Idaho Code § 12-121

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

Billie Jo Major v. Security Eq Corp · filed 2013-08-27

Major and SEC both argue that they are entitled to attorney fees on appeal pursuant to I.C. § 12-121. Under this section a judge may award reasonable attorney’s fees to the prevailing party in a civil action. I.C. § 12-121. Because we will only award attorney fees on appeal “when the court is left with the abiding belief that the appeal was brought, pursued, defended frivolously, unreasonably or without foundation,” we award neither party attorney fees in this appeal.

Section 12-121 permits attorney fees on appeal for a prevailing party when the appeal is frivolous, unreasonable, and without foundation, but fees are not awarded when both parties prevail in part.

Ulrich v. Bach · filed 2013-08-28

The Ulrichs request attorney fees on appeal pursuant to I.C. § 12-121, which permits the award of attorney fees to a prevailing party when the Court is left with the abiding belief that the appeal is brought, pursued or defended friviously, unreasonably and without foundation. Although the Court affirms the judgment against Bach personally, the Court also vacates the judgment purporting to quiet title to the property, Since both parties prevail in part, no attorney fees are awarded.

A party seeking attorney fees on appeal under Idaho Code § 12-121 must support the request with argument as well as authority; a bare request and string of citations is insufficient.

John 1 & Jane Doe v. John (13-09)Doe · filed 2013-08-30

The entirety of their request in the brief consists of one sentence: “Respondents should receive their attorney fees and costs on appeal pursuant to I.C. § 12-121, I.R.C.P. 11, I.R.C.P. 54(d), I.R.C.P. 54(e), I.A.R. 40, and I.A.R. 41.” ... Merely requesting fees and citing to a string of authorities does not constitute supporting a request with argument. ... Accordingly, we deny Respondents’ request for attorney fees.

Section 12-121 permits an award of appellate attorney fees when the losing party presents no legitimate issue and pursues the appeal frivolously, unreasonably, or without foundation.

Steuerer v. Richards · filed 2013-10-02

Thus, Richards brought this case frivolously, unreasonably, or without foundation and Steuerer is therefore entitled to attorney fees on appeal under I.C. § 12-121.

Section 12-121 permits an award of attorney fees on appeal when a party’s claims are frivolous or unsupported by argument or authority.

Christopher F. F. Hopper v. Joseph F. and Bette P. Hopper · filed 2013-11-26

The Respondents, excepting Christina Gentry who did not file a brief on appeal, seek an award of attorney fees under I.C. § 12-121. We will award attorney fees under this provision when a party’s claims are “frivolous or unsupported by argument or authority.”

Section 12-121 allows attorney fees on appeal for a prevailing party only when the action was pursued, defended, or brought frivolously, unreasonably, or without foundation; a good faith legal argument does not warrant fees.

Mowrey v. Chevron Pipeline Co. · filed 2013-12-06

Idaho Code § 12-121 permits the Court to award fees to a prevailing party in certain limited circumstances. ... They should only be awarded when the court believes “that the action was pursued, defended, or brought frivolously, unreasonably, or without foundation.” ... Because their appeal and briefing was filed with the Court before this Court’s decision in McCallister, the Mowrey’s appeal was supported by a good faith legal argument. Thus, neither party is entitled to attorney fees on appeal.

Section 12-121 does not support an award of attorney fees on appeal when neither party pursued the matter frivolously, unreasonably, or without foundation.

McVicars v. Christensen · filed 2013-12-27

Both parties request attorney fees on appeal pursuant to I.C. § 12-121. Neither party pursued the matter frivolously, unreasonably, or without foundation. Attorney fees are denied to both parties.

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

Termination of Parental Rights · filed 2014-01-07

An award of attorney fees may be granted to the prevailing party pursuant to I.C. § 12-121 and Idaho Appellate Rule 41. ... However, this Court is left with the abiding belief that Mother’s appeal against Parents was brought frivolously, unreasonably, and without legal or factual foundation; therefore, attorney fees are awarded to Parents.

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

Duhon v. Olbricht · filed 2014-01-28

An award of attorney fees may be granted under Idaho Code § 12-121 and Idaho Appellate Rule 41 to the prevailing party. Such an award is appropriate when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). We are not left with the abiding belief that the appeal has been brought frivolously, unreasonably, or without foundation. Thus, we decline to award attorney fees on appeal.

Section 12-121 permits denial of appellate attorney fees when an appeal raises a legitimate issue and was not brought or pursued frivolously, unreasonably, or without foundation.

Ada County v. City of Garden City Ex Rel. Garden City Council · filed 2014-02-07

The appeal was not brought or pursued frivolously, unreasonably, or without foundation. Because the Cities have raised a legitimate concern regarding the procedures to be employed under I.C. § 1-1822, we decline to award Ada County its attorney fees.

A party seeking appellate attorney fees under Section 12-121 must explain why the appeal was pursued or defended frivolously, unreasonably, or without foundation; citing the legal standard alone is insufficient.

Teurlings v. Larson · filed 2014-02-10

Although Teurlings cited the appropriate legal standard, he has advanced no argument explaining why Martinez has frivolously defended this appeal. Accordingly, he is not entitled to attorney fees on appeal.

Section 12-121 allows an award of appellate attorney fees to the prevailing party when the court finds the appeal was pursued frivolously, unreasonably, or without foundation.

Sivak v. State · filed 2014-02-13

Reasonable attorney fees will only be awarded to the prevailing party under section 12-121 when the court is left with the abiding belief the appeal was brought, pursued or defended frivolously, unreasonably and without foundation. ... For these reasons, we are convinced this appeal was pursued frivolously, unreasonably, or without foundation and award attorney fees to the State.

Section 12-121 does not support attorney fees on appeal when neither party pursued the matter frivolously, unreasonably, or without foundation.

McVicars v. Christensen · filed 2014-02-19

Both parties request attorney fees on appeal pursuant to I.C. § 12-121. Neither party pursued the matter frivolously, unreasonably, or without foundation. Attorney fees are denied to both parties.

Section 12-121 allows appellate attorney fees to a prevailing party when the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation; neither party receives fees when each prevails in part and the appeal has a reasonable foundation.

Morgan v. Michael A. Demos, M.D. · filed 2014-03-19

“Under I.C. § 12–121, attorney fees are awarded to the prevailing party if the court is left with the belief that the proceeding was brought, pursued, or defended frivolously, unreasonably, or without foundation.” Harris v. State, ex rel. Kempthorne, 147 Idaho 401, 406, 210 P.3d 86, 91 (2009). There is no indication that this appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation. In fact, each party has prevailed in part. Therefore, neither party is entitled to attorney fees on appeal.

Section 12-121 does not support an award of appellate attorney fees when the appeal raises unresolved legal issues and seeks in good faith to extend existing law.

Robinson v. Mueller · filed 2014-04-01

However, this appeal presented issues of unresolved law and a good faith request to extend existing law. Therefore, attorney fees will not be awarded to Mueller under I.C. § 12-121.

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

Sapient Trading v. Bach · filed 2014-04-29

We are left with the abiding belief that the appeal has been brought frivolously, unreasonably, and without foundation. Accordingly, we award attorney fees on appeal to Sapient Trading under Idaho Code § 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.

Mahnami v. Mahnami · filed 2014-05-13

An award of attorney fees may be granted under Idaho Code § 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). Mother’s arguments, while not persuasive, were not frivolous. Therefore, we conclude that Father is not entitled to attorney fees.

Section 12-121 permits an award of attorney fees on appeal to a prevailing party when the opposing party pursues claims without foundation.

Venable v. Internet Auto Rent & Sales, Inc. · filed 2014-06-17

As the prevailing party, Internet Auto is entitled to its fees under Section 12-121 because Venable has failed to produce evidence to show that a genuine issue of material fact exists that Internet Auto committed acts violative of any specific provision of the ICPA or that she engaged in protected activity in response.

Section 12-121 permits apportioning attorney fees to portions of a case that were frivolous, unreasonable, or without foundation, even if other issues were legitimately triable.

Idaho Military Historical Society, Inc. v. Maslen · filed 2014-06-17

This Court does back away from and clarify the overly strict application of Idaho Code section 12-121 set forth in Nampa Meridian. Apportionment of attorney fees is appropriate for those elements of the case that were frivolous, unreasonable, and without foundation.

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

Shea v. Kevic Corporation · filed 2014-06-24

“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.” Michalk v. Michalk, 148 Idaho 224, 235, 220 P.3d 580, 591 (2009). There is no indication that this appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation. Therefore, neither party is awarded attorney’s fees on appeal.

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

Mefford-Stanger v. Stanger · filed 2014-07-17

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. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). Here, even if Andrew was eligible for attorney fees, we decline to award them to either party because we conclude neither party has brought or defended the appeal frivolously, unreasonably, or without foundation.

Section 12-121 permits appellate attorney fees only when the appeal is frivolous, unreasonable, and without foundation; a factual challenge in a parental termination case may fall short of that standard because of the liberty interest at stake.

Doe v. Jane Doe (2014-12) · filed 2014-08-25

An award of attorney fees on appeal is proper under I.C. § 12-121 only if this Court is left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably, and without foundation. ... However, considering the gravity of the liberty interest affected in parental termination cases, the appeal in this case challenging factual findings based on conflicting evidence was not frivolous. ... Accordingly, the Does’ request for attorney fees on appeal is denied.

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

Brown v. Brown · filed 2014-10-31

An award of attorney fees may be granted under I.C. § 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. ... Although Michael prevailed on appeal, we are not persuaded that Heather defended this appeal 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.

Searcy v. State Bd of Corrections · filed 2015-01-14

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. ... Here, we decline to award attorney fees because we conclude that Searcy has not brought or defended the appeal frivolously, unreasonably, or without foundation.

Section 12-121 does not warrant appellate attorney fees when the appeal presents a nonfrivolous question of law.

Britanie Bell v. Eagy · filed 2015-01-22

Considering I.C. §§ 7-610 and 12-121, Eagy’s appeal presents a nonfrivolous issue involving a question of law. Therefore, attorney fees are not merited.

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

Lytle v. Lytle · filed 2015-03-16

An award of attorney fees under I.C. § 12-121 and I.A.R. 41 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). Julie’s request for attorney fees is granted because this Court is left with the abiding belief that Charles’s appeal has been brought unreasonably and without legal foundation.

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

Lamont v. Lamont · filed 2015-04-21

Krissy requests attorney’s fees pursuant to I.A.R. 41 and Idaho Code sections 12-120 and 12-121. “An award of attorney fees on appeal pursuant to I.C. § 12-121 is permitted for a prevailing party when the Court determines that an appeal was brought, pursued, or defended in a manner that was frivolous, unreasonable, or without foundation.” Clair, 153 Idaho at 291, 281 P.3d at 128. Krissy submits that Matthew brought this appeal frivolously, unreasonably, or without foundation. We agree. As we discussed above, child custody disputes are left to the sound discretion of the trial court, and the magistrate court here did an exceptional job of carefully and thoughtfully deciding this case within the applicable legal standards. We are not convinced that there are any genuine issues of law or legitimate issues of fact presented by this appeal. See Telford Lands LLC v. Cain, 154 Idaho 981, 993, 303 P.3d 1237, 1249 (2013). Therefore, we award Krissy attorney’s fees on appeal.

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

Boswell v. Amber Dawn Steele · filed 2015-04-21

Both parties request attorney fees on appeal under Idaho Code § 12-121. That section allows an award of attorney fees to the prevailing party. Attorney fees under section 12-121 “may be awarded by the court only when it finds, from the facts presented to it, that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.R.C.P. 54(e)(1). Although the appellants and not the respondents are the prevailing parties, we do not find that the defense of the appeal was frivolous, unreasonable, or without foundation. Therefore, neither party is awarded attorney fees on appeal.

Section 12-121 does not warrant appellate attorney fees for a prevailing party when the appeal was not brought frivolously, unreasonably, or without foundation.

Sharma v. Sharma · filed 2015-04-30

On appeal, Usha requests attorney fees pursuant to I.C. § 12-121, arguing the appeal was made frivolously, unreasonably, and without foundation. ... In this case Usha is the prevailing party, but we do not conclude that Niraj’s appeal has been brought frivolously, unreasonably, or without foundation.

Section 12-121 permits appellate attorney fees when an appeal lacks adequate record citations and relevant legal authority.

Panagiotou v. Eliopulos · filed 2015-07-14

In Woods, the Supreme Court awarded attorney fees under I.C. § 12-121, where the appellant’s arguments and allegations did not contain sufficient citation to the record, nor cite to relevant legal authority in compliance with I.A.R. 35(a)(6). Woods, 150 Idaho at 61, 244 P.3d at 205. We will follow this precedent and award attorney fees to Panagiotou pursuant to I.C. § 12-121.

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

Dunn v. Black · filed 2015-11-10

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.

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.

Meagan Gillmore (Graves) v. Gillmore · filed 2015-12-31

An award of attorney fees under I.C. § 12-121 and Idaho Appellate Rule 41 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 do not have an abiding belief that Meagan brought this appeal frivolously or unreasonably. The respondent’s request for attorney fees is denied.

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

Hayes v. Dept of Corrections · filed 2016-01-05

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.” Thomas v. Madsen, 142 Idaho 635, 640, 132 P.3d 392, 397 (2006). Having reviewed the record, we conclude that this standard is satisfied here; therefore, attorney fees in defending against this appeal are awarded to Respondents.

Section 12-121 does not warrant appellate attorney fees when the appeal was not frivolous.

RE: The Estate of Gordon Thomas Lanham · filed 2016-02-24

On appeal, Appellant did not act frivolously. Therefore, neither party is entitled to fees under I.C. §§ 12-121 and 12-123, I.R.C.P. 11, or I.A.R. 11.2.

Section 12-121 permits appellate attorney fees when the appeal was brought or defended frivolously, unreasonably, or without foundation, but prevailing alone does not entitle a party to fees.

Klein v. Moore · filed 2016-03-03

An award of attorney fees under I.C. § 12-121 is not a matter of right to the prevailing party, but is appropriate when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Pocatello Hosp., LLC v. Quail Ridge Med. Investor, LLC, 157 Idaho 732, 742, 339 P.3d 1136, 1146 (2014). In this case, we decline to award attorney fees and costs on appeal because we do not believe Moore’s appeal was pursued frivolously.

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

Lepper v. Eastern Idaho Health Services · filed 2016-03-04

Respondents request attorney fees on appeal pursuant to Idaho Code section 12-121 and Idaho Appellate Rules 40 and 41. All three provisions allow for attorney fees on appeal to the prevailing party. I.C. § 12-121; I.A.R. 40; I.A.R. 41. Since Respondents are not the prevailing parties on this appeal, we decline to award attorney fees.

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.

Matthews v. Sallaz · filed 2016-03-14

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. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). Although Matthews largely attempted to re-argue issues previously decided, we cannot say that Matthews brought this appeal frivolously, unreasonably, or without foundation. Therefore, we decline to award attorney fees to the respondents.

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

Sheets v. BofA / Countrywide Home Loans · filed 2016-04-26

We find Sheets’ appeal to have been pursued frivolously, unreasonably, and without foundation. Thus, we award Bank of America attorney fees under Idaho Code section 12-121.

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

PHH Mortgage v. Nickerson · filed 2016-04-27

“To receive an I.C. § 12–121 award of fees, the entire appeal must have been pursued frivolously, unreasonably, and without foundation.” ... We hold that the Nickersons have pursued this appeal frivolously, unreasonably, and without foundation. Thus, Chase is entitled to an award of attorney fees incurred on appeal.

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

Orndorff v. Padlo · filed 2016-09-07

Under I.C. § 12-121, a prevailing party can recover attorney fees if the claim was brought, pursued, or defended frivolously, unreasonably, or without foundation. ... We decline Stephanie’s request for attorney’s fees because John’s arguments were not frivolous, unreasonable, or without foundation.

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

Watson v. Bank of America · filed 2016-09-15

NTS seeks attorney fees pursuant to I.C. § 12-121. Because Craig attempted to raise claims regarding the handling and succession of his loan, we cannot say he brought this appeal frivolously, unreasonably, or without foundation. Thus, NTS is not entitled to attorney fees on appeal.

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.

Jane Doe (2016-8) v. Doe · filed 2016-09-22

Finally, both parties seek attorney fees on appeal pursuant to Idaho Code § 12-121. Because John is not the prevailing party, he is not entitled to attorney fees. Regarding Jane’s request, attorney fees may be awarded under this provision only where an appeal is brought or defended frivolously, unreasonably, or without foundation. Vierstra v. Vierstra, 153 Idaho 873, 881, 292 P.3d 264, 272 (2012). We do not find that John brought this appeal frivolously, unreasonably, or without foundation. Thus, we do not award attorney fees on appeal.

Before March 1, 2017, § 12-121 allowed appellate attorney fees to a prevailing party when the entire appeal was pursued frivolously, unreasonably, and without foundation.

Shepherd v. Shepherd · filed 2016-09-29

“To receive an I.C. § 12-121 award of fees, the entire appeal must have been pursued frivolously, unreasonably, and without foundation.” ... We find that Nancy’s appeal has been pursued frivolously, unreasonably, without foundation, and she has failed to show that the lower courts incorrectly applied well-established law. Therefore, we award attorney fees on appeal to John.

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

Watson v. Bank of America · filed 2016-10-27

NTS seeks attorney fees pursuant to I.C. § 12-121. Because Craig attempted to raise claims regarding the handling and succession of his loan, we cannot say he brought this appeal frivolously, unreasonably, or without foundation. Thus, NTS is not entitled to attorney fees on appeal.

Section 12-121 allows attorney fees on appeal only to a prevailing party, and fees may be denied when the losing party presents a genuine issue of law.

Samples v. Dr. Ray W. Hanson · filed 2016-11-01

Here, Dr. Hanson is not the prevailing party on appeal and therefore is not entitled to an award of fees. Although the Samples have prevailed in this appeal, we find that Dr. Hanson presented a genuine issue of law as to the prerequisites for an expert to become familiar with the community standard of health care practice in a medical malpractice action. Therefore, we decline to award the Samples attorney fees.

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

Jane Doe I v. John Doe II John Doe II and Jane Doe II v. Jane Doe I and John Doe I · filed 2016-11-02

This Court has held that attorney fees can be awarded on appeal under Idaho Code section 12-121 “only if the appeal was brought or defended frivolously, unreasonably, or without foundation.” Doe v. Doe, 149 Idaho 669, 675, 239 P.3d 774, 780 (2010) (citing Gustaves v. Gustaves, 138 Idaho 64, 71, 57 P.3d 775, 782 (2002)). We cannot conclude that either party’s conduct in this appeal was frivolous, unreasonable, or without foundation.

Section 12-121 permits discretionary attorney fees on appeal when a party pursues the appeal frivolously, unreasonably, or without foundation.

Eagle Equity Fund, LLC v. TitleOne Corp. · filed 2016-11-25

An “award of attorney fees under Idaho Code § 12-121 is not a matter of right to the prevailing party, but is appropriate [] 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.” Teurlings v. Larson, 156 Idaho 65, 75–76, 320 P.3d 1224, 1234–35 (2013) (quoting Michalk v. Michalk, 148 Idaho 224, 235, 220 P.3d 580, 591 (2009). With respect to TitleOne, EEF appealed from a district court finding that it failed to present evidence of damages beyond mere speculation. On appeal, EEF still provides nothing but speculation. Indeed, EEF even admitted before the district court that any expert brought to testify with regards to damages “literally would have to speculate,” and yet still appealed the issue to this Court. Because the appeal on this issue was pursued frivolously, unreasonably and without foundation we grant reasonable attorney’s fees to Title One.

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

Harrentsian v. Gennieve and Frank Hill · filed 2016-12-09

We award attorney’s fees and costs to Respondents pursuant to Idaho Code section 12- 121 because Appellant’s appeal was pursued frivolously, unreasonably, and without foundation.

Section 12-121 permits an award of appellate attorney fees to the prevailing party when the appeal is frivolous, unreasonable, or without foundation, including when the appellant fails to show error in applying settled law or adds no new analysis or authority.

Candace "Andi" W. Elliott · filed 2017-01-20

Alternatively, 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 the present case, Elliott failed to demonstrate the district court erred in its application of well-established law or add any new analysis or authority to well-reasoned authority. Therefore, Young is awarded attorney fees and costs on appeal.

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

Geiger v. Elliott · filed 2017-03-20

Geiger requested attorney fees pursuant to I.C. § 12-121. She argued the appeal was taken in a manner that was frivolous, unreasonable, and without foundation, in light of the district court’s holding. We agree. Thus, we find that an award of attorney fees to Geiger, pursuant to I.C. § 12-121, is appropriate in this case.

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

Nichols v. Kanaley · filed 2017-03-21

However, 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 finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... These arguments lack foundation in the law. Accordingly, attorney fees are awarded to the respondents.

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

Walton v. Gotch · filed 2017-04-26

An award of attorney fees may be granted under I.C. § 12-121 and Idaho Appellate Rule 41 to the prevailing party and such an award is appropriate when the court finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... Walton unreasonably brought this appeal. Accordingly, we award attorney fees on appeal to Gotch.

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

Sauer v. Jefferson County · filed 2017-04-26

On appeal, 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 finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Sauer did not request attorney fees on appeal. The respondents did request attorney fees on appeal; however, 4 the respondents are not the prevailing party and therefore are not entitled to attorney fees on appeal.

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

Eddington v. State · filed 2017-05-08

Eddington requests attorney fees and costs on appeal pursuant to I.C. § 12-121. However, the defense of this appeal was not frivolous, unreasonable, or without foundation and we decline to award attorney fees.

Section 12-121 permits attorney fees on appeal when an appellant repeats arguments rejected below without significant new analysis or authority and fails to address the basis of the district court’s ruling.

Fuquay v. Low · filed 2017-06-29

The Fuquays did not supplement their briefing with new analysis or authority to support their arguments and did not address the basis for the district court’s decision on their motion for reconsideration until their reply brief. Thus, the Kings and the Lows are entitled to attorney fees and costs on appeal.

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

Boswell v. Amber Dawn Steele · filed 2017-09-06

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 finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation.

Section 12-121 does not authorize an award of appellate attorney’s fees when neither party presented frivolous arguments.

Regan v. Owen · filed 2017-09-08

We hold that neither the Owens nor the Regans proffered frivolous arguments on appeal. Because there was no frivolous conduct, no attorney’s fees are awarded on appeal.

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

Thompson v. Thompson · filed 2017-09-22

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 finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... Accordingly, we affirm the district court’s award of attorney fees and award attorney fees on appeal to Ronald.

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

Searle v. Searle · filed 2017-11-08

This Court, in any civil action, may award reasonable attorney fees to the prevailing party. I.C. § 12-121; Doe (2016-7), 161 Idaho at 79, 383 P.3d at 1249. “This Court has held that attorney fees can be awarded on appeal under Idaho Code section 12-121 ‘only if the appeal was brought or defended frivolously, unreasonably, or without foundation.’ ” Id. (citation omitted). Here, we cannot conclude that either party’s conduct in this appeal was frivolous, unreasonable, or without foundation. Therefore, neither party is entitled to attorney fees on appeal.

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

Mortensen v. Berian and Sturgis · filed 2017-12-21

This statute permits courts to “award reasonable attorney’s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” ... The Mortensons are the prevailing party in this appeal and we find it appropriate to award attorney fees to the Mortensons under Idaho Code section 12-121.

Section 12-121 does not allow attorney fees on appeal when the opposing party’s claims are not frivolous or without foundation.

Lincoln Land Co v. LP Broadband · filed 2017-12-26

Additionally, Lincoln Land’s claims were not frivolous or without foundation; thus, attorney fees are denied pursuant to Idaho Code section 12-121.

Section 12-121 does not authorize attorney fees on appeal merely because the appeal fails; an appeal that is not frivolous or without foundation does not warrant fees.

Mendez v. University Health Svcs BSU · filed 2018-01-17

Section 12-121 allows the Court to “award reasonable attorney’s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. ... Though unsuccessful, we find that Mendez’s appeal was not frivolous or without foundation. We do not award fees under these sections.

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.

Kirby v. Scotton · filed 2018-03-09

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 finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... Accordingly, we decline to award attorney fees to the Kirbys.

A good faith argument to overturn existing case law that is neither frivolous nor unreasonable and has a foundation does not warrant attorney fees under § 12-121.

Farm Bureau Mut. Ins. Co. of Idaho v. Cook · filed 2018-03-30

Farm Bureau requests attorney’s fees under Idaho Code section 12-121, which allows the Court to “award reasonable attorney’s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. The Cooks made a good faith argument to overturn existing case law. While we were not persuaded, they did not pursue the case frivolously or unreasonably. Their arguments were not without foundation. We do not award fees.

Section 12-121 permits attorney fees on appeal when the action was brought, pursued, or defended frivolously, unreasonably, or without foundation; fees are denied when the appeal does not meet that standard.

Nielson v. Talbot · filed 2018-04-04

Fees are appropriate when the Court determines that the action was “brought, pursued, or defended frivolously, unreasonably, or without foundation.” I.C. § 12-121 (as amended by 2017 Idaho Laws Ch. 47 (H.B. 97)). ... Although the Nielsons did not prevail on their claim against the Talbots, their appeal was not frivolous, unreasonable or without foundation. As such, no attorney fees are awarded.

Section 12-121 permits attorney fees on appeal when the appeal was pursued frivolously, unreasonably, or without foundation; reasoned arguments do not warrant fees.

Baker v. KAL, LLC · filed 2018-04-05

KAL did not pursue this appeal frivolously, unreasonably or without foundation. It made reasoned arguments in a case with a complex and sometimes confusing history. Consequently, attorney fees pursuant to Idaho Code section 12-121 are not appropriate.

Section 12-121 does not warrant appellate attorney fees when the appellant raises a significant issue and the respondent reasonably argues for changing the standard of review.

Nunez v. Johnson · filed 2018-05-07

In this instance, neither party is entitled to attorney fees. Nunez did not fail to present any significant issue on appeal. ... Likewise, Johnson reasonably argued for modification of our standard of review. Accordingly, we decline to award attorney fees.

Section 12-121 permits attorney fees on appeal when an appeal lacks foundation and offers no reason to revisit settled law.

Dahmer v. Blackburn · filed 2018-05-11

In Graham, 138 Idaho at 614, 67 P.3d at 93, the Idaho Supreme Court awarded fees on appeal under I.C. § 12-121 on the grounds that the case was without foundation, the law was well-settled in this area, and there was no compelling reason to reconsider the Court’s prior decisions. ... Dahmer cites to no authority handed down since Graham that would allow us to reconsider application of the no direct action rule in this case. Accordingly, State Farm and Bice are entitled to recover attorney fees on appeal pursuant to I.C. § 12-121.

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

Taylor v. Taylor · filed 2018-07-27

Here, we cannot say that either party’s arguments were frivolous, unreasonable, or without foundation. Given the lengthy and arduous history of this case, we cannot say either party was unreasonable in their attempts to appeal or defend their positions. Accordingly, we do not award attorney fees to either party pursuant to Idaho Code section 12-121.

Section 12-121 permits reasonable attorney’s fees to the prevailing party when a case is brought, pursued, or defended frivolously, unreasonably, or without foundation; reasonably raised appellate issues do not warrant fees even if some arguments misconstrue the lower court’s rulings.

Smith v. Smith · filed 2018-07-30

Section 12-121 allows for an award of reasonable attorney’s fees to the prevailing party in cases that have been brought, pursued or defended frivolously, unreasonably or without foundation. I.C. § 12-121. Although some of Vernon’s arguments on appeal misconstrue certain findings and conclusions of the magistrate court, other issues have been reasonably raised in an attempt to sort out a procedurally complex action. Given this, it cannot be said that this appeal was pursued frivolously, unreasonably, or without foundation, and we will decline to award fees pursuant to section 12-121.

Section 12-121 permits an award of appellate attorney fees to the prevailing party when an appeal frivolously rehashes rejected arguments without foundation.

PHH Mortgage v. Nickerson · filed 2018-08-01

We find that the Nickersons pursued this appeal frivolously, unreasonably, and without foundation—just as they did in their prior appeal. Accordingly, PHH is entitled to an award of attorney’s fees on appeal.

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.

WF Bank v. Kincaid · filed 2018-08-02

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 finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. An action is pursued, defended, or brought frivolously, unreasonably, or without foundation, “when an appellant has only asked the appellate court to second-guess the trial court by reweighing the evidence or has failed to show that the district court incorrectly applied well-established law.” Snider v. Arnold, 153 Idaho 641, 645-46, 289 P.3d 43, 47-48 (2012). Those circumstances have been met in this case. Consequently, Wells Fargo, as the prevailing party, is entitled to attorney fees and costs pursuant to I.C. § 12-121.

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

Wozniak v. Puckett · filed 2018-08-22

Wozniak requests that this Court award her attorney fees, pursuant to Idaho Appellate Rule 41, I.C. § 12-120, and I.C. § 12-121. This Court will not award attorney fees “if the losing party brought the appeal in good faith and presented a genuine issue of law.” Clearwater REI, LLC v. Boling, 155 Idaho 954, 962, 318 P.3d 944, 952 (2014). In normal circumstances, this Court will only award attorney fees if we are left with the abiding belief that the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation. Id.

Section 12-121 permits attorney fees on appeal only when the case was pursued frivolously, unreasonably, or without foundation; a reasonable appeal presenting an unsettled question of law does not qualify.

Lanham v. Fleenor · filed 2018-11-07

This Court may award attorney’s fees on appeal pursuant to Idaho Code Section 12-121 only when it “finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” ... The core issue turns on an unsettled question of law. The issue before this Court is a matter of first impression. The Will did not include the phrase “power of appointment.” It was therefore reasonable for Thomas to appeal in order to have an unsettled question of law answered. Consequently, Fleenor’s request for attorney’s fees is denied.

Section 12-121 does not support appellate attorney fees when the appeal was not frivolously pursued.

Westover v. Idaho Counties Risk Mgmt · filed 2018-11-28

ICRMP asks that it be awarded attorney fees under Idaho Code section 12-121 because Westover’s appeal was “brought, pursued, or defended frivolously, unreasonably or without foundation.” We are not persuaded that Westover’s appeal has been frivolously pursued. Accordingly, we do not award attorney fees to ICRMP.

Section 12-121 permits denial of appellate attorney fees when the losing party reasonably relied on a statute to seek review.

Regan v. Denney · filed 2019-02-05

In this case, though we have determined section 34-1809(4) to be unconstitutional, we note that Regan was not unreasonable in relying on such provision in bringing his petition before this Court. Because Regan relied on section 34-1809(4) to seek review from this Court, we decline to award attorney fees on appeal pursuant to section 12-121.

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

T3 Enters., Inc. v. Safeguard Bus. Sys., Inc. · filed 2019-02-21

We also decline to award attorney fees on appeal pursuant to Idaho Code section 12-121 or Texas Appellate Rule 45. ... SBS's arguments were not frivolous, unreasonable, or without foundation. Accordingly, we do not award attorney fees on appeal.

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

Draeger v. McMullen · filed 2019-03-11

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party and is appropriate when the court finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Because McMullen pursued this appeal without providing an adequate record demonstrating that his claims are properly before this Court, we conclude the appeal is without foundation and award attorney fees to Draeger.

Section 12-121 permits an award of attorney fees on appeal when the appellate court finds that the appeal was pursued without foundation.

Cole v. Cole · filed 2019-05-16

Attorney fees on appeal are appropriate pursuant to I.A.R. 41(a) and I.C. § 12-121 if the appellate court is left with an abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. U.S. Nat. Bank of Oregon v. Cox, 126 Idaho 733, 736, 889 P.2d 1123, 1126 (Ct. App. 1995). Because Kelly has failed to present a cogent argument challenging the district court’s intermediate appellate decision, this appeal was pursued without foundation. Darrell and Kelly are therefore entitled to an award of attorney fees on this appeal.

Section 12-121 does not authorize appellate attorney fees when the opposing appeal rests on fair interpretations of the law and is not frivolous.

Hardy v. Phelps · filed 2019-05-20

Both of the Phelpses’ interpretations of the statute were fair and so the appeal was not frivolous. Thus, the Hardys are also not entitled to an award of attorney fees.

Section 12-121 does not warrant appellate attorney fees when inconsistent appellate precedent gives a reasonable basis for the appeal.

Turcott v. The Estate of Clarence D. Bates · filed 2019-06-07

We find that attorney fees under Idaho Code section 12-121 are not appropriate because of the inconsistent application of quantum meruit and unjust enrichment damages by Idaho’s appellate courts as set forth in this opinion.

Section 12-121 does not authorize attorney fees on appeal when Idaho Code section 45-513 applies.

Regdab, Inc. v. Graybill · filed 2019-06-13

Indeed, Magleby expressly bars an award of attorney fees here: “Idaho Code section 45-513 does not authorize the award of attorney fees on appeal, nor are attorney fees available on appeal under Idaho Code section 12-121 in cases where Idaho Code section 45-513 applies.” Magleby, 154 Idaho at 200, 296 P.3d at 406.

Section 12-121 permits attorney fees on appeal for a prevailing party when the appeal is frivolous, unreasonable, or without foundation; a party who did not prevail cannot receive them.

Parkinson v. Bevis · filed 2019-09-10

Attorney fees under this statute may be awarded to the prevailing party when an appeal is brought frivolously, unreasonably, or without foundation. I.C. § 12-121. Because Bevis has not prevailed in this appeal, it was certainly not brought frivolously or without foundation. We decline to award attorney fees on appeal.

Section 12-121 permits an award of appellate attorney fees to a prevailing party when an appeal is frivolous, unreasonable, or without foundation; fees may be denied when both parties raise important issues of first impression and prevail in part.

Kelly v. Kelly · filed 2019-09-10

Attorney fees under this statute may be awarded to the prevailing party when an appeal is brought frivolously, unreasonably, or without foundation. I.C. § 12-121. Because both parties have raised important issues of first impression and prevailed in part, we decline to award attorney fees on appeal to either side.

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

Kelly v. Kelly · filed 2019-10-25

Both parties have requested attorney fees on appeal under Idaho Code section 12-121. Attorney fees under this statute may be awarded to the prevailing party when an appeal is brought frivolously, unreasonably, or without foundation. I.C. § 12-121. Because both parties have raised important issues of first impression and prevailed in part, we decline to award attorney fees on appeal to either side.

Section 12-121 permits attorney fees on appeal only when the appeal was brought or defended frivolously, unreasonably, or without foundation; a good faith legal argument generally does not warrant fees.

First Bank of Lincoln v. Land Title of Nez Perce County · filed 2019-11-18

Here, given the uncertain state of Montana law on deficiency actions, we cannot say that First Bank’s appeal is not based on a good faith legal argument. We decline to award fees under section 12-121.

Section 12-121 permits reasonable attorney fees to a prevailing party in a civil action; fees on appeal are awarded only if the appeal was brought or defended frivolously, unreasonably, or without foundation.

Steffa v. Steffa · filed 2019-11-19

Idaho Code § 12-121 provides that a court in any civil action may award reasonable attorney fees to the prevailing party. This Court has held that 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.” Doe v. Doe, 149 Idaho 669, 675, 239 P.3d 774, 780 (2010). We cannot conclude that either party’s conduct in this appeal was frivolous, unreasonable, or without foundation.

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

Franklin v. Franklin · filed 2019-11-22

This Court has held that 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.” Doe v. Doe, 149 Idaho 669, 675, 239 P.3d 774, 780 (2010). We cannot conclude that either party’s conduct in this appeal was frivolous, unreasonable, or without foundation.

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

Rencher/Sundown LLC v. Pearson · filed 2019-11-29

Attorney fees under Idaho Code section 12-121 may be awarded to the prevailing party when an appeal is brought frivolously, unreasonably, or without foundation.

Section 12-121 permits attorney fees on appeal when the court determines that the appeal was brought, pursued, or defended in a frivolous, unreasonable, or foundationless manner.

Maxwell v. Maxwell · filed 2019-12-05

Under I.C. § 12-121, an award of attorney fees on appeal is permitted when the Court determines an appeal was brought, pursued, or defended in a frivolous, unreasonable, or foundationless manner. Boe v. Boe, 163 Idaho 922, 935, 422 P.3d 1128, 1141 (2018). Here, we cannot conclude that Dimitriyana’s appeal was frivolous, unreasonable, or without foundation. Consequently, an award of attorney fees on appeal is improper.

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

Berrett v. Clark County School District · filed 2019-12-06

Attorney fees under this statute may be awarded to the prevailing party when an appeal is brought frivolously, unreasonably, and without foundation. I.C. § 12-121. Both parties raised legitimate questions for the Court to address, grounding their arguments in fact and law. Therefore, we decline to award attorney fees to any party on this basis.

Appellate attorney fees under § 12-121 are denied when the losing party pursues a good faith appeal that is not frivolous, unreasonable, or without foundation.

Pace v. Pace · filed 2019-12-13

Both Lacy and Weston request attorney fees on appeal pursuant to I.C. § 12-121. This Court will not award attorney fees “if the losing party brought the appeal in good faith and presented a genuine issue of law.” Clearwater REI, LLC v. Boling, 155 Idaho 954, 962, 318 P.3d 944, 952 (2014). In normal circumstances, this Court will only award attorney fees if we are left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation. Id. We determine Weston is not entitled to attorney fees in this case. Lacy brought the appeal based on a good faith belief that the magistrate court abused its discretion regarding a custody modification. Therefore, the appeal was not pursued frivolously, unreasonably, or without foundation, and no attorney fees will be awarded.

Section 12-121 allows attorney fees for a frivolous appeal, but an appeal seeking review of conflicting evidence in a parental termination case is not frivolous given the liberty interest at stake.

Jane Doe I and John Doe I v. Doe · filed 2019-12-20

The statute permits the court to award “reasonable attorney’s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. ... Nevertheless, because of the profound and fundamental liberty interest at stake—and the presence of some conflicting testimony at trial—we deny Grandparents’ request for attorney fees.

Section 12-121 does not allow appellate attorney fees when an appeal is pursued in good faith and is not frivolous, unreasonable, or without foundation.

Vig v. Gerdes · filed 2020-01-24

Gerdes requests that this Court award her attorney fees pursuant to Idaho Appellate Rules 35(b)(5) and 41, and I.C. § 12-121. ... We determine Gerdes is not entitled to attorney fees in this case. The Vigs brought the appeal based on a good faith belief that the district court erred regarding the defamation per se ruling. Therefore, the appeal was not pursued frivolously, unreasonably, or without foundation, and no attorney fees will be awarded.

Section 12-121 does not allow attorney fees to a prevailing party on appeal when the opposing party raised valid issues and did not pursue the appeal frivolously, unreasonably, or without foundation.

Brauner v. AHC of Boise · filed 2020-02-04

Although Brauner is the prevailing party on appeal, Aspen’s appeal was not brought or pursued frivolously, unreasonably, or without foundation. Aspen raised valid discovery issues and appropriately challenged evidentiary rulings by the district court. Therefore, Brauner is not entitled to an award of 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; losing an appeal alone does not establish frivolous conduct.

Wilson v. Wilson · filed 2020-03-23

An award of attorney fees may be granted under I.C. § 12-121 and Idaho Appellate Rule 41 to the prevailing party when the court finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. See id. Although Gary did not prevail, we cannot say he acted frivolously in pursuing this appeal. Therefore, Jennifer’s request for attorney fees is denied.

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

Newton v. MJK/BJK MBK Lake; KAKM and Idaho Dept of Lands · filed 2020-07-30

Attorney fees under this statute may be awarded to the prevailing party when an appeal is brought frivolously, unreasonably, or without foundation.

Section 12-121 permits attorney fees on appeal for the prevailing party when the appeal is brought frivolously, unreasonably, or without foundation; supported, complex appellate issues do not warrant fees.

Griffiths v. Griffiths · filed 2020-08-05

Attorney fees under this statute may be awarded to the prevailing party when an appeal is brought frivolously, unreasonably, or without foundation. ... This appeal raised complex appellate and family law issues that were supported with argument and authority. Accordingly, neither party is entitled to attorney fees on appeal.

Section 12-121 does not authorize appellate attorney fees where both parties raise complex issues of first impression and neither pursues the case frivolously, unreasonably, or without foundation.

Ferguson v. Ferguson · filed 2020-09-24

Neither party is entitled to attorney fees on appeal. The parties raised complex issues of trust law that were matters of first impression in Idaho. Neither party pursued their case frivolously, unreasonably, or without foundation. Accordingly, we decline to award section 12- 121 attorney fees.

Appellate attorney fees under § 12-121 are unwarranted when the appeal raises meaningful legal issues.

Fisk v. McDonald · filed 2020-10-23

Under this standard, no party is entitled to attorney’s fees because several meaningful issues of law have been raised in this appeal. The arguments of the parties revolved around genuine issues of law regarding the requirements for an out-of-area expert to become familiar with the community standard of care in a medical malpractice action. Thus, we decline to award attorney’s fees to either party.

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

Williams v. Hollinshead · filed 2020-11-02

Courts may award attorney fees to a prevailing party if the “case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. ... Here, the Petitioners prevailed on one of the issues considered on appeal—namely the award of attorney fees below. Furthermore, we cannot say that the habeas corpus action was frivolous for the reasons previously stated. Therefore, the Officials’ request for attorney fees on appeal is denied.

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

Weitz v. Weitz · filed 2020-12-22

Idaho Code section 12-121 provides for the award of reasonable attorney’s fees “[i]n any civil action . . . brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. ... We hold that Daniel pursued this appeal frivolously, unreasonably, and without foundation. Therefore, David and Tavares are entitled to attorney’s fees incurred in connection with this 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; prevailing on appeal alone does not suffice.

Secol v. Fall River Medical PLLC · filed 2021-03-22

Although the Secols are the prevailing party on appeal, we decline to award attorney’s fees pursuant to section 12-121. Notwithstanding the multiple serious legal errors at trial, we are not left with the abiding belief that Fall River’s defense of this appeal was frivolous.

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

Loftin v. Knapp · filed 2021-05-25

However, 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 finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Here, Aaron failed to address (in his opening brief) the district court’s basis for dismissing his intermediate appeal. Consequently, his appeal is frivolous and Clarita is entitled to attorney fees on appeal.

Section 12-121 allows attorney fees against a party for a frivolous appeal even when counsel is separately sanctioned for arguments counsel advanced.

BrunoBuilt, Inc. v. Erstad Architects, PA · filed 2023-03-21

While we have concluded above that counsel is solely responsible for the sanctionable legal arguments advanced on behalf of BrunoBuilt, such a conclusion does not preclude an award of attorney fees against BrunoBuilt under section 12-121 for the remaining issues.

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

Plasse v. Reid · filed 2023-05-02

As a result of this frivolous appeal, we award Plasse attorney fees pursuant to Idaho Code section 12-121.

Section 12-121 permits reasonable attorney fees to a prevailing party when an appeal is pursued frivolously or unreasonably.

Marquette v. Falck · filed 2024-08-16

Pursuant to I.C. § 12-121, the Falcks’ appeal was pursued frivolously and unreasonably.

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

Perron v. Martinez · filed 2025-03-05

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 finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation.

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

Khalsa v. Ridnour · filed 2026-02-09

Therefore, we hold that Khalsa pursued this appeal frivolously and without foundation. Accordingly, while Ridnour is not entitled to attorney fees on appeal under the Agreement, she is entitled to attorney fees under Idaho Code section 12-121.

Section 12-121 permits an appellate court to award reasonable attorney fees for a frivolous, unreasonable, or unfounded portion of an appeal and apportion the award to that portion.

KIRK HARTMAN, Individually, and as Surviving Spouse of Sheri Hartman; KIRK HARTMAN, as Personal Representative of the Es · filed 2026-06-01

This Court may award reasonable attorney fees to the prevailing party upon finding that “the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. “Apportionment of attorney fees is appropriate for those elements of the case that were frivolous, unreasonable, and without foundation.” Idaho Mil. Hist. Soc’y, Inc. v. Maslen, 156 Idaho 624, 632, 329 P.3d 1072, 1080 (2014). ... Accordingly, we conclude that the Hartmans’ appeal of the district court’s orders striking their expert witnesses as a discovery sanction was frivolous, unreasonable, and without foundation, and we apportion an award of attorney fees for the Emergency Providers’ and Orthopedic Surgeon’s defense against that single claim on appeal.

Section 12-121 does not support an attorney’s fee award for an appeal raising an issue of first impression that is not frivolous.

United Investors Life Insurance v. Severson · filed 2007-01-16

It cannot be said Severson brought this appeal frivolously as this is an issue of first impression and not a well settled area of law. Therefore, we also decline to award attorney’s fees to Diaz.

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

McCuskey v. Canyon County Commissioners · filed 1996-02-20

The court’s discretion is further limited where attorney fees are awarded under I.C. § 12-121 to only those instances where a case “was brought, pursued or defended frivolously, unreasonably or without foundation.” I.R.C.P. 54(e)(1). We have often stated that such fees are awardable on appeal “if the law is well settled and appellant has made no substantial showing that the district court misapplied the law.” ... For these reasons, Canyon County’s request for attorney fees for this appeal is granted.

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

Bowles v. Pro Indiviso, Inc. · filed 1999-02-03

The respondents have requested attorney fees pursuant to I.C. § 12-121 and I.A.R. 41. An award of attorney fees is appropriate “if the law is well-settled and the appellants have made ‘no substantial showing that the district court misapplied the law.’ ” ... Hence, we conclude that it is proper to award attorney fees in favor of the respondents Pro Indiviso, Kent and Carolee Carlson, and Evelyn Harris.

Section 12-121 permits attorney fees on appeal when the law is well settled and the appellants make no substantial showing that the district court misapplied it.

Hardy v. McGill · filed 2002-02-23

The Respondent Hardy has also requested an award of fees under I.C. § 12-121. That request will be granted. “An award of attorney fees is appropriate if the law is well-settled and the appellants have made no substantial showing that the district court misapplied the law.”

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

King v. Lang · filed 2002-02-26

The Knapps and Langs both claim entitlement to attorney fees on appeal under I.C. § 12-121 because French’s appeal is frivolous and presents no real issues of law. An award of attorney fees on appeal is appropriate “if the law is well-settled and the appellants have made no substantial showing that the district court misapplied the law.” ... French’s claims are unreasonable, lacking in foundation and frivolous.

Section 12-121 permits attorney fees on appeal when a claim is without foundation under well-settled law.

Graham v. State Farm Mutual Automobile Insurance · filed 2003-04-03

State Farm claims attorney fees under I.C. § 12-121 on the grounds that this case was without foundation. The Court agrees. The law is well-settled in this area, and there is no compelling reason to reconsider the Court’s prior decisions.

Section 12-121 permits attorney fees on appeal when an appellant challenges an arbitrator’s factual and legal rulings despite settled law limiting judicial review of those rulings.

Mumford v. Miller · filed 2006-05-25

As we have discussed, Mumford’s arguments amount to a disagreement with the arbitrator’s factual findings and legal conclusions. This Court’s precedents clearly and repeatedly hold that the grounds upon which a court may review an arbitrator’s decision are narrow and specifically delineated, and complaints about factual and legal rulings are not among them. Because the law is well settled, the respondents are entitled to attorney fees under I.C. § 12-121.

Section 12-121 permits an award of attorney fees on appeal when the appeal lacks a significant legal issue and merely reargues facts or introduces evidence outside the record.

Huerta v. Huerta · filed 1995-05-22

In this case, Robert attempts to reargue facts that he was unable to establish at trial. He also attempts to introduce on appeal new facts and evidence that were not in the record below. No cogent legal arguments are made and there is nothing in Robert’s argument requesting a repeal or modification of existing law. Accordingly, we deem an award of attorney fees under I.C. § 12-121 to be appropriate in the case.

Section 12-121 permits attorney fees on appeal when the appeal lacks foundation, including when it merely asks the appellate court to reconsider conflicting evidence.

DeChambeau v. Estate of Smith · filed 1999-03-01

Attorney fees may be awarded on appeal pursuant to I.A.R. 41 and I.C. § 12-121 if an appeal was brought without foundation. ... We may grant attorney fees if an appeal “simply invite[s] an appellate court to second-guess the trial court on conflicting evidence.” ... This requisite threshold is met in this appeal, and we award DeChambeau reasonable attorney fees on appeal.

Section 12-121 permits attorney fees on appeal when the appeal merely asks the court to revisit conflicting evidence and presents no substantial legal argument.

Rowley v. Fuhrman · filed 1999-08-05

The Fuhrmans have asked this Court to reevaluate the evidence or second-guess the trial court’s findings based on conflicting evidence. No substantial legal argument has been presented. Rowley is awarded attorney fees on appeal.

Section 12-121 permits attorney fees on appeal when the appeal merely challenges factual findings supported by substantial evidence and raises no meaningful legal issue.

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

As noted, where an appeal simply disputes the trial court’s factual findings, which are supported by substantial although conflicting evidence, the appeal is considered frivolous and an award of attorney fees is proper under I.C. § 12-121.

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

Reed v. Reed · filed 2002-01-17

Specifically, attorney fees are appropriate if an appeal simply invites an appellate court to second-guess the trial court on conflicting evidence.

Section 12-121 permits attorney fees on appeal when the appeal merely asks the appellate court to second-guess factual findings supported by substantial evidence.

Margairaz v. Siegel · filed 2002-06-24

Margairaz has requested an award of attorney fees on appeal pursuant to I.C. § 12-121 on the ground that Siegel brought the appeal frivolously, unreasonably and without foundation. An appeal is frivolous and unreasonable if it does no more than invite an appellate court to second-guess the trial court’s findings based on conflicting evidence. ... Siegel’s appeal has merely asked that we overturn factual findings of the magistrate that are plainly supported by substantial evidence. Therefore, attorney fees are awarded to Margairaz on appeal.

Section 12-121 permits an attorney fee award when an appeal merely asks the appellate court to second-guess the trial court’s weighing of evidence.

Wiley v. Furman · filed 2026-02-20

Where an appeal merely invites the appellate court to second-guess the trial court’s weighing of the evidence, an award of fees under I.C. § 12-121 is appropriate. The record supports the district court’s determination. Accordingly, the district court did not abuse its discretion in awarding Wiley attorney fees and costs on intermediate appeal.

Section 12-121 permits a court to apportion attorney fees when one claim is frivolous but another presents a debatable issue.

Nampa Charter School, Inc. v. DeLaPaz · filed 2004-04-23

Next, DeLaPaz argues she is entitled to the full amount of attorney fees under I.C. § 12-121 because this case was pursued frivolously, unreasonably or without foundation. ... The trial court did not abuse its discretion because the issue of whether NCS can maintain an action for libel and slander is a debatable issue. The district judge had broad discretion to apportion the attorney fees DeLaPaz claimed, and no abuse of that discretion occurred.

Section 12-121 permits reasonable attorney fees on appeal when the appeal is pursued or defended frivolously, unreasonably, or without foundation; a mixed result can warrant denying fees.

Moore v. Omnicare, Inc. · filed 2005-07-22

The Court has interpreted I.C. § 12-121 to allow for the award of reasonable attorney fees where an appeal has been pursued and/or defended frivolously, unreasonably or without foundation. ... However, in the totality of this case there is a mixed result. Attorney fees are not awarded.

Section 12-121 allows appellate attorney fees for the appeal of a frivolous claim, limited to fees related to that claim when other claims are also appealed.

Hughes v. George B. Fisher, LLC · filed 2006-01-27

Because we affirm the district court’s reasoning behind its award of attorney fees to Fisher under I.C. § 12-121, Fisher is entitled to attorney fees related only to the appeal of the Prescriptive Easement case and not to those fees engendered by the appeal of the Pothier case.

Section 12-121 permits attorney fees on appeal to a prevailing party when the case was brought, pursued or defended frivolously, unreasonably or without foundation; a partial reversal and remand did not support such a finding.

Ransom v. Topaz Marketing, L.P. · filed 2006-12-22

Attorney’s fees may be awarded to the prevailing party pursuant to this section if this Court finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation. ... Because this case is reversed in part, vacated in part and remanded, there is no basis for finding that the appeal was frivolous or unreasonable and, therefore, attorney’s fees are not awarded to either party.

Section 12-121 permits a discretionary award of attorney fees on appeal in a lien foreclosure case when the appeal was brought without foundation.

W. F. Construction Co. v. Kalik · filed 1982-10-12

In our view this appeal has presented no genuine issue of law. We conclude the appeal was brought without foundation. We believe it is appropriate to award attorney fees on appeal to the contractor, the prevailing party under I.C. § 12-121.

Section 12-121 authorizes attorney fees on appeal in actions to foreclose labor and material liens when the appeal is brought or pursued without foundation.

Christensen v. Idaho Land Developers, Inc. · filed 1983-03-08

Such an award will be made if the appeal has been brought, pursued or defended frivolously, unreasonably or without foundation. ... We conclude that the appeal was brought and pursued without foundation. Attorney fees on appeal will be awarded, in an amount to be determined as provided by I.A.R. 41(d).

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

Fairchild v. Fairchild · filed 1984-01-31

We hold that this appeal was brought frivolously, unreasonably and without foundation. Therefore, we will award attorney fees on this appeal to the respondents, in an amount to be determined as provided in I.A.R. 41(d).

Section 12-121 permits attorney fees on appeal when the appellant’s claims are unreasonable, without merit, and frivolously pursued.

Andre v. Morrow · filed 1984-04-13

After reviewing the entire proceedings of this case, we are left with the firm conviction that appellants’ claims were unreasonable, without merit and frivolously pursued. I.C. § 12-121; ... Costs and attorney fees on appeal to respondent.

Section 12-121 permits attorney fees on appeal when the appellate court has an abiding belief that the appeal was brought frivolously, unreasonably or without foundation, including an appeal that merely asks the court to second-guess factual findings.

DeMarco v. Stewart · filed 1984-11-14

Attorney fees will be awarded under I.C. § 12-121 when the appellate court is left with an “abiding belief that the appeal was brought ... frivolously, unreasonably or without foundation.” ... We believe the present appeal is similar. Therefore, we award reasonable attorney fees, to be determined under I.A.R. 41.

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

Lind v. Perkins · filed 1984-12-31

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.

Section 12-121 permits a reasonable attorney fee on appeal when the appeal was pursued without foundation.

Nenoff v. Graham · filed 1985-04-15

Graham and Swanson also request attorney fees on appeal under I.C. § 12-121. Based on the record before us, we are constrained to hold that the appeal was pursued without foundation. Graham and Swanson are thus entitled to a reasonable attorney fee on appeal, in addition to their costs.

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

Jonasson v. Gibson · filed 1985-04-17

Jonasson also requests attorney fees on appeal under I.C. § 12-121. Since we believe that this appeal was pursued unreasonably and without founda- ... tion, we award attorney fees to respondent, Jonasson, in addition to costs.

Section 12-121 permits an award of attorney fees on appeal when the opposing party pursued the appeal unreasonably.

Tudor Engineering Co. v. Mouw · filed 1985-10-31

Neal has requested attorney fees on appeal pursuant to I.C. § 12-121 and I.R.C.P. 54(e)(2). Because we conclude that Tudor has acted unreasonably in pursuing this appeal, vve grant Neal’s request for attorney fees on appeal.

Section 12-121 permits an attorney fee award on a civil appeal when the court concludes that the appeal was brought frivolously, unreasonably or without foundation.

Simonovich v. Simonovich · filed 1985-11-01

Under that statute, which applies generally to any civil appeal, we will award attorney fees if we are left with an abiding belief that the appeal was brought frivolously, unreasonably or without foundation. ... This appeal was brought without foundation. The wife is entitled to a reasonable attorney fee award.

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

Eimco Division v. United Pacific Insurance · filed 1985-12-04

Of course, attorney fees might also be awarded under I.C. § 12-121 if the action had been pursued frivolously, unreasonably or without foundation. ... However, we do not believe this appeal should be so characterized.

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

Nagel v. Wagers · filed 1986-10-20

The respondents have requested attorney fees on appeal under I.C. § 12-121. An award under the statute will be made if we are left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably or without foundation. ... Accordingly, we hold that the appeal was brought without foundation. The respondents are entitled to a reasonable award of attorney fees, to be determined under I.A.R. 41.

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

McPherson v. McPherson · filed 1987-01-30

We believe this appeal was brought unreasonably and without foundation. ... The husband has presented neither a genuine legal issue nor a cogent challenge to the judge’s exercise of discretion. Accordingly, we award fees under I.C. § 12-121.

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

Evans v. Park · filed 1987-01-30

The Parks have requested attorney fees on appeal. We believe the appeal was brought unreasonably and without foundation. See Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979). Evans has presented neither a genuine legal issue nor a cogent challenge to the judge’s exercise of discretion. Accordingly, we award fees under I.C. § 12-121.

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

Keller v. Rogstad · filed 1987-02-12

Both respondents, Helen Keller and Anna Louise Vendramin, have requested an award of attorney fees pursuant to I.C. § 12-121 and I.A.R. 41 on the grounds this appeal was brought frivolously, unreasonably and without foundation. ... We conclude that these criteria exist in this appeal and, therefore, respondents are entitled to an award of reasonable attorney fees on appeal as determined within I.A.R. 41.

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

Brotherhood of Railway & Airline Clerks v. Idaho Public Utilities Commission · filed 1987-03-26

Burlington Northern requests attorney fees for defending this appeal pursuant to I.C. § 12-121 and I.A.R. 41. We agree with Burlington Northern’s assertions that B.R.A.C. brought this appeal unreasonably and without foundation. ... Therefore, an award of attorney fees to Burlington Northern is appropriate in this case.

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

Ada County Highway District v. Smith · filed 1988-01-26

Both the Smiths and the ACHD have requested attorney fees on appeal pursuant to I.C. § 12-121 and I.R.C.P. 54(e)(1). While ACHD is the prevailing party in this appeal, we decline to award fees. The appeal has not been taken or pursued frivolously, unreasonably or without foundation.

Section 12-121 applies to divorce appeals and permits an appellate court to award attorney fees when the appeal is brought frivolously and without foundation.

Hentges v. Hentges · filed 1988-12-02

However, I.C. § 12-121 applies to all civil actions. Thus, where an appeal in a divorce case is brought frivolously and without foundation, an appellate court may award fees under that statute.

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

Parsons v. Beebe · filed 1989-07-06

Rule 54(e)(1), I.R.C.P., provides that attorney fees under I.G. § 12-121 may be awarded if the court “finds, from the facts presented to it, that the case was brought, pursued, or defended frivolously, unreasonably or without foundation____” We do find that this appeal was brought unreasonably and without foundation. We therefore award attorney fees on appeal to all respondents as against the appellant, Robert Parsons, Jr., in an amount to be determined as provided in I.A.R. 41(d).

Section 12-121 permits an attorney-fee award when the issues raised were frivolous, unreasonable or without foundation.

IHC Hospitals, Inc. v. Board of Commissioners · filed 1990-02-02

Moreover, we think the issues raised by Bingham County in the district court were not frivolous, unreasonable or without foundation as required for an award of fees under I.C. § 12-121.