed 2009-01-21

Under I.C. § 12-121, attorney fees are awarded to the prevailing party only if the Court determines that the appeal was brought or defended frivolously, unreasonably, or without foundation.

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

Cecil v. Gagnebin · filed 2009-01-22

The Cecils seek an award of attorney fees on appeal pursuant to Idaho Code § 12-121. They could recover attorney fees on appeal under that statute only if the appeal were brought or pursued frivolously, unreasonably, or without foundation.

Section 12-121 permits attorney fees on appeal only when the appeal was brought, pursued, or defended frivolously; a defense with a foundation in law and fact does not qualify.

Farrell v. Whiteman · filed 2009-01-22

Whiteman requests attorney fees on appeal under Idaho Code § 12-121. Reasonable attorney fees will be awarded to the prevailing party under that section only when the court is left with the abiding belief that the appeal was brought, pursued, or defended frivolously. ... Therefore, Farrell’s arguments did not lack foundation in law or in fact and Whiteman is not entitled to attorney fees on appeal.

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

Waterman v. Nationwide Mutual Insurance · filed 2009-01-22

Respondent requests attorney fees on appeal pursuant to IC § 12-121. Attorney fees can be awarded on appeal under IC § 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 pursued frivolously, unreasonably, or without foundation.

PHH Mortgage Services Corp. v. Perreira · filed 2009-01-30

PHH also requests an award of attorney fees pursuant to Idaho Code § 12-121. They could recover attorney fees on appeal under that statute only if the appeal were brought or pursued frivolously, unreasonably,-or without foundation. ... Because we have vacated the judgment of the district court, this action was not brought frivolously, unreasonably, or without foundation.

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

Lawrence v. Hutchinson · filed 2009-02-05

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party and such an award is appropriate when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct.App.1995). Neither party's arguments in this case were frivolous or lacking in foundation. Therefore, attorney fees on appeal are denied.

Section 12-121 does not permit appellate attorney fees when an appeal raises a fairly debatable question of first impression and is not frivolous, unreasonable or without foundation.

Blake v. Starr · filed 2009-03-04

The appeal was not brought frivolously, unreasonably or without foundation. Therefore we refrain from awarding Starr attorney‟s fees under I.C. § 12-121.

Section 12-121 does not allow attorney fees on appeal when the appellant raises legitimate questions of law rather than pursuing a frivolous, unreasonable, or unfounded appeal.

Danti v. Danti · filed 2009-03-05

An award of fees under section 12-121 would be improper because Ed did not bring his appeal frivolously, unreasonably, or without foundation. Instead, he raised legitimate questions of law relating to the standard governing relocation cases in Idaho.

Section 12-121 permits attorney fees on appeal only when the appeal was brought or defended frivolously, unreasonably, or without foundation; a nonfrivolous challenge to an erroneous evidentiary ruling does not meet that standard.

Thomson v. Olsen · filed 2009-04-03

Respondent requests attorney fees on appeal pursuant to I.C. § 12-121. 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. Teton Peaks Inv. Co., LLC v. Ohme, 146 Idaho 394, __, 195 P.3d 1207, 1212 (2008). Because the district court excluded Exhibit 85 on incorrect grounds, we cannot say this appeal was brought frivolously, unreasonably, or without foundation. Accordingly, we deny Respondent’s request for attorney fees on appeal.

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

Bird v. Bidwell · filed 2009-05-29

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

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

Mesenbrink v. Hosterman · filed 2009-05-29

The Plaintiffs seek an award of attorney fees on appeal pursuant to Idaho Code § 12-121. “They could recover attorney fees on appeal under that statute only if the appeal were brought or pursued frivolously, unreasonably, or without foundation.” Cecil v. Gagnebin, 146 Idaho 714, 718, 202 P.3d 1, 5 (2009).

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

Taylor v. Canyon County Board of Commissioners · filed 2009-06-09

In regard to Savala's request for attorney fees under I.C. § 12-121, attorney fees are awardable only if the appeal was brought "frivolously, unreasonably, and without foundation." Gustaves v. Gustaves, 138 Idaho 64, 71, 57 P.3d 775, 782 (2002). Here, we are unable to find that the Vickers pursued this appeal frivolously, unreasonably, and without foundation, especially in light of the unique issues that were presented in this case.

Under § 12-121, appellate attorney fees are awardable only if the appeal was brought frivolously, unreasonably, and without foundation.

Kirby Vickers and Cheryl Vickers v. Canyon County Bd. Of Commissioners · filed 2009-06-09

In regard to Savala‘s request for attorney fees under I.C. § 12-121, attorney fees are awardable only if the appeal was brought ―frivolously, unreasonably, and without foundation.‖ Gustaves v. Gustaves, 138 Idaho 64, 71, 57 P.3d 775, 782 (2002). Here, we are unable to find that the Vickers pursued this appeal frivolously, unreasonably, and without foundation, especially in light of the unique issues that were presented in this case. As such, we deny Savala‘s requests for attorney fees under I.C. §§ 12-117 and 12-121.

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

Spencer v. Jameson · filed 2009-06-16

Idaho Code § 12-121 allows recovery of attorney fees by the prevailing party only if the Court determines that the appeal was brought or defended frivolously, unreasonably, or without foundation.

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

Harrison v. Binnion · filed 2009-07-07

Dr. Binnion seeks an award of attorney fees under Idaho Code § 12-121. That statute authorizes an award of attorney fees on appeal to Dr. Binnion, as the prevailing party, if Harrison brought or pursued the appeal frivolously, unreasonably, or without foundation. Nampa & Meridian Irr. Dist. v. Mussell, 139 Idaho 28, 37, 72 P.3d 868, 877 (2003). We do not find that Harrison brought or pursued the appeal against Dr. Binnion frivolously, unreasonably, or without foundation. We therefore decline to award attorney fees under Idaho Code § 12-121.

Section 12-121 does not allow appellate attorney fees to a prevailing party when the opposing party’s defense of the appeal was not frivolous.

Olson v. Montoya · filed 2009-08-14

Montoya also requests attorney fees on appeal under I.C. § 12-121, asserting that Olson‟s position in the appellate proceedings is frivolous in that she has only invited the appellate court to second guess the trial court‟s factual findings. Although Montoya has prevailed on all issues in these appeals, we cannot say that Olson‟s defense to Montoya‟s appeal was frivolous. Therefore, his request is denied.

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

Allbright v. Allbright · filed 2009-08-21

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

Section 12-121 permits attorney fees for a prevailing party on appeal only when the opposing party brought the appeal frivolously, unreasonably, and without foundation.

City of Boise v. Ada County · filed 2009-08-25

Although the County is the prevailing party on appeal, it failed to demonstrate that the City brought its appeal frivolously, unreasonably, or without foundation.

Section 12-121 permits attorney fees for a prevailing respondent when an appeal is frivolous, unreasonable, or without foundation; a previously unaddressed issue can warrant denying fees.

Nelson v. Big Lost River Irrigation District · filed 2009-09-30

The Intervenors seek an award of attorney fees under Idaho Code § 12-121. Under that statute, attorney fees will be awarded to a prevailing respondent when this Court is left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably or without foundation. Downey v. Vavold, 144 Idaho 592, 596, 166 P.3d 382, 386 (2007). We have not before addressed the allocation of conveyance loss among water users in an irrigation district, and therefore decline to award attorney fees under section 12-121.

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

Oregon Mutual Insurance v. Farm Bureau Mutual Insurance · filed 2009-10-08

Although Respondents prevail on this appeal, having reviewed the record, we cannot conclude that Oregon Mutual brought the appeal frivolously, unreasonably, or without foundation. Thus, we decline to award attorney fees to Respondents under I.C. § 12-121.

Section 12-121 permits an award of attorney fees on appeal when a party pursues a frivolous argument, including one contrary to the relief that party requested below.

Michalk v. Michalk · filed 2009-10-20

It is frivolous for her to argue on appeal that Art should not have been granted joint custody when that is the only request that Wendi properly made before the magistrate court. Accordingly, this Court grants Art’s request for attorney fees on appeal pursuant to I.C. § 12-121.

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

SCHMECHEL v. Dille · filed 2009-10-26

The Court is authorized to award attorney fees under this statute if we are left with an abiding belief that the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Section 12-121 permits appellate attorney fees for a prevailing party only when the appeal is frivolous, unreasonable, and without foundation; unsuccessful arguments with some merit do not warrant fees.

Rhoades v. State · filed 2009-10-26

“Reasonable attorney‟s fees will only be awarded to the prevailing party under I.C. § 12-121 when the court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably and without foundation.” Balderson v. Balderson, 127 Idaho 48, 54, 896 P.2d 956, 962 (1995) (internal quotation omitted). We conclude that Rhoades‟ arguments, although unsuccessful, are not so wholly without merit as to warrant an award of fees.

Section 12-121 does not warrant attorney fees on appeal when the appellant makes a good faith, reasoned argument for changing the law and the appeal is not frivolous or groundless.

Craig v. Gellings · filed 2009-11-04

Attorney fees may be awarded on such grounds under I.C. § 12-121, I.R.C.P. 54(e)(1), and I.A.R. 41. ... However, we do not view this appeal to have been frivolous or groundless. Appellant made a good faith, reasoned argument for a modification of the law. Therefore, the Respondents’ request for attorney fees is denied.

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

URBAN RENEWAL AGENCY OF CITY v. Hart · filed 2009-11-25

The Agency asks for an award of attorney fees on appeal under I.C. § 12-121. “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.” ... Thus, we do not find Hart’s appeal raising these issues to be frivolous and decline to award the Agency attorney fees.

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

Farr West Investments v. Topaz Marketing L.P. · filed 2009-11-27

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

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

Heiss v. Conti · filed 2009-12-30

Conti seeks an award of attorney fees on appeal under Idaho Code § 12-121 for defending against Heisses‟ cross-appeal. “Attorney fees can be awarded to the prevailing party on appeal under that statute only if the appeal was brought or defended frivolously, unreasonably, or without foundation.” ... We award Conti attorney fees on appeal for defending against Heisses‟ cross-appeal.

Section 12-121 permits attorney fees on appeal when the prevailing party wins the primary issues and the appeal is frivolous and without foundation; an inconsequential win by the other party does not prevent the award.

Carpenter v. TURRELL · filed 2010-02-19

This Court grants attorney fees to Carpenter under I.C. § 12-121, as he prevailed on the primary issues before this Court. The Turrells have done little more than ask this Court to second-guess the district court‟s factual findings, Sun Valley Shamrock Resources, Inc. v. Travelers Leasing Corp., 118 Idaho 116, 120, 794 P.2d 1389, 1393 (1990), and the issues asserted on appeal were frivolous and without foundation. Cecil v. Gagnebin, 146 Idaho 714, 718, 202 P.3d 1, 5 (2009). The Turrells succeeded on their claim that the judgment should not have been entered against Peggy Turrell; yet, that was an inconsequential issue that does not dissuade this Court from awarding attorney fees 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.

Total Success Investments, LLC v. Ada County Highway District · filed 2010-03-04

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. ... For these reasons we conclude that the continued litigation against WaMu is frivolous and WaMu is awarded costs and attorney fees on appeal.

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

Bedke v. CITY OF OAKLEY · filed 2010-03-18

The City has requested an award of attorney fees on appeal pursuant to I.C. § 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.

Barrett v. Barrett · filed 2010-04-23

Ann has requested attorney fees under I.C. § 12-121. Under this provision, attorney fees may be awarded only if the appeal was brought or defended frivolously, unreasonably, or without foundation. Cole v. Esquibel, 145 Idaho 652, 656, 182 P.3d 709, 713 (2008). In light of this Court’s earlier decisions which suggested that deeds are to be given conclusive effect, we conclude that Greg did not unreasonably pursue this appeal. We therefore decline to award attorney fees.

Section 12-121 permits an award of appellate attorney fees to the prevailing party when an appeal frivolously asks the court to second-guess supported factual findings.

FLYING ELK INVESTMENT, LLC v. Cornwall · filed 2010-04-26

Idaho Code § 12-121 permits an award for attorney‟s fees to the prevailing party if “the appeal was brought, pursued, or defended frivolously.” ... Flying Elk‟s appeal essentially asked this Court to second-guess that conclusion and therefore was brought frivolously. Attorney fees are awarded to Cornwall.

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

Decoria v. Lundquist · filed 2010-05-05

Kathleen requests attorney fees incurred in defending against this appeal, under I.C. § 12- 121. Attorney fees may be awarded under this statute if an appeal is brought or defended frivolously, unreasonably or without foundation. ... We hold that this appeal has been pursued frivolously, unreasonably, and without foundation.

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

In Re SRBA · filed 2010-05-19

The City has requested an award of attorney fees on appeal pursuant to I.C. § 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.

Bruce Byron Bedke and Jared K. Bedke v. City of Oakley · filed 2010-05-19

The City has requested an award of attorney fees on appeal pursuant to I.C. § 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. ... In short, the Bedkes‘ pursuit of their claims has been frivolous at every stage of these proceedings, and we therefore award the City attorney fees on appeal.

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

Hoover v. Farmers Insurance · filed 2010-06-24

An award of attorney fees may be granted under I.C. § 12-121 to the prevailing party when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). We conclude that such an award is appropriate here as the appeal is frivolous.

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

Parkwest Homes, LLC v. Barnson / Mortgage Electronic Registration Systems, Inc. · filed 2010-06-25

In that case, this Court awarded attorney fees on appeal pursuant to Idaho Code § 12-121. Because MERS is not the prevailing party on this appeal, it is not entitled to an award of attorney fees under that statute.

Section 12-121 allows attorney fees on appeal when the appeal was pursued frivolously, unreasonably, or without foundation; a first-impression issue and a decision resting partly on an implicit factual finding did not warrant fees.

Ogden v. Griffith · filed 2010-06-28

Ogden and Hurst have requested attorney fees under I.C. § 12-121 and I.R.C.P. 54(e)(1), which provide that attorney fees may be awarded where “the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.R.C.P. 54(e)(1). The question of the interplay between the statute of frauds and an attorney’s authority is a matter of first impression before this Court. Although we have not accepted their argument regarding the sufficiency of the terms of the settlement agreement, we have reached our decision, in part, upon an implicit factual finding by the trial court. Accordingly, we do not find that the appeal was pursued frivolously and decline to award attorney fees.

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

Bear Lake West Homeowners Assoc. v. Heitman · filed 2010-08-05

The HOA requests an award of attorney fees on appeal pursuant to I.C. § 12-121 and I.R.C.P. 54(e)(1). Attorney fees may be awarded pursuant to this statute and rule when an appeal has been brought frivolously, unreasonably, or without foundation. ... Heitman pursued this case unreasonably and without foundation as evidenced by his failure to present a coherent argument or relevant legal authority. Therefore, we award attorney fees on appeal to the HOA.

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

Doe v. Doe · filed 2010-09-07

Father 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 an attorney fee award only to a prevailing party when the court finds the case was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Stoddart v. Pocatello School District 25 · filed 2010-09-20

The Plaintiffs have not prevailed in this appeal and therefore are not entitled to an award of attorney fees. We are unable to find that the Plaintiffs have pursued this appeal frivolously. We therefore deny all parties‟ requests for attorney fees.

Section 12-121 leaves an award of attorney fees on appeal to the court’s discretion even when the losing arguments lack merit.

Butters v. Valdez · filed 2010-09-30

In addition, while they may have been without merit, whether to award attorney fees is within the discretion of this Court and we exercise that discretion by not awarding attorney fees in this case.

A request for attorney fees on appeal under Idaho Code § 12-121 requires supporting argument; merely citing the statute is insufficient.

Capps v. Fia Card Services, N.A. · filed 2010-10-04

Bank‟s mere citation of Idaho Code § 12-121 is insufficient. Therefore, we decline to award Bank attorney fees on appeal.

A request for attorney fees on appeal under Idaho Code § 12-121 must explain how the appeal meets the statute’s fee standard.

Bagley v. Thomason · filed 2010-10-06

Finally, they did not expound upon how this appeal meets the standard for awarding attorney fees under Idaho Code § 12-121, nor did they even state what that standard is.

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

Lightner v. Tidwell · filed 2010-10-15

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. Drennon v. Idaho State Correctional Institution, 145 Idaho 598, 604, 181 P.3d 524, 530 (Ct. App. 2007). Whether to award attorney fees is within the discretion of this Court. Id. Having reviewed the record, we decline to award attorney fees.

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

Kugler v. Maguire · filed 2010-11-04

An award of attorney fees may be granted under I.C. § 12-121 to the prevailing party when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). That standard for an award of fees is not satisfied here. Therefore, we decline to award attorney fees against Kugler.

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

Brian & Christie, Inc. v. Leishman Electric, Inc. · filed 2010-11-24

Taco Time seeks an award of attorney fees under Idaho Code § 12-121. “Attorney fees can be awarded under that statute only if the appeal was brought or defended frivolously, unreasonably, or without foundation.” Farr West Investments v. Topaz Marketing L.P., 148 Idaho 272, 277, 220 P.3d 1091, 1096 (2009). Because Subcontractor’s defense was not entirely frivolous, we decline to award attorney fees on appeal.

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

Woods v. Sanders · filed 2010-11-26

“Attorney fees can be awarded on appeal under [§ 12-121] only if the appeal was brought or defended frivolously, unreasonably, or without foundation.” ... This Court therefore awards attorney fees on appeal to Woods pursuant to I.C. § 12-121.

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

State v. Kling · filed 2010-12-10

We decline either to reverse the district court in this regard or to award attorney fees to Kling for this appeal because although the State did not prevail at either level, we cannot say that it has acted “without reasonable basis in fact or law” as required for an award under I.C. § 12-117 or that its appeals were taken “frivolously, unreasonably or without foundation” as required for an award under I.C. § 12-121.

Section 12-121 allows attorney fees on appeal when an appeal is taken frivolously, unreasonably or without foundation; losing the appeal alone does not meet that standard.

State v. Kling · filed 2010-12-14

We decline either to reverse the district court in this regard or to award attorney fees to Kling for this appeal because although the State did not prevail at either level, we cannot say ... that its appeals were taken “frivolously, unreasonably or without foundation” as required for an award under I.C. § 12-121.

Section 12-121 permits an appellate attorney fee award when an appeal was brought frivolously, unreasonably, or without foundation.

Coward v. Hadley · filed 2010-12-20

Attorney fees are available on appeal under I.C. § 12-121 if the appeal was brought frivolously, unreasonably, or without foundation. ... Hadley is entitled to fees on appeal.

Section 12-121 permits appellate attorney fees for the prevailing party when an appeal is frivolous, unreasonable, or without foundation, including when settled law applies to undisputed facts and the appellant shows no error by the lower court.

Walter & Virginia Bayes v. State · filed 2010-12-20

An award of attorney fees may be granted pursuant to I.C. § 12-121 and I.R.C.P. 54(e)(1) 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. ... As the law is well settled, there are no disputed issues of fact, and the Bayeses have failed to show the district court misapplied the law, the defendants are entitled to attorney fees on appeal.

Section 12-121 permits attorney fees on appeal when an appeal is frivolous, unreasonable, or without foundation, including when appellants fail to challenge independent grounds for summary judgment.

Page v. Pasquali · filed 2010-12-23

Since the Pages failed to argue that the alternative grounds for summary judgment were in error, we award attorney fees to Respondents 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.

Briggs v. Sandy Jones · filed 2011-01-20

The defendants have requested an award of attorney fees pursuant to several statutes, including 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.” Drennon v. Hales, 138 Idaho 850, 854, 70 P.3d 688, 692 (Ct. App. 2003). Because we conclude that this standard is satisfied here, attorney fees on appeal are awarded to the defendants.

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

Davidson v. Davidson · filed 2011-01-26

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party and such an award is appropriate when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). Because Davidson voluntarily dismissed his claims as to Kathy, his appeal trying to re-raise those claims is frivolous. Therefore, costs and attorney fees are awarded to Kathy.

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

Clarice L. Miner v. Miner · filed 2011-01-27

An award of attorney fees may be granted under Idaho Code § 12-121 and I.A.R. 41 to the prevailing party if the Court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). We conclude that Gary’s appeal and defense of Clarice’s cross-appeal were not entirely frivolous or unreasonable. Indeed, he prevailed in part on Clarice’s cross-appeal. Therefore, no attorney fees will be awarded.

A party seeking attorney fees on appeal under Idaho Code § 12-121 must present argument supporting the request; a bare assertion of entitlement is insufficient.

Curtis-Klure, PLLC, dba Maple Grove Dentistry v. Ada County Highway District · filed 2011-02-02

In its brief, ACHD stated that it was entitled to recover attorney fees on appeal under Idaho Code § 12-121, but it did not present any argument on this issue. Therefore, it is not entitled to an award of attorney fees on appeal. Carroll v. MBNA America Bank, 148 Idaho 261, 270, 220 P.3d 1080, 1089 (2009).

Section 12-121 allows attorney fees on appeal when the prevailing party faced an adoption petition and related procedural demand that had no reasonable basis.

Doe v. Idaho Department of Health & Welfare · filed 2011-02-03

The Department requests attorney fees under I.C. § 12-121, which authorizes the Court to award attorney fees to the prevailing party in a civil action. ... Because the Does simply did not have the Department’s permission to adopt A.H., they had no reasonable basis upon which to file their adoption petition or to demand additional time to prepare for the summary-judgment hearing. Attorney fees are therefore awarded to the Department.

Section 12-121 permits attorney fees on appeal for a prevailing party when the appeal is frivolous or lacks a foundation in law or fact; fees are unwarranted when the appeal raises a supported legal issue.

Doe v. Doe · filed 2011-02-03

No attorney fees are awarded to the Guardians under I.C. § 12-121 because the appeal was not frivolous or unsupported.

Section 12-121 allows appellate attorney fees to a prevailing party when the appeal was brought frivolously or without a foundation in law or fact; an appeal raising a supported legal issue does not qualify.

RE: Guardianship of minor children · filed 2011-02-08

Attorney fees may be awarded under I.C. § 12-121 to the prevailing party if the appeal was brought frivolously or without a foundation in law or fact. Gonzalez v. Thacker, 148 Idaho 879, 884, 231 P.3d 524, 529 (2009). The issues in this case were not frivolous, because Mother and Father presented an issue of law regarding the standard for termination of a guardianship with supporting authority from a sister state, Utah. Therefore, no attorney fees are awarded to the Guardians.

Section 12-121 permits appellate attorney fees when an appeal is brought or defended frivolously, unreasonably or without foundation; fees are unwarranted when each party prevails in part and neither position is frivolous.

Drinkall v. Drinkall · filed 2011-03-02

Both parties seek attorney fees on appeal under I.C. § 12-121. Attorney fees may be awarded under this statute if an appeal is brought or defended frivolously, unreasonably or without foundation. Crowley, 145 Idaho at 514, 181 P.3d at 440. As each party has prevailed in part, neither party’s position on appeal is frivolous. In accord, the requests are denied.

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

Ford v. Rawlinson · filed 2011-03-10

This statute authorizes an award of attorney fees for an appeal that is pursued frivolously, unreasonably or without foundation.

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

Kennedy v. Samuel E. Schneider, Jr. · filed 2011-03-17

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

Section 12-121 allows attorney fees on appeal when the appeal is frivolous or without merit; affirmance alone does not justify an award.

Thomas v. Thomas · filed 2011-03-18

While we ultimately affirm the district court’s decision, the appeal was not frivolous or without merit as required to award fees under I.C. § 12-121.

Section 12-121 permits discretionary attorney fees on appeal when the court concludes the appeal was pursued wholly frivolously, unreasonably, or without merit.

Hoover v. Hunter · filed 2011-03-18

While it is a close case, we decline to award attorney fees as we are unable to conclude that this appeal was pursued wholly frivolously, unreasonably, or without merit.

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

Beaudet v. Hoops · filed 2011-03-18

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

Zingiber Investment, LLC v. Hagerman Highway District · filed 2011-03-22

“Attorney fees can be awarded on appeal under [§ 12-121] only if the appeal was brought or defended frivolously, unreasonably, or without foundation.” Downey v. Vavold, 144 Idaho 592, 596, 166 P.3d 382, 386 (2007). Zingiber cannot show any violation of its rights, and therefore its arguments under I.C. § 42-1207 are without a foundation in the law. Thus this Court awards attorney fees on appeal to the District and LynClif under I.C. § 12-121.

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

Antim v. Fred Meyer Stores, Inc. · filed 2011-03-30

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

Section 12-121 does not support an award of appellate attorney fees against a party who cites legal authority and the record and argues in good faith for an extension of Idaho law.

McDevitt v. Sportsman's Warehouse, Inc. · filed 2011-05-27

Sportsman’s requests attorney fees under I.C. § 12-121 and -123 on the basis that the appeal was brought and pursued frivolously, unreasonably and without foundation. McDevitt supported her appeal with citations to case authority from Idaho and other jurisdictions, as well as citations to the record. She has argued for an extension of Idaho negligence law in good faith. It cannot be said that her appeal was without foundation or was brought frivolously, and Sportsman’s does not provide any further argument to support its position. Therefore, Sportsman’s is not awarded attorney fees under I.C. § 12-121 or -123 on appeal.

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

Mc Lean v. Cheyovich Family Trust · filed 2012-06-01

Attorney’s fees are awarded under this statute only 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).

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

County of Twin Falls v. Hettinga · filed 2011-05-05

Attorney fees may be awarded to the prevailing party under I.C. § 12-121 and I.A.R. 41, 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. ... Although Hettinga’s appeal has not been successful, we do not deem it to be frivolous, unreasonable, or without foundation. Therefore, no attorney fees will be awarded.

Section 12-121 permits attorney fees to a prevailing party when an action or appeal was pursued frivolously, unreasonably, or without foundation; reasonable arguments do not warrant fees merely because they fail.

SUHADOLNIK v. Pressman · filed 2011-05-25

“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.” Newberry, 142 Idaho at 292-93, 127 P.3d at 195-96. Although Respondents prevail on appeal, the Suhadolniks’ arguments are not unreasonable. As previously discussed, the case law suggests that review of deposition testimony alone can provide an appropriate foundation for expert knowledge of the local standard of care and the deposition relied on in this case identified several general standards used by Dr. Hofbauer. Although they are ultimately too general to identify the local standard of care, the Suhadolniks’ arguments are reasonable and, therefore, an award for attorney fees is inappropriate in this case.

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

McCormack v. Caldwell · filed 2011-07-01

An award of attorney fees may be granted under I.C. § 12-121 to the prevailing party, and such an award is appropriate when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). We conclude that this standard is not satisfied here. Although we affirm the dismissal of McCormack’s action, we have rejected the respondents’ argument as to the applicable statute of limitation, and we cannot say that McCormack’s arguments were frivolous. We therefore decline to award attorney fees.

Section 12-121 does not support an award of appellate attorney fees against a party whose appeal has a basis.

NIGHTENGALE v. Timmel · filed 2011-07-11

Dr. Timmel requests attorney fees on appeal under I.C. § 12-121, arguing that Nightengale’s pursuit of this appeal was “frivolous, unreasonable and without foundation” because it was brought “despite clear and unambiguous law.” Because we vacate the award of discretionary costs for expert witness fees, Nightengale’s appeal was not without basis.

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. Schneider · filed 2011-08-08

“Attorney fees pursuant to I.C. § 12-121 are appropriate when this Court is left with an abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation.” ... We do not feel that this appeal was brought frivolously, unreasonably or without foundation; therefore, no attorney fees are awarded.

A party seeking attorney fees on appeal under § 12-121 must support the request with authority and argument in its first brief; citing the statute alone is insufficient.

Aguilar v. Coonrod · filed 2011-09-14

Dr. Coonrod seeks attorney fees on appeal, citing I.A.R. 40 and 41 and I.C. § 12-121, but offers no argument supporting his request. “[I]n order to be entitled to attorney fees on appeal, authority and argument must be presented in the first brief filed by a party with this Court. A citation to statutes and rules authorizing fees, without more, is insufficient.” Carroll v. MBNA Am. Bank, 148 Idaho 261, 270, 220 P.3d 1080, 1089 (2009) (emphasis added) (internal citation omitted). As Dr. Coonrod merely cites to statutes and makes no argument concerning attorney fees, he is not entitled to attorney fees. In addition Dr. Coonrod is not the prevailing party.

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

Naranjo v. Idaho Department of Correction · filed 2011-11-03

Attorney fees under Idaho Code § 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. Rudd, 138 Idaho at 533, 66 P.3d at 237; Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). Although the Naranjos have not prevailed, we do not find their appeal to be so unreasonable or frivolous as to warrant an award of attorney fees. Therefore, IDOC’s request is denied.

Section 12-121 permits the court to decline attorney fees on appeal when the appeal was not brought frivolously, unreasonably, or without foundation.

Belstler v. Sheler · filed 2011-11-10

Since this appeal was not brought frivolously, unreasonably, or without foundation, we decline to award attorney fees on appeal.

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

GMAC v. Bach · filed 2011-11-17

Because we uphold the judgment of the district court in this case, GMAC is the prevailing party. Therefore, we will award attorney fees to GMAC under the financing contract, and under the statutory grounds claimed by GMAC. In particular, to paraphrase a prior decision of this Court: Such an award will be made under I.C. § 12–121 if we are left with the abiding belief that the appeal was brought or pursued unreasonably, frivolously or without foundation. Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979). We believe this appeal falls within the Minich standard.

Section 12-121 permits an award of appellate attorney fees to a prevailing party when the appeal was pursued without a reasonable basis in fact or law.

Kerr v. Bank of America, Idaho, N.A. · filed 2011-11-22

An award of attorney fees may be granted under Idaho Code § 12-121 and Idaho Appellate Rule 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. ... Under these circumstances, we find that Kerr has pursued this appeal without a reasonable basis in fact or law and, therefore, award Bank of America attorney fees.

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

MINOR MIRACLE PRODUCTIONS, LLC v. Starkey · filed 2012-01-05

MMP requests attorney fees pursuant to I.C. § 12-121. “Reasonable attorney’s fees will only be awarded to the prevailing party under I.C. § 12-121 when the court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably and without foundation.” Balderson v. Balderson, 127 Idaho 48, 54, 896 P.2d 956, 962 (1995). Here, Starkey has so totally failed to advance any meritorious claim that his appeal must be seen as an appeal pursued frivolously and without foundation.

Section 12-121 allows attorney fees on appeal when an appeal is brought, pursued, or defended frivolously, unreasonably, or without foundation, but a fee request must be supported by authority and argument showing that standard is met.

Chavez v. Canyon County · filed 2012-01-06

An award of attorney fees on appeal under I.C. § 12-121 is appropriate when an appeal is brought, pursued, or defended frivolously, unreasonably, or without foundation. ... In his appellate briefs, Chavez did not provide authority for this issue, nor did he argue how this appeal was defended frivolously, unreasonably, or without foundation by the County. Without such, it will not be considered on appeal.

Section 12-121 does not support appellate attorney fees when the appeal obtains some relief and cannot be deemed entirely frivolous or unfounded.

Mertens v. Estate of Marcella Mertens · filed 2012-01-17

Attorney fees may be granted to the prevailing party under I.C. § 12-121 and I.A.R. 41, 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. ... Although Robert did not prevail on several issues that he raised, he did receive some relief on appeal. Therefore, we cannot hold that the appeal was entirely frivolous or unfounded. Accordingly, no attorney fees are awarded.

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

Kugler v. Heikes · filed 2012-01-19

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party and such an award is appropriate when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). In this case, the respondents are the prevailing parties, and we conclude that Kugler’s appeal has been brought frivolously, unreasonably, and without foundation.

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

State v. Two Jinn, Inc Re: Nestor Rivera · filed 2012-01-24

With respect to the State’s request for attorney fees on appeal pursuant to Idaho Code § 12-121 and Idaho Rule of Civil Procedure 54(e), we are not persuaded the appeal was brought or defended frivolously, unreasonably, or without foundation and, therefore, we deny the request.

Section 12-121 permits an award of appellate attorney fees to a prevailing party when an appeal is frivolous, unreasonable, or without foundation.

Vermont Trotter v. Bank of New York Mellon · filed 2012-01-25

Under I.C. § 12-121, the prevailing party may be awarded attorney fees “when this Court is left with an abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation.” Karlson v. Harris, 140 Idaho 561, 571, 97 P.3d 428, 438 (2004); I.R.C.P 54(e)(1). Here, Bank of New York is the prevailing party and Trotter’s arguments were not supported by relevant authority. He cited neither Idaho cases related to the Deed of Trust Act nor persuasive authority that addresses analogous issues, instead relying on cases applicable to judicial proceedings and thus irrelevant to the dispute before us. As such, his appeal was without foundation. Therefore, we award Bank of New York costs and attorney fees.

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

Federal National Mortgage v. Allen · filed 2012-01-31

Fannie Mae also requests attorney fees on appeal pursuant to I.C. §§ 12-120 and 12-121. Allen’s appeal was not timely as to most of the issues raised on appeal, and the timely portion of his appeal was from an order denying an impermissible motion. Therefore, we grant attorney fees to Fannie Mae on appeal.

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

Kendall v. Orthman · filed 2012-02-03

An award of attorney fees may be granted under I.C. § 12-121 and I.R.C.P. 54(e)(1) 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. ... We conclude that Kendall’s claims were without foundation. Therefore, we award Orthman attorney fees on appeal.

Section 12-121 allows the court to deny appellate attorney fees when the losing party raises valid issues that are not frivolous or unreasonable.

KETTERLING v. Burger King Corp. · filed 2012-03-02

Section 12-121 gives the Court discretion to award fees. I.C. § 12-121. ... However, Ketterling raised valid concerns about the effect of HB Boys’ failure to file any documentation with the Secretary of State. As to Burger King, the issues Ketterling presented, though unavailing, were not frivolous or unreasonable. We therefore deny the respondents’ fee request.

Section 12-121 does not support an award of attorney fees on appeal when the appeal is not frivolous.

Cuevas v. Barraza · filed 2012-03-22

Wilfrido not only seeks attorney fees under I.C. § 12-121, but also sanctions under I.A.R. 11.2. However, because there was no contract or commercial transaction between Wilfrido and Barraza, and because Barraza did not bring a frivolous appeal, we find no basis to award fees.

Section 12-121 permits appellate attorney fees for a prevailing party when an appeal is frivolous, unreasonable, or without foundation, but fees may be denied when the appeal raises an issue of first impression.

Trotter v. Bank of New York Mellon · filed 2012-03-23

Under I.C. § 12-121, the prevailing party may be awarded attorney fees “when this Court is left with an abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation.” Karlson v. Harris, 140 Idaho 561, 571, 97 P.3d 428, 438 (2004); I.R.C.P 54(e)(1). Here, Trotter did not prevail and is therefore not entitled to an award of attorney fees. Although Bank of New York is the prevailing party, we conclude that Trotter has presented argument on an issue of first impression. Accordingly, we decline to award Bank of New York attorney fees on appeal.

Section 12-121 permits a court to award attorney fees to a prevailing party when the case was brought, pursued, or defended frivolously, unreasonably, or without foundation; the court may decline fees on appeal when each party has prevailed only in part.

Pioneer Irrigation v. City of Caldwell · filed 2012-04-27

Under I.C. § 12-121 and I.R.C.P. 54(e)(1), a court may award a prevailing party attorney fees if “the case was brought, pursued or defended frivolously, unreasonably, or without foundation . . . .” Since each party has only prevailed in part on this appeal, we decline to award attorney fees to either party.

Section 12-121 does not warrant appellate attorney fees for a prevailing party when the appeal raises a previously unresolved statutory interpretation issue and is therefore not unreasonable.

Arregui v. Gallegos-Main · filed 2012-05-04

Idaho Code section 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.” Newberry v. Martens, 142 Idaho 284, 292–93, 127 P.3d 187, 195–96 (2005). ... On her Motion for Reconsideration, the Patient properly raised a new argument regarding the statutory interpretation of Idaho Code sections 6-1012 and 6-1013. This precise issue has not yet been addressed by the Court. Therefore, this Court finds that the appeal was not unreasonable and denies Dr. Gallegos-Main’s request for attorney’s fees.

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

Harper v. Drzayich · filed 2012-05-07

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party and such an award is appropriate when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). Drzayich asserts that, despite knowingly foregoing a trial transcript, Harper pursued this appeal without foundation. We agree. Therefore, we award attorney fees on appeal.

Section 12-121 does not support an appellate attorney fee award when the requesting party merely cites the section without explaining why it is entitled to fees.

Marek v. Lawrence · filed 2012-05-30

An award of attorney fees pursuant to Idaho Code section 12-121 is inappropriate where a party merely cites to the code section and fails to provide any argument as to why the party is entitled to the award pursuant to the code section.

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

Sivak v. Dept of Corrections · filed 2012-06-21

Pursuant to Idaho Rule of Civil Procedure 54(e)(1), attorney fees may only be awarded under section 12-121 when the court determines the case was brought, pursued or defended frivolously, unreasonably, or without foundation. Because we conclude this standard is satisfied here, attorney fees on appeal are awarded to the Respondents.

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

Berkshire Investments, LLC v. Taylor · filed 2012-06-01

This Court awards attorney fees on appeal pursuant to I.A.R. 41(a) and I.C. §12-121 when it 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 attorney fees on appeal only to a prevailing party, when the appeal was brought or defended frivolously, unreasonably, or without foundation.

Kugler v. Nelson · filed 2012-06-22

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

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

New Phase Investments v. Jarvis and DAFCO · filed 2012-06-29

An award of attorney fees on appeal under I.C. § 12-121 is only appropriate “when this Court has the abiding belief that the appeal was brought or defended frivolously, unreasonably or without foundation.” Lovelass, 140 Idaho at 109, 90 P.3d at 334. This is not such a case.

Section 12-121 allows appellate attorney fees only to a prevailing party, and the court may deny fees when both sides prevail in part.

Machado v. Ryan · filed 2012-06-29

Both parties seek attorney fees on appeal pursuant to I.C. § 12-121. However, only the prevailing party is entitled to attorney fees on appeal. I.C. § 12-121; I.R.C.P. 54(e)(1). “Where both parties prevail in part on appeal, this Court may deny fees.” Caldwell, 151 Idaho at 41, 253 P.3d at 715 (citing Boll v. State Farm Mut. Auto. Ins. Co., 140 Idaho 334, 344–45, 92 P.3d 1081, 1091–92 (2004)); Benz v. D.L. Evans Bank, 152 Idaho 215, ___, 268 P.3d 1167, 1184 (2012). Here, Machado has prevailed in part on appeal and the Ryans have prevailed on cross-appeal. Therefore, we decline to award attorney fees on appeal.

Section 12-121 does not authorize attorney fees on appeal when the appeal raises an issue that existing law has not plainly resolved and is therefore not frivolous.

Kinghorn v. Kelly N. Clay and BRP, Inc. · filed 2012-08-09

Since the issue of Smith’s standing was not plainly resolved by existing law, we hold that Smith’s appeal was not frivolous and BRP is not entitled to attorney fees on appeal.

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

Terry-Lee v. Young · filed 2012-08-29

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

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

Island Woods Homeowners Assoc. v. McGimpsey · filed 2012-10-16

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party and such an award is appropriate when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Rendon, 126 Idaho at 945, 894 P.2d at 776. The IWHA is the prevailing party on appeal, and we conclude that McGimpsey’s appeal has been brought frivolously, unreasonably, and without foundation.

Section 12-121 permits an attorney fee award to a prevailing party when the case was brought, pursued, or defended frivolously, unreasonably, or without foundation; the court may decline fees when each side prevails only in part on appeal.

Pioneer Irrigation District v. City of Caldwell · filed 2012-11-14

Under I.C. § 12-121 and I.R.C.P. 54(e)(1), a court may award a prevailing party attorney fees if “the case was brought, pursued or defended frivolously, unreasonably, or without foundation . . . .” Since each party has only prevailed in part on this appeal, we decline to award attorney fees to either party.

Section 12-121 allows attorney fees on appeal when the entire appeal is pursued frivolously, unreasonably, and without foundation, including an appeal that merely asks the court to reweigh the evidence.

Snider v. Arnold · filed 2012-11-15

The Sniders seek attorney fees on appeal pursuant to I.C. § 12-121. ... Because the Arnolds brought this appeal unreasonably or without foundation, the Sniders’ request for attorney fees is granted.

Section 12-121 permits attorney fees on appeal only when every issue was pursued frivolously or without foundation.

Athay v. Rich County, Utah · filed 2012-11-16

For Athay to receive attorney fees on appeal, all four issues must be pursued frivolously or without foundation.

Section 12-121 does not permit an award of attorney fees on appeal when the appeal presents a legitimate issue of law.

Brannon v. City of Coeur D'Alene, Idaho · filed 2012-11-16

Since the proper application of UOCAVA is a legitimate and triable issue of law, we decline to award attorney fees.

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

Kafader v. Baumann · filed 2012-11-28

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

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

Vierstra v. Vierstra · filed 2012-12-20

Both Michael and Susan request attorney fees on appeal pursuant to I.C. § 12-121. Because Michael has not prevailed in this appeal, he is not entitled to an award of attorney fees. ... In view of the magistrate’s approach to the Motion to Adjust, and considering that Michael correctly argued that Susan’s appeal from the Judgment to the district court was untimely, we do not find that Michael has frivolously defended this appeal. For that reason, we deny Susan’s request for attorney fees.

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

Sykes v. Schepp · filed 2012-12-24

To receive an I.C. § 12-121 award of attorney fees, the entire appeal must have been pursued frivolously, unreasonably, and without foundation.

Section 12-121 permits attorney fees on appeal when the appellant’s arguments are frivolous.

Grazer v. Jones · filed 2013-01-29

Grazer does not request any attorney’s fees in this appeal. Gordon, however, requests a fee award pursuant to I.C. § 12-121 and I.R.C.P. 54(e)(1) on the grounds that Grazer’s arguments in this appeal are frivolous. As discussed above, none of Grazer’s arguments are persuasive, and many of them are unsupported by any authority, are utterly implausible, or are clearly contrary to prior decisions rendered by this Court. Therefore, we grant Gordon his attorney’s fees in this appeal.

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

Pope v. Heitman · filed 2013-02-19

An award of attorney fees may be granted on appeal under Idaho Code § 12-121 and Idaho Appellate Rule 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. ... Therefore, this Court is left with the abiding belief that this appeal has been brought frivolously, unreasonably, and without foundation. Accordingly, we award attorney fees on appeal to Pope.

Section 12-121 allows appellate attorney fees when an appeal is brought or defended frivolously, unreasonably, or without foundation, but a cogent contrary argument can defeat a fee request.

De Geus v. De Geus · filed 2013-02-22

Such an award will be made when this Court is left with the belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... Although the majority of this Court holds that the result is controlled by the recent decision of our Supreme Court in Silsby, which was also followed by the district court in the intermediate appeal, the appellant has presented a cogent argument to the contrary. We conclude that the appeal was not pursued unreasonably or without foundation. Accordingly, the respondent’s request for an award of attorney fees under I.C. § 12-121 is denied.

Section 12-121 does not authorize attorney fees on appeal in cases where the materialmen’s lien fee provision in § 45-513 applies.

Magleby v. Kevin · filed 2013-02-26

We deny the Garns’ request for attorney fees pursuant to I.C. § 12-121 as the statute upon which they rely does not apply to this appeal. ... Despite earlier suggestions to the contrary, see, e.g., Stonebrook Const., LLC v. Chase Home Fin., LLC, 152 Idaho 927, 933, 277 P.3d 374, 380 (2012), we have recently held that attorney fees are not available on appeal under I.C. § 12-121 in cases where I.C. § 45-513 applies.

Section 12-121 does not support appellate attorney fees when the appeal raises a cognizable claim that is not frivolous, unreasonable, or without foundation.

Mickey v. Halinga · filed 2013-03-05

Mickey claims he is entitled to attorney fees on appeal pursuant to Idaho Code § 12-121 and Idaho Appellate Rule 11.2. ... Here, the appellants made a cognizable claim that was not frivolous, i.e., whether it is excusable neglect for a spouse to fail to respond to a complaint where he has not been informed by the other spouse of the service. ... Therefore, we decline to award Mickey attorney fees on appeal.

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

Phillips v. Jacobson · filed 2013-03-29

However, Chance has not pursued or defended this case frivolously, unreasonably or without foundation. Thus, neither party is awarded attorney fees on appeal.

Section 12-121 permits the prevailing party to receive attorney fees on appeal when the opposing party pursued or defended the case frivolously, unreasonably, or without foundation.

Phillips v. Jacobson · filed 2013-04-11

Because the district court’s decision to set aside the sheriff’s sale is reversed, Jacobson is the prevailing party on appeal. As a result, Jacobson is eligible for attorney fees under I.C. § 12- 121. However, Chance has not pursued or defended this case frivolously, unreasonably or without foundation. Thus, neither party is awarded attorney fees on appeal.

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

Hansen v. Roberts · filed 2013-04-16

This Court only awards attorney fees under this statute when “an appeal was brought, pursued, or defended in a manner that was frivolous, unreasonable, or without foundation.” Clair v. Clair, 153 Idaho 278, ___, 281 P.3d 115, 128 (2012).

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

Sun Surety v. Fourth Judicial Dist Ct · filed 2013-04-18

The State seeks an award of attorney fees under I.A.R. 41(d) and Idaho Code § 12-121. We do not view this appeal as being pursued frivolously, unreasonably, or without foundation. Accordingly, the request for attorney fees is denied.

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

In the Matter of Almon D. Manes · filed 2013-04-24

To receive an I.C. § 12–121 award of fees, the entire appeal must have been pursued frivolously, unreasonably, and without foundation. ... We conclude that the entire appeal has been pursued frivolously, unreasonably, and without foundation. Therefore, we award Samson attorney fees as the prevailing party.

Section 12-121 allows appellate attorney fees for a prevailing party when the opposing position was frivolous, unreasonable, or without foundation; a question of law the court had not directly addressed did not warrant fees.

Ravenscroft v. Boise County · filed 2013-05-13

Section 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.” Gerdon v. Rydalch, 153 Idaho 237, 280 P.3d 740, 748 (2012). The appeal in this case involved a question of law that this Court has only indirectly addressed. Because this Court has not directly addressed the question of whether a board’s decision to terminate an employee is reviewable under I.C. § 31-1506, no attorney fees are awarded on appeal.

A party seeking appellate attorney fees under Idaho Code § 12-121 must support the request with argument; a fleeting citation to the section is insufficient.

Sims v. Daker · filed 2013-05-23

Here, the Simses fleetingly cited I.C. § 12-121, provided no argument to support their claim for attorney fees, and abandoned the issue, never to return to it. They are therefore not entitled to attorney fees on appeal.

Section 12-121 permits appellate attorney fees to a prevailing party only when the action was pursued, defended, or brought frivolously, unreasonably, or without foundation; good faith legal arguments do not warrant fees.

Baruch v. Clark · filed 2013-05-31

The Court will award fees to a prevailing party in certain limited circumstances as authorized by I.C. § 12-121. ... They should only be awarded when the court believes “that the action was pursued, defended, or brought frivolously, unreasonably, or without foundation.”

Section 12-121 does not authorize appellate attorney fees for a prevailing party when the opposing appeal, though weak, has some foundation because of ambiguous language in a plat.

Ross v. Dorsey · filed 2013-06-20

The Respondents did prevail on appeal but are not entitled to an award of fees under I.C. § 12-121. Although the foundation of the Dorseys’ case was weak, because of the ambiguous language in the Plat, their case was not altogether without foundation.

Section 12-121 permits attorney fees on appeal to a prevailing party when the appeal was pursued frivolously and without foundation by repeating unsuccessful arguments.

Pelayo v. Pelayo · filed 2013-06-21

In this case, Bertha is the prevailing party and we find that Pedro has pursued this appeal frivolously and without foundation. He has merely retreaded arguments made without success below. We are asked to second-guess decisions that were properly made by the magistrate judge and upheld by the district judge. Accordingly, Bertha is entitled to attorney fees under I.C. § 12- 121.

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

McDavid v. Kiroglu · filed 2013-07-25

Idaho Code § 12-121 and Idaho Appellate Rule 41(a) authorize such an award if the Court “is left with an abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation.” Karlson v. Harris, 140 Idaho 561, 571, 97 P.3d 428, 438 (2004). We do not find that standard satisfied here.

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

Bagley v. Thomason · filed 2013-08-16

“To receive an I.C. § 12– 121 award of fees, the entire appeal must have been pursued frivolously, unreasonably, and without foundation.” Carrillo v. Boise Tire Co., Inc., 152 Idaho 741, 756, 274 P.3d 1256, 1271 (2012). This appeal meets that standard.