Idaho Code § 12-121

Section 12-121 authorizes reasonable attorney fees on appeal when the appeal was brought without foundation.

Roselle v. Heirs and Devisees of Grover · filed 1990-03-13

We agree that the appeal was brought without foundation. Accordingly, we will award reasonable attorney fees to the Grover heirs under I.C. § 12-121 to be determined in accordance with I.A.R. 41.

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

Cosgrove v. Merrell Dow Pharmaceuticals, Inc. · filed 1990-03-29

Respondent prays for attorney fees on appeal pursuant to I.R.C.P. 54(e)(1) and I.C. § 12-121, alleging that appellants have only attempted to find a more sympathetic trier of fact, and that there is no factual or legal substance to any of the issues raised by appellants in their attack on the jury's unanimous verdict. After reviewing the voluminous record, exhibits, transcripts, and briefs in this case, and after re-listening to the oral arguments presented by the parties on appeal, we are left with the abiding belief that the appeal was brought and pursued frivolously, unreasonably and without foundation. I.R.C.P. 54(e)(1). Accordingly, this Court awards attorney fees on appeal to respondent.

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

Federal Land Bank v. Parsons · filed 1990-07-26

Idaho Code § 12-121 provides that “[i]n any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties ...” This statute applies to appeals. ... We find that this appeal was brought unreasonably and without foundation.

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

Artiach Trucking, Inc. v. Wolters · filed 1990-10-05

Artiach seeks attorney fees on appeal under I.C. § 12-121. An award under this section will be made if an appellate court finds that the appeal was brought or pursued frivolously, unreasonably or without foundation. I.R.C.P. 54(e)(1). We are not left with the abiding belief that this appeal falls into this category. Consequently, we decline to award fees on appeal to respondent.

Section 12-121 permits attorney fees to a prevailing respondent when an appeal is unreasonable and without foundation because it merely seeks a reevaluation of the facts.

Troche v. Gier · filed 1990-10-29

An award of attorney fees to the prevailing party may be granted under I.C. § 12-121 when this Court is left with the belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... We conclude that the Giers’ appeal was unreasonable and without foundation because they sought merely a reevaluation of the facts by this Court.

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

Kukuruza v. Kukuruza · filed 1991-07-03

We agree that the appeal was without foundation, entitling the respondent to an award of attorney fees and costs under I.C. § 12-121, to be determined according to I.A.R. 40 and 41.

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

Blaser v. Cameron · filed 1991-09-04

We will make such an award to the prevailing party on appeal only if we are left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably, or without foundation.

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

Treasure Valley Bank v. Butcher · filed 1992-02-25

Treasure Valley Bank also has requested attorney fees under I.C. § 12-121. Having reviewed the record and arguments presented, this Court is left with the abiding belief that the appeal was brought frivolously, unreasonably and without foundation. ... Consequently, Treasure Valley Bank is also entitled to an award of reasonable attorney fees.

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

Nollenberger v. Nollenberger · filed 1992-05-20

We affirm the judgment entered by the magistrate judge and the award of attorney fees awarded by the district judge on appeal. The husband pursued not only that appeal, but also this one, frivolously, unreasonably, and without foundation. Therefore, we award not only costs on this appeal, but also attorney fees.

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

Jarman v. Hale · filed 1992-09-29

Jarman’s request for attorney fees pursuant to I.C. § 12-121 is hereby granted. ... This Court is left with the abiding belief that the appeal was brought unreasonably and without foundation.

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

Clear Springs Trout Co. v. Anthony · filed 1992-12-24

Because we conclude that this appeal was taken and pursued frivolously, unreasonably, and without foundation, and because the lease and option to purchase provide for the award of attorney fees to the prevailing party in any action for enforcement, we award Clear Springs' attorney fees in addition to costs on appeal. I.C. § 12-121; I.R.C.P. 54(e)(1); Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979).

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

Heer v. J.R. Simplot Co. · filed 1993-06-01

The Union has also requested attorney fees under I.C. § 12-121. Having reviewed the record and arguments presented, this Court is left with the abiding belief that the appeal was brought frivolously, unreasonably and without foundation.

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

Higley v. Woodard · filed 1993-09-29

An award of attorney fees is appropriate under this section only when this Court determines, from the record as a whole, that the case was brought, pursued or defended frivolously, unreasonably or without foundation. ... As a consequence, this Court is left with the abiding belief that this appeal was brought unreasonably and without foundation. Under these circumstances, Woodward is entitled to attorney fees on appeal in an amount to be determined under I.A.R. 41(d).

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

McHugh v. McHugh · filed 1993-10-01

She also has requested attorney fees under I.C. § 12-121. Having reviewed the record and arguments presented, a majority of this Court is left with the abiding belief that the appeal was brought frivolously, unreasonably and without foundation. ... Consequently, Elisabet is also entitled to an award of reasonable attorney fees, to be determined as provided in I.A.R. 41.

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

Savage Lateral Ditch Water Users Ass'n v. Pulley · filed 1993-10-20

Where an appeal is brought frivolously, unreasonably and without foundation, attorney fees may be awarded on appeal.

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

Templeton v. Hogue · filed 1994-01-04

The Templetons request that we grant attorney fees on appeal pursuant to I.C. § 12-121. ... Accordingly, we find that the appeal was pursued frivolously and without foundation, and we award attorney fees to the Temple-tons.

Section 12-121 permits attorney fees when an appeal lacks a legal or factual foundation.

Hilton v. Hilton · filed 2021-09-27

We agree with the district court’s finding. Cynthia’s petition and appeal were clearly another effort to continue the lengthy, costly, and vexatious litigation between the parties. The award of attorney fees below was appropriate.

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

Rueth v. State · filed 1982-04-30

Finally, the Rueths request an award of reasonable attorney fees on appeal as the prevailing party. I.C. § 12-121, I.A.R. 41. In Minich v. Gem State Developers, Inc., 99 Idaho 911, 918, 591 P.2d 1078, 1085 (1979), several general principles were stated for determining when such an award would be justified: "Since the statutory power is discretionary, attorney fees will not be awarded as a matter of right. Nor will attorney fees be awarded where the losing party brought the appeal in good faith and where a genuine issue of law was presented. In normal circumstances, attorney fees will only be awarded when this court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation." In the instant case a dispassionate view of the record discloses there was no valid reason to anticipate reversal of the judgment below on the factual grounds urged. The record contains abundant evidence supporting the determination of the judge and jury. Similarly, the arguments and authorities advanced in support of the two legal issues presented on appeal failed to establish how the discretionary decisions of the district court not to bifurcate the issues involved in the trial or to act upon the motion for a view arose to the level of error. Judgment affirmed. Costs and attorney fees on appeal to respondents.

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

Avondale on Hayden, Inc. v. Hall · filed 1983-02-02

Avondale and the other respondents, who are the prevailing parties, seek an award under I.C. § 12-121. Such an award is appropriate if the appellate court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.

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

Scott v. Castle · filed 1983-04-26

Castle requests an award of attorney fees on this appeal, as prevailing party. I.C. § 12-121, I.A.R. 41. Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979) authorizes an award of reasonable attorney fees where an appeal is brought, pursued or defended frivolously, unreasonably or without foundation. ... In our view, this appeal was brought and pursued unreasonably and without foundation. Accordingly, we award attorney fees on appeal to Castle, in an amount to be determined as provided in I.A.R. 41(d).

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

Matter of Estate of Irwin · filed 1983-06-07

Finally, the respondent heirs request an award of attorney fees on appeal, as the prevailing parties. I.C. § 12-121, I.A.R. 41. Such an award is appropriate when we are left with an abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation.

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.

Gatchel v. Butler · filed 1983-06-07

Finally, the respondent heirs request an award of attorney fees on appeal, as the prevailing parties. I.C. § 12-121,1.A.R. 41. Such an award is appropriate when we are left with an abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation.

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

Ace Realty, Inc. v. Anderson · filed 1984-05-18

The Andersons request an award of attorney fees on their cross-appeal, pursuant to I.C. § 12-121 and I.R.C.P. 54(e)(1). Those provisions allow an award of attorney fees to the prevailing party in a civil action if that action is “brought, pursued or defended frivolously, unreasonably or without foundation.” We conclude that the Victors did not defend against this appeal frivolously, unreasonably or without foundation. We decline to award attorney fees to the Andersons.

Section 12-121 permits attorney fees on appeal when the opposing party defends the appeal frivolously, unreasonably, or without foundation.

Pickering v. El Jay Equipment Co., Inc. · filed 1985-05-01

Pickering’s request for attorney fees on appeal is denied because we do not believe El Jay defended this appeal frivolously, unreasonably, or without foundation.

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

Lewiston Pre-Mix Concrete, Inc. v. Rohde · filed 1985-08-02

Finally, we decline to award attorney fees to either party on appeal under I.C. § 12-121 because we believe that neither the appeal nor the cross-appeal was brought, pursued or defended frivolously, unreasonably or without foundation.

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

O'Boskey v. First Federal Savings & Loan Ass'n · filed 1987-04-08

As provided in I.A.R. 41(a) (Supp.1986), plaintiffs have applied for an award of attorney’s fees on appeal pursuant to I.C. § 12-121 (1979) and I.R.C.P. 54(e)(1) (1980). The standard for such an award on appeal is the same as at the district court level. Where an appeal is brought or defended “frivolously, unreasonably or without foundation,” then the appellate court will grant an application for attorney’s fees.

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

NBC Leasing Co. v. R & T FARMS, INC. · filed 1988-04-28

Both parties seek attorney fees on appeal pursuant to I.C. § 12-121. Our standard for determining whether attorney fees on appeal should be awarded under that statute is well known. Attorney fees will be awarded only when this court is left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.

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

Sinclair & Co., Inc. v. Gurule · filed 1988-06-01

Attorney fees will be awarded to the prevailing party on appeal when we are left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation. ... In our view Gurule’s appeal was frivolous and without foundation. Accordingly, we award attorney fees on appeal to Sinclair, the amount to be determined under I.A.R. 41(d).

Section 12-121 permits an award of reasonable attorney fees for defending an appeal brought without foundation.

Krebs v. Krebs · filed 1988-07-07

Finally, Patricia requests attorney fees on appeal pursuant to I.C. § 12-121. She asserts that Arthur’s appeal was brought frivolously and without foundation. We agree. ... We are left with the abiding belief that this appeal was brought without foundation. Accordingly, we hold that Patricia is entitled to an award of a reasonable attorney fee on appeal, to be determined under I.A.R. 41.

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

Excel Leasing Co. v. Christensen · filed 1989-02-06

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

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

Wells v. Williamson · filed 1989-08-30

Attorney fees are appropriate where we are left with an abiding belief ... that an appeal has been brought or defended frivolously, unreasonably or without foundation. I.C. § 12-121; ... We therefore conclude that Williamson’s appeal was brought unreasonably and without foundation. Attorney fees are awarded to Wells in an amount to be determined under I.A.R. 41(d).

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.

Durrant v. Christensen · filed 1990-01-17

Christensen has requested an award of attorney fees on Durrant and Sellers' direct appeal as provided for by I.A.R. 41(a) and I.C. § 12-121. Such an award is appropriate when we are left with an abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979). We are of the opinion that the direct appeal by Durrant and Sellers falls within the Minich standard. The appellants, Durrant and Sellers, have presented no persuasive argument that the district court, in granting attorney fees, abused its discretion or misapplied the law, and we award attorney fees on appeal to Christensen in an amount to be determined as provided by I.A.R. 41(d).

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

Matter of Estate of Bagley · filed 1990-06-06

This statute authorizes attorney fees on appeal if a case is brought or defended frivolously, unreasonably or without foundation. Matter of the Estate of Irwin, 104 Idaho 876, 664 P.2d 783 (Ct.App. 1983). We find no fairly debatable merit to Hoopes' contention that his Rule 60(b)(6) motion was proper. Therefore, as authorized by I.C. § 12-121, we award attorney fees in this appeal to Bagley.

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

Hoopes v. Bagley · filed 1990-06-06

This statute authorizes attorney fees on appeal if a case is brought or defended frivolously, unreasonably or without foundation. ... We find no fairly debatable merit to Hoopes’ contention that his Rule 60(b)(6) motion was proper. Therefore, as authorized by I.C. § 12-121, we award attorney fees in this appeal to Bagley.

Section 12-121 permits a discretionary attorney fee award when an action was brought, pursued or defended frivolously, unreasonably or without foundation; denial is reviewed for abuse of discretion.

Alpert v. Boise Water Corp. · filed 1990-06-14

Idaho law provides for an award of attorney fees when the court finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation. Idaho Code § 12-121; I.R.C.P. 54(e)(1) or 54(e)(2). The award of attorney fees is within the discretion of the district court and in absence of an abuse of discretion such an award, or lack thereof, will not be disturbed on appeal. Anderson v. Ethington, 103 Idaho 658, 651 P.2d 923 (1982). Upon review of the district court's award of costs and denial of attorney fees we find no abuse of discretion.

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

Brooks v. Brooks · filed 1990-12-19

We further conclude that the district court did not err in declining to award attorney fees to either party on appeal. Matt has specifically requested a discretionary award of attorney fees under I.C. 12-121 and I.R.C.P. 54(e)(1). Ordinarily, attorney fees will be awarded only when the court is left with the belief that the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation. ... This case was not pursued or defended frivolously.

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

Blanc v. Laritz · filed 1991-02-06

In general, attorney fees will not be awarded on appeal under I.C. § 12-121 unless the appellate court is “left with the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.” ... We remand the issue of attorney fees to the district court so that it may state its reasons under Minich for the award.

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

Bott v. Idaho State Building Authority · filed 1992-08-07

An award of attorney fees is allowed on appeal pursuant to I.C. § 12-121 if this Court finds “that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” ... We do not find such to be the case here and do not award attorney fees under that section.

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

Everitt v. Higgins · filed 1992-09-02

A request for attorney fees under section 12-121 will be awarded when the reviewing court is left with the abiding ... belief that the appeal was brought, pursued or defended frivolously, unreasonably, or without foundation.

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

Bonaparte v. Neff · filed 1992-09-24

The Neffs ask for attorney fees on appeal pursuant to I.C. § 12-121. The award of attorney fees on appeal under that section is similar to the award made by the trial court. Thus this Court will award attorney fees where it has “the abiding belief that the appeal was brought, pursued or defended frivolously, unreasonably or without foundation.”

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

Malmin v. Engler · filed 1993-10-28

Idaho Code § 12-121 and I.A.R. 41 allow for reasonable attorney fees on appeal. An award of attorney fees on appeal is appropriate when the appeal is brought or defended frivolously, unreasonably or without foundation.

Section 12-121 permits attorney fees on appeal, but fees may be denied when treble damages already awarded would make them an unreasonable windfall and punish the appellant too harshly.

Rodwell v. Serendipity, Inc. · filed 1979-02-27

While attorney fees may be awarded on appeal pursuant to I.C. § 12-121, Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979), to allow attorney fees in this case where Rodwell's damages have already been trebled would constitute an unreasonable windfall to Rodwell and would punish appellant too harshly. Therefore, attorney fees are denied.

Section 12-121 does not support an attorney-fee award on appeal absent a showing that the appeal was maintained frivolously, unreasonably or without foundation.

Fouser v. Paige · filed 1980-06-04

No award of attorney fees is made to either party as there is no showing that this appeal was being maintained frivolously, unreasonably or without foundation.

Section 12-121 permits attorney fees on appeal even when neither party wholly prevails, but fees may be denied when the appeal was neither brought nor defended frivolously, unreasonably or without foundation.

Olmstead v. Heidelberg Inn, Inc. · filed 1983-11-22

Each party has requested an award of attorney fees on appeal under I.C. § 12-121. Neither party wholly prevailed in this appeal. While this circumstance does not preclude an award of fees, we decline to award fees because we note that this appeal was neither brought nor defended frivolously, unreasonably or without foundation.

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

Matter of Estate of Berriochoa · filed 1985-04-29

Neither is appellant entitled to attorney fees from respondents pursuant to I.C. § 12-121 since this appeal was not defended frivolously, unreasonably, or without foundation.

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

Devine v. Cluff · filed 1986-01-20

Also, in our view, the appeals taken in this case were not taken or pursued frivolously, unreasonably or without foundation. Therefore, no fees should be awarded on appeal under I.C. § 12-121.

Section 12-121 does not warrant attorney fees on appeal when the court is not left with an abiding belief that the appeal was frivolously or unreasonably pursued.

R.D. Bischoff v. Quong-Watkins Properties · filed 1987-12-31

Quong has requested attorney fees on appeal, claiming that the appeal was frivolously and unreasonably pursued. I.C. § 12-121; I.R.C.P. 54(e)(1). We are not left with the abiding belief that this appeal was frivolously or unreasonably pursued. Consequently, we deny Quong’s request for attorney fees on appeal.

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

Waters v. Double L, Inc. · filed 1988-06-03

Neither can we say that this appeal was brought frivolously, unreasonably, or without foundation by the corporation. Accordingly, we will not award fees under I.C. § 12-121.

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

Jennings v. Edmo · filed 1988-12-28

Edmo has requested attorney fees on appeal in accordance with I.C. § 12-121; I.A.R. 41. After a consideration of Edmo’s arguments we do not find that this appeal was brought unreasonably or without foundation.

Section 12-121 does not warrant attorney fees on appeal merely because an appellant loses when the appeal presents a close legal question and is not frivolous or without foundation.

Allen v. Dennie · filed 1989-04-12

The respondents have requested attorney fees under I.C. § 12-121. Although Marge Allen has not prevailed, we do not believe this appeal was frivolous or without foundation. The determination of whether the trust was ambiguous presented us with a close legal question. Under the circumstances we conclude that no award of fees on appeal should be entered.

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

Isaak v. Idaho First National Bank · filed 1990-01-09

Although the respondents comprising the LeMoyne group have also requested attorney fees under I.C. § 12-121, we decline to characterize the appeal as frivolous, unreasonable or without foundation. Therefore, the parties will bear their own attorney fees.

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

Simplot v. WILLIAM C. OWENS, MD, PA · filed 1990-02-16

Although Owens has requested attorney fees under I.C. § 12-121, we cannot say that this appeal was frivolous, unreasonable or without foundation. Therefore, the parties shall bear their own attorney fees.

Section 12-121 permits attorney fees to a prevailing party on appeal when the appeal was brought or defended frivolously, unreasonably or without foundation; significant issues with legitimate differences of opinion do not warrant fees.

In Re Western Acceptance Corp., Inc. · filed 1990-03-06

Under I.C. § 12-121 we will award attorney fees to a prevailing party in an appeal in a civil action where the appeal is brought or defended frivolously, unreasonably or without foundation. Minich v. Gem State Developers, Inc., 99 Idaho 911, 918, 591 P.2d 1078, 1085 (1979). Here, the appeal has presented significant issues about which there are legitimate differences of opinion. Although we have resolved the issues in favor of the attorney general, this is not an appropriate case in which to award attorney fees.

Section 12-121 does not support an attorney fee award on appeal when the appellant’s legal arguments are not unreasonable, frivolous or without foundation.

Wells v. Williamson · filed 1990-06-01

The Court of Appeals, in its review of the trial court’s decision, determined that Williamson’s appeal was. brought unreasonably and without foundation and awarded attorney fees under I.C. § 12-121, and I.A.R. 41(d). While the facts are undisputed, we disagree with the Court of Appeals that the legal arguments asserted by Williamson on appeal are either unreasonable, frivolous or without foundation. Accordingly, we award no attorney fees on this review, and set aside the award of attorney fees entered by the Court of Appeals.

Section 12-121 does not warrant appellate attorney fees when an unsuccessful appeal is not wholly unreasonable or frivolous.

Desfosses v. Desfosses · filed 1991-05-29

These charges are the grounds for her request for fees pursuant to I.C. § 12-121. ... Although Jim has not persuaded us that the district court’s decision was erroneous, we cannot hold that the present appeal was wholly unreasonable or frivolous. Consequently, we decline to award attorney fees to Annie on this appeal.

Section 12-121 does not authorize attorney fees on appeal when the appeal was not frivolously pursued.

Marty v. State · filed 1992-08-11

Finally, respondents have requested attorney fees on appeal under I.C. § 12-121. However, we conclude that the appeal was not frivolously pursued and deny the request.

Section 12-121 does not support appellate attorney fees when the appeal does not fall within the category of frivolous, unreasonable, and unfounded appeals.

State ex rel. Johnson v. Niederer · filed 1992-12-30

Finally, the state contends that under I.C. § 12-121 and I.A.R. 41 it is entitled to attorney fees incurred in this appeal because the appeal was pursued frivolously, unreasonably and without foundation. ... However, we are not persuaded that this appeal falls within the Minieh category so as to'justify an award of fees under I.C. § 12-121. Accordingly, no fees are awarded.

Section 12-121 permits attorney fees on appeal when the appeal is frivolous, unreasonable, and without foundation; a reasonable appeal presenting a question of first impression does not qualify.

Adams v. Krueger · filed 1993-03-30

The Adamses have requested attorney fees on appeal pursuant to I.A.R. 41 and I.C. § 12-121. This Court has held that an award of attorney fees is proper under those authorities when an appeal has been brought frivolously, unreasonably, and without foundation. ... That, however, is not the case here. Dr. Krueger raised a question of first impression under the comparative negligence statute. The answer to that question, due to some ambiguity in the statute, was not obvious. And, although we disagreed with his reading of the statute, we conclude it was reasonable for him to seek a definitive interpretation of the statute by this Court. Accordingly, the request for attorney fees is denied.

Section 12-121 does not authorize attorney fees on appeal when the appeal is not frivolous or unreasonable, including when Idaho law lacks authority on the issue appealed.

McFarland v. Curtis · filed 1993-05-25

McFarland contends that she is entitled to attorney fees on appeal pursuant to I.C. § 12-121 because Curtis’ appeal is frivolous. The appeal is not frivolous or unreasonable in light of the lack of authority regarding the standards an Idaho court should apply in deciding a motion to set aside the entry of default under I.R.C.P. 55(c). We uphold the court’s denial of Curtis’ motion to set aside the default, and we affirm the default judgment. We award no attorney fees on appeal, but award McFarland costs.

Section 12-121 does not warrant attorney fees on appeal when the legal issues prevent an abiding belief that the appeal is frivolous.

Matter of Estate of Mundell · filed 1993-08-05

Respondents' request attorney fees on appeal, pursuant to I.C. § 12-121. The language of 28 U.S.C. 408(g) and the precedent of Bowlden v. Bowlden and Bewley v. Bewley , raise issues of law. We are not left with the "abiding belief" that this appeal is frivolous. Therefore, we decline to award attorney fees on appeal.

Section 12-121 does not warrant appellate attorney fees when the court is not left with the abiding belief that the appeal was brought frivolously, unreasonably and without foundation.

Alcan Building Products v. Peoples · filed 1993-09-07

Alcan has also requested an award of attorney fees under I.C. § 12-121. Having reviewed the record and arguments presented, this Court is not left with the abiding belief that the appeal was brought frivolously, unreasonably and without foundation. ... Consequently, we decline to award attorney fees to Alcan.

Section 12-121 does not warrant attorney fees on appeal when the opposing party pursued the appeal with a reasonable basis in fact and law.

ASS'N v. Gooding County · filed 2010-02-01

Gooding County also claims it should be awarded attorney fees under I.C. § 12-121. ... However, as discussed above, the Associations acted with a reasonable basis in fact and law.

Section 12-121 allows a court to deny attorney fees on appeal to both parties when neither meets its standards for an award.

Biggers v. Biggers · filed 1982-09-08

Under the standards set forth for awarding attorney fees in I.C. § 12-121 and Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979), neither party is entitled to an award of attorney fees in this appeal.

Section 12-121 does not allow an award of appellate attorney fees to a party who has not prevailed.

Marshall v. Bare · filed 1984-08-31

Finally, both parties have requested attorney fees on appeal under I.C. § 12-121. Because Marshall has not prevailed, he is not entitled to such an award.

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

Pringle v. Pringle · filed 1985-12-24

Because this appeal has presented a substantial question of law, we decline to award attorney fees under I.C. § 12-121.

Section 12-121 does not allow attorney fees on appeal when the appellant’s issues were entirely justified under the circumstances.

Matter of Estate of Ashe · filed 1988-06-09

The respondents have claimed entitlement to attorney fees pursuant to Idaho Appellate Rule 41 and I.C. § 12-121. The respondents claim the appeal was brought without foundation and therefore, they are entitled to attorney fees on the appeal. We disagree. The issues presented by the appellant were entirely justified under the circumstances of this case. We award no attorney fees on this appeal.

Section 12-121 does not support an award of attorney fees on appeal when the appeal presents an arguable case for reversal.

Day v. CIBA Geigy Corp. · filed 1989-04-17

CIBA Geigy also requests attorney fees on appeal pursuant to I.C. § 12-121. We decline to make an award, however, because the Days presented an arguable case for reversal based on the language from Grant v. City of Twin Falls, 113 Idaho 604, 746 P.2d 1063, supra at 1018, 772 P.2d at 225.

A court may deny a request for attorney fees on appeal after considering the standards of § 12-121.

Milliron v. Milliron · filed 1989-05-01

After a consideration of his arguments and the standards set forth in I.C. § 12-121 and Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979), we decline to grant such an award.

Section 12-121 does not warrant attorney fees on appeal when the appellant had a reasonable basis to challenge the judgment.

Ramco v. H-K Contractors, Inc. · filed 1990-06-15

Ramco alleges that it is entitled to attorney fees on appeal on the ground that H-K's appeal was brought without any foundation in law or fact. We are not convinced that H-K had no reasonable basis to challenge the trial court's judgment. Accordingly, we deny attorney fees on appeal.

Section 12-121 does not allow an award of attorney fees on appeal where the appeal presents a genuine question of law.

Thomson v. Sunny Ridge Village Partnership · filed 1990-08-08

McNelis seeks an award under I.C. § 12-121. We will not award attorney fees under that statute where a genuine question of law has been presented.

Section 12-121 does not warrant attorney fees on appeal when the appellant had a reasonable basis to challenge the judgment.

PFC, Inc. v. Rockland Telephone Co. · filed 1992-05-07

Rockland has requested an award of attorney fees incurred in this appeal under I.C. § 12-121, contending that the appeal was brought or pursued frivolously, unreasonably, or without foundation. ... However, we are not convinced that PFC had no reasonable basis to challenge the trial court’s judgment. ... Accordingly, we award costs to Rockland, but no attorney fees on appeal.

Section 12-121 permits a court to decline appellate attorney fees when it resolves the appeal on grounds the fee requester did not assert or brief.

Dieziger v. Pickering · filed 1992-09-24

Although the respondent has requested an award of attorney fees under I.C. § 12-121, we have decided this case on grounds not asserted or briefed to us by the respondent and therefore we decline to make such an award.

Section 12-121 does not allow appellate attorney fees when an appeal is pursued on a meritorious, reasonable, and well founded legal theory.

Scott v. Buhl Joint School District No. 412 · filed 1993-05-19

Cross-appellants also claim attorney fees on appeal pursuant to I.C. § 12-121 and I.R.C.P. 54(e)(1), contending that the appeal was brought or pursued frivolously, unreasonably, or without foundation. We disagree. Our review of the record and the applicable law convinces us that this appeal was brought and pursued “upon a meritorious, reasonable, and well founded legal theory.”

Section 12-121 permits denial of attorney fees on appeal after applying the Minich criteria.

Craft Wall of Idaho, Inc. v. Stonebraker · filed 1985-06-03

Stonebraker requests attorney fees on appeal under I.C. § 12-121. Applying the criteria of Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979), we decline to award attorney fees on appeal.

Section 12-121 did not authorize an attorney fee award in this action for contract benefits.

Howard v. Blue Cross of Idaho Health Service, Inc. · filed 1988-06-13

We also held, unanimously, that an attorney fee award could not be made under I.C. § 12-120 or I.C. § 12-121.

Section 12-121 leaves an attorney-fee award to the trial court’s discretion, reviewable for abuse of discretion.

Chenery v. Agri-Lines Corp. · filed 1988-10-06

The decision to award attorney fees pursuant to I.C. § 12-121 rests in the sound discretion of the trial court, and will not be disturbed in the absence of a showing of abuse of discretion.

Section 12-121 permits attorney fees on appeal when the appeal raises no meaningful legal issue and merely asks the appellate court to second-guess the trial judge’s resolution of conflicting evidence.

Knowlton v. Mudd · filed 1989-06-01

In T-Craft Aero Club, Inc. v. Blough, 102 Idaho 833, 642 P.2d 70 (Ct.App.1982), we held that an award under I.C. § 12-121 is appropriate where an appeal presents no meaningful issue on a question of law but simply invites the appellate court to second-guess the trial judge on conflicting evidence. This is such a case. Therefore, we award a reasonable attorney fee, to be determined under I.A.R. 41.

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

Sun Valley Shamrock Resources, Inc. v. Travelers Leasing Corp. · filed 1990-07-05

Attorney fees are awardable if an appeal does no more than simply invite an appellate court to second-guess the trial court on conflicting evidence. ... This requirement has been satisfied by the present appeal, and we hold that the respondent is entitled to an award of reasonable attorney fees.

Section 12-121 commits attorney fee awards to the trial judge’s discretion, and an appellate court reverses only for abuse of discretion.

Stueve v. Northern Lights, Inc. · filed 1990-08-24

It is clear, under this Court’s pri- or decisions and the language of I.C. § 12-121, that the award of attorney fees pursuant to the terms of that section is committed to the sound discretion of the trial judge based on the record before the trial court, and that to overturn the determination of the trial court on appeal requires a conclusion by the appellate court that the trial court abused its discretion.

Section 12-121 does not bind a federal appellate court when it decides whether to award attorney fees on appeal.

Bell v. City of Kellogg · filed 1991-01-08

Because Rule 54(e) is procedural in nature, this court is not bound by it or § 12-121.

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

Gage v. Harris · filed 1991-03-25

The Gages also seek costs and attorney fees on appeal pursuant to I.C. § 12-121. Because we believe that this appeal was brought without any reasonable legal foundation, we award attorney fees and costs to the Gages.

Section 12-121 permits attorney fees on appeal when the appeal merely reargues facts decided in an earlier appeal.

Stewart v. Rice · filed 1992-12-08

The trial court’s findings adequately complied with the law, and therefore we view the appeal as merely rearguing the facts which were decided in the first appeal. Accordingly, we award attorney fees to respondent under I.C. § 12-121.

An attorney-fee award under § 12-121 for an unreasonable defense is an abuse of discretion when the record does not support the trial court’s finding.

Payne v. Foley · filed 1982-01-21

It is clear, therefore, that a trial court may, in its discretion, and upon proper findings, [1] award attorney's fees in an action of the present type when the matter has been defended frivolously, unreasonably or without foundation. It is axiomatic that those findings of the trial court must be supported by the record, or any such award of attorney's fees will constitute an abuse of discretion. Here we hold that the findings of the trial court are not supported by the record and hence the award of attorney's fees constituted an abuse of discretion on the part of the trial court.

Section 12-121 permits an attorney fee award only when the trial court finds that an action was pursued or defended frivolously, unreasonably, or without foundation.

McLaughlin v. Robinson · filed 1982-06-08

Award of attorney fees pursuant to I.C. § 12-121 or I.R.C.P. 54(e)(1) can be made only, when the trial court finds that an action is pursued or defended frivolously, unreasonably or without foundation.

Section 12-121 permits a discretionary attorney fee award when a claim is made or defended frivolously, unreasonably or without foundation.

Orr v. Orr · filed 1985-07-03

The younger Orrs do not dispute this holding on appeal, but they claim that an award of attorney fees should have been made under I.C. § 12-121. Such an award may be made if a claim is made or defended frivolously, unreasonably or without foundation. I.R.C.P. 54(e)(1). This determination rests in the sound discretion of the district court. ... We do not believe the district judge abused his discretion by refusing to characterize as frivolous, unreasonable or without foundation the issue of whether the arbitration agreement in this case was within the scope of the Uniform Act.

Section 12-121 requires a finding that an action was defended frivolously, unreasonably or without foundation before attorney fees may be awarded for that defense.

Golder v. Golder · filed 1986-01-20

In order to award attorney fees, the trial court would have had to find that the action was defended frivolously, unreasonably or without foundation. I.R.C.P. 54(e)(1); I.C. § 12-121. The trial judge specifically declined to make such a finding.

Section 12-121 does not allow attorney fees solely because the opposing party failed to negotiate settlement; the court must find that a criterion in Rule 54(e)(1) is satisfied.

Bosshardt v. Taylor · filed 1983-04-19

In our view, one party's failure to negotiate does not, by itself, establish the opposing party's right to attorney fees under I.C. § 12-121. An award of fees must be supported by a finding that one or more of the criteria prescribed by Rule 54(e)(1) have been satisfied.

Section 12-121 makes attorney fee awards discretionary under Rule 54(e), and a court should explain a denial when the prevailing party specifically asserts that a Rule 54(e) criterion is satisfied.

First Security Bank v. Absco Warehouse, Inc. · filed 1983-05-31

No contractual right to attorney fees was claimed by the bank, therefore its right to such fees would lie under I.C. § 12-121, the applicable statute. Awards under the statute are discretionary, subject to the criteria of Rule 54(e), I.R.C.P. ... In our view, if a prevailing party makes a specific contention that one or more of the criteria of Rule 54(e) have been satisfied, the court should state its reasons for declining to award fees.

Section 12-121 does not support an attorney-fee award when a party raises fairly debatable procedural defenses that are not governed by settled law.

Camp v. Jiminez · filed 1984-12-26

Nevertheless, each issue was fairly debatable and was not governed by settled law when the initial summary judgment and “Final Judgment and Costs” were entered. Consequently, the award of attorney fees cannot be sustained under I.C. § 12-121.

Section 12-121 does not justify attorney fees merely because a fairly debatable claim ultimately fails as a matter of law.

Gulf Chemical Employees Federal Credit Union v. Williams · filed 1984-12-28

We are, of course, mindful that an award of attorney fees under I.C. § 12-121 rests within the sound discretion of the district judge. ... But when a fairly debatable claim is deemed frivolous for no stated reason other than its ultimate failure upon a point of law, we believe discretion has been abused. Therefore, we reverse the award of attorney fees below.

Section 12-121 ordinarily does not warrant attorney fees against a father pursuing damages for the loss of his son merely because they were temporarily estranged.

Vulk v. Haley · filed 1987-04-09

There was no motion made to alter or amend the judgment of December 17, 1985 (which awarded the attorney fees) within ten days. Therefore, the district judge did not have jurisdiction to amend that judgment to change it from a Rule 68 award of attorney fees to an I.C. § 12-121 and Rule 54(e) award. Further, a father and son possess a unique relationship. Despite the temporary estrangement, it would be the unusual case where a father’s action in seeking damages for the loss of his son would be considered frivolous.

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

Thieme v. Worst · filed 1987-10-29

This section allows fees to be awarded to a prevailing party. However, the prevailing party must show that the losing party brought, pursued or defended the action frivolously, unreasonably or without foundation.

Section 12-121 does not allow an attorney-fee award when the defense was not frivolous, unreasonable, or without foundation.

Murr v. Selag Corp. · filed 1987-12-02

Neither can it be said that the defense in this case by Selag or Seafirst was frivolous, unreasonable or without foundation, so as to allow an award under former I.C. § 12-121.

Section 12-121 permits attorney fees when an action is brought unreasonably or becomes frivolous after a res judicata defense becomes apparent.

Cole v. Kunzler · filed 1989-02-01

permitting an award of fees pursuant to I.C. § 12-121 in an action brought unreasonably. ... The court also decided that “once the res judicata defense became so blatantly apparent,” further litigation became frivolous. ... We find no abuse of discretion in the court’s award of fees under Rule 54(e)(1).

Section 12-121 permits a prevailing party to recover reasonable attorney fees when an unsuccessful motion to amend a judgment is pursued frivolously, unreasonably, or without foundation.

Zehm v. Associated Logging Contractors, Inc. · filed 1989-06-13

In connection with their motion to review the original summary judgment, the Zehms offered no additional authority, theory, or reason for amending the original summary judgment, nor did they cite any error in the district court's original ruling. Hence, the district court exercised its discretion to award reasonable attorney fees to the prevailing party "when it finds from the facts presented to it that the case was brought, pursued or defended frivolously, unreasonably or without foundation." NBC Leasing Company and Lease Northwest, Inc. v. R & T Farms, Inc., 114 Idaho 141, 754 P.2d 454 (App. 1988); I.R.C.P. 54(e)(1); I.C. § 12-121.

Section 12-121 permits an attorney-fee award only upon a showing that the opposing party acted unreasonably in defending the lawsuit.

Reynolds v. American Hardware Mutual Insurance · filed 1988-12-30

Instead, to award attorney fees or not would involve I.C. § 12-121 and I.R.C.P. 54(e)(1). Under these provisions, an award of attorney fees must be based upon a showing that defendant acted unreasonably in defending the lawsuit. There has been no such showing in this case. Accordingly, plaintiff was not entitled to attorney fees.

Section 12-121 permits attorney fees based on a frivolous or unreasonable defense maintained before trial, even if the defense is withdrawn when trial begins.

Turner v. Willis · filed 1989-08-29

The frivolity and unreasonableness of a defense is not to be examined only in the context of trial proceedings. The entire course of the litigation will be taken into account. It is clear that had the defendants not interposed the sham defense of plaintiff's contributing negligence, the issue of damages might have been tried and determined much sooner.

Section 12-121 limits an attorney-fee award to issues raised frivolously, unreasonably or without foundation, even when the fee claimant prevailed on every issue.

Childers v. Wolters · filed 1988-12-30

Thus, although the county prevailed as to all issues presented on appeal to the district court, the amount awarded as attorney fees under I.C. § 12-121 should be tailored to issues raised frivolously, unreasonably or without foundation.

Section 12-121 permits fees when a claim becomes frivolous, unreasonable, or unfounded during litigation, but only for reasonable fees incurred after that point.

Ortiz v. Reamy · filed 1989-05-03

The terms “brought” and “pursued,” used disjunctively in Rule 54(e)(1), signify that a nonprevailing litigant may suffer an award of fees if a claim which is arguably meritorious when initially asserted is rendered frivolous, unreasonable or without foundation by subsequent events or information during the pendency of the suit. Of course, a fee award in such circumstances would encompass only the fees reasonably incurred by the prevailing party after the claim had ceased to be arguably meritorious.

Section 12-121 does not authorize attorney fees based on a party’s failure to enter into or conduct settlement negotiations.

Anderson v. Anderson, Kaufman, Ringert & Clark, Chartered · filed 1989-06-07

We again affirm our holdings in Payne v. Foley , and Ross v. Coleman , i.e., "that the failure to enter into or conduct settlement negotiations is not a basis for awarding attorney fees under I.C. § 12-121 and I.R.C.P. 54(e)(1)."

Section 12-121 does not support an attorney fee award to a prevailing party when the opposing claim was not pursued frivolously or unreasonably.

Brown v. Matthews Mortuary, Inc. · filed 1990-11-15

However, we reverse the trial court's award of attorney fees in the instant appeal on the basis that Ella Brown's claim was not pursued frivolously or unreasonably and an award of attorney fees to the respondents as prevailing parties was improper. I.R.C.P. 54(e)(1); I.C. § 12-121.

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

Maselli v. Ginner · filed 1991-04-16

This section allows fees to be awarded to a prevailing party. However, the prevailing party must show that the losing party brought, pursued or defended the action frivolously, unreasonably or without foundation.

Section 12-121 permits an attorney fee award despite an earlier denial of summary judgment or, in a jury trial, a motion to dismiss or for a directed verdict at the close of the plaintiff's case.

Sun Valley Shopping Center, Inc. v. Idaho Power Co. · filed 1991-01-02

In Anderson v. Ethington, 103 Idaho 658, 651 P.2d 923 (1982), this Court ruled that the denial of summary judgment does not rule out the award of attorney fees under I.C. § 12-121. ... Therefore, we conclude that the rule in Anderson, not the rule in J.M.F. Trucking, should apply to the award of attorney fees pursuant to I.C. § 12-121 and I.R.C.P. 54(e)(1) in a jury case in which a motion to dismiss or motion for directed verdict was denied at the conclusion of the plaintiff's case-in-chief.

Section 12-121 does not support attorney fees against a party whose claim raises an issue of first impression and has a nonfrivolous basis.

Abbott v. Nampa School District No. 131 · filed 1991-01-28

The trial court found that Abbotts had brought and pursued this action frivolously and without basis. We disagree. Issues of first impression have been presented to the district court and to us in these proceedings. Abbotts’ attempt to define their rights as the owners of a servient estate, in this instance, was certainly not frivolous nor without basis. The trial court’s award of attorney fees is reversed.

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

Erb v. Kohnke · filed 1992-01-07

Sarah contends that if she is successful on appeal she should be awarded attorney fees under I.C. § 12-121, which she has incurred both at trial and on appeal. We disagree. We hold that the record before the trial court would not support a finding that the action was brought or pursued frivolously, unreasonably or without foundation. I.R.C.P. 54(e)(1). For the same reason no fees will be awarded on appeal.

Section 12-121 permits attorney fees only when the court finds that a case was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Hossner v. IDAHO FOREST INDUSTRIES, INC. · filed 1992-07-21

However, this Court has deemed that attorney fees under I.C. § 12-121 may only be awarded by the court when it finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.

Section 12-121 does not require an attorney-fee award against a party who committed fraud if that party raised a reasonable, though unsuccessful, defense to the fraud claim.

Haney v. Molko · filed 1992-12-21

If we were to adopt Haney’s argument, every party found to have committed fraud would be automatically required to pay the opposing party’s attorney fees for having unsuccessfully defended against the claim of fraud. We decline to adopt such a rule. It is possible for defendants to raise a reasonable, yet unsuccessful, defense against a claim of fraud.

Section 12-121 does not support an attorney fee award based on a finding that an appeal was frivolous, unreasonable, or without foundation when the appeal establishes that the lower court erred.

Matter of Baby Boy Doe · filed 1993-03-19

The district judge also found that the tribe brought the appeal frivolously, unreasonably, and without foundation and ordered the tribe to pay more than $8,500.00 in attorney fees pursuant to I.C. § 12-121. ... Because we find the trial court was incorrect in not applying ICWA to the proceedings in this case, we reverse the district judge's award of attorney fees based on the district judge's finding that the claim was frivolous, unreasonable, or without foundation.

Section 12-121 permits denial of attorney fees when the losing party had a colorable position, even if that position rested on a mistaken view of the law.

Automobile Club Insurance v. Jackson · filed 1993-12-27

These facts at least raised a colorable argument in support of Auto Club’s non-coverage position. ... a misperception by a party of the law is not, by itself, unreasonable conduct. ... We therefore hold that the district court committed no abuse of discretion in ruling that Auto Club did not bring the declaratory judgment action frivolously or unreasonably.

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

Owner-Operator Independent Drivers Ass'n v. Idaho Public Utilities ComMission · filed 1994-03-16

An award of attorney fees is not a matter of right and a court should only award fees pursuant to § 12-121 when it is left with the abiding belief that the action was pursued, defended, or brought frivolously, unreasonably, or without foundation.

Section 12-121 permits reasonable attorney fees when a case is brought, pursued, or defended frivolously, unreasonably, or without foundation, with the award reviewed for abuse of discretion.

Foster v. Shore Club Lodge, Inc. · filed 1995-12-19

The district court awarded fees based on I.R.C.P. 54(e)(1) and I.C. § 12-121. Under those provisions, a court may award reasonable attorney fees only when the court finds the case was “brought, pursued or defended frivolously, unreasonably or without foundation; ...” I.R.C.P. 54(e)(1). The determination to award or not award attorney fees is committed to the discretion of the trial court.

Section 12-121 does not support an attorney fee award absent a finding that the opposing party brought, pursued, or defended the case frivolously, unreasonably, or without foundation.

Rohr v. Rohr · filed 1996-02-05

In this case, the court did not make a finding that Lenhart’s defenses were pursued or defended frivolously, unreasonably or without foundation. Consequently, I.C. § 12-121 would not support the award of attorney fees to Rohr.

Section 12-121 leaves attorney fee awards to the trial court’s discretion, but fees cannot rest on a finding that a legally supported claim was frivolous.

Webster v. Hoopes · filed 1994-04-05

It is well-settled that an award of attorney fees under I.C. § 12-121 is a matter left to the discretion of the trial judge. ... We therefore disagree with the district court’s conclusion that the Websters’ claim against Thomson was frivolous. ... Notwithstanding, we conclude that the district court abused its discretion in not applying the correct legal standard governing dismissals and consequently incorrectly awarded attorney fees pursuant to I.C. §§ 12-121 and 12-128.

Section 12-121 does not support an attorney fee award against a party whose claim remains reasonable and nonfrivolous under a controlling prior appeal.

Thompson v. Pike · filed 1994-06-29

We hold that it was an abuse of discretion for the trial court to award attorney fees to Pike under I.C. § 12-121.

Section 12-121 permits attorney’s fees when the losing party’s position is frivolous, unreasonable, or without foundation.

Central Paving Co. v. Idaho Tax Commission · filed 1994-08-22

Under the facts of this case, we do not find that the Commission’s actions were so clearly fallacious as to be deemed frivolous, unreasonable or without foundation. Therefore, we hold that Central Paving is not entitled to attorney’s fees under I.C. § 12-121.

Section 12-121 permits attorney fees only when an action was brought or defended frivolously, unreasonably, or without foundation.

Kelly v. Silverwood Estates · filed 1995-09-28

An award of attorney fees pursuant to I.C. § 12-121 is only proper when an action was either brought or defended frivolously, unreasonably, or without foundation.

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

Mutual of Enumclaw Insurance v. Roberts · filed 1996-03-05

A court’s ability to award attorney fees under I.C. § 12-121, however, is limited to just those eases in which the action “was brought, pursued or defended frivolously, unreasonably or without foundation.” I.R.C.P. 54(e)(1). Although Mutual has ultimately prevailed on its appeal we feel that Denise did not frivolously defend or pursue her position. There was a clear enough question of the Policy’s proper interpretation such that the award of attorney fees under this statute should be denied.

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

Henderson v. Smith · filed 1996-04-04

Under I.C. § 12-121 and I.R.C.P. 54(e), attorney fees will generally only be awarded when the court is left with the belief that the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation. ... The magistrate made no findings or conclusions that Smith’s defense of this action was frivolous or unreasonable as required under the Idaho Rules of Civil Procedure.

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

Shettel v. Bamesberger · filed 1997-03-26

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

Section 12-121 allows attorney fees only when the court finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.

Petersen v. Franklin County · filed 1997-05-30

Rule 54(e)(1) of the Idaho Rules of Civil Procedure provides that attorney fees can only be awarded pursuant to section 12-121 of the Idaho Code when the court finds that the case was “brought, pursued or defended frivolously, unreasonably or without founda-tion_” I.R.C.P. 54(e)(1). The district court did not make a finding that the County defended the action frivolously, unreasonably or without foundation. In fact the County did not defend against this claim, admitting in its answer that it had failed to provide a method of initiative and/or referendum. The award of attorney fees pursuant to I.C. § 12-121 is reversed.

Section 12-121 allows attorney fees only if the non-prevailing party’s position was frivolous, unreasonable, or without foundation.

Ferguson v. City of Orofino · filed 1998-02-20

Attorney fees are recoverable under I.C. § 12-121 only if the position taken by the non-prevailing party was frivolous, unreasonable or without foundation.

Section 12-121 limits a fee award for a claim that becomes frivolous during litigation to fees incurred after the claim lost its arguable merit.

LANDVIK BY LANDVIK v. Herbert · filed 1997-04-24

The court ought to have awarded only that portion of Herbert’s attorney fees attributable to legal services rendered after the point at which it became frivolous and unreasonable for Landvik to persist in pursuing the claim against Herbert.

Section 12-121 does not support attorney fees for a claim backed by a good faith argument to extend or modify Idaho law, because such a claim is not frivolous.

Allstate Insurance v. Mocaby · filed 1999-08-30

Moreover, Mocaby’s legal arguments to support her action for negligent supervision should not be found to be so plainly fallacious and without merit as to be deemed frivolous; rather, Mocaby’s claim is supported by a good faith argument for the extension or modification of the law in Idaho. Therefore, we hold that the district court abused its discretion in awarding attorney fees to Allstate under I.C. § 12-121 and I.R.C.P. 54(e)(1).

Section 12-121 requires a prevailing party seeking attorney fees to establish that the opposing party brought, pursued, or defended the action frivolously, unreasonably, or without foundation.

Treasure Valley Concrete, Inc. v. State · filed 1999-04-30

In order to receive an award of attorney fees under I.C. § 12-121, the prevailing party must establish that the opposing party brought, pursued or defended the action “frivolously, unreasonably or without foundation.”

Section 12-121 permits attorney fees only when the court finds that the case was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Simons v. Simons · filed 2000-08-01

Under Idaho Code § 12-121 attorney fees “may be awarded by the court only when it finds, from the facts presented to it, that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.R.C.P. 54(e)(1).

Section 12-121 does not support an attorney fee award when the opposing party’s defense was not wholly frivolous, unreasonable, or without foundation.

Harwood v. Talbert · filed 2001-12-28

This statute permits a trial court to award attorney fees to the prevailing party in any civil action when the court finds from the facts presented to it, “that the ease was brought, pursued or defended frivolously, unreasonably or without foundation.” ... We hold that Talbert’s case was not completely defended unreasonably, without foundation or frivolously. We therefore vacate the award of attorney fees granted by the district court to Harwood.

Section 12-121 permits reasonable attorney fees for a prevailing party when an action is brought, pursued, or defended frivolously, unreasonably, or without foundation; an appeal that is not frivolous or unreasonable does not warrant fees.

Crea v. FMC Corporation · filed 2000-12-20

Idaho Code § 12-121 provides that a judge may award reasonable attorney fees to the prevailing party in a civil action where an action has been brought, pursued or defended frivolously, unreasonably, or without foundation. FMC claims fees under this code section for proceedings in the district court and on appeal. Again, FMC did not cite to authority in its request for attorney fees in the cost bill and did not file an affidavit in the district court from which the Court could establish the basis of an award of attorney fees. The appeal was not frivolous or unreasonable. FMC is not entitled to attorney fees in the district court or on appeal.

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

Garner v. Bartschi · filed 2003-11-14

Idaho Code § 12-121 provides for the award of reasonable attorney fees to the prevailing party; however, Idaho Rule of Civil Procedure 54(e)(1) limits such awards to actions where “the case was brought, pursued or defended frivolously, unreasonably or without foundation.” The district court found that Garner and Flinders Realty did not bring this case frivolously nor that the case was without foundation. Ms. Bartschi has not presented nor is. there anything in the record to show that the district court abused its discretion in denying the. award of attorney fees to Ms. Bartschi.

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

First State Bank of Eldorado v. Rowe · filed 2006-02-28

Under I.C. § 12-121 and I.R.C.P. 54(e)(1), a court may award attorney fees to a prevailing party where it finds the case was brought, pursued or defended frivolously, unreasonably or without foundation. ... The district court did not abuse its discretion in awarding attorney’s fees under I.C. § 12-121 against the Rowes and Pro Indivisio.

Section 12-121 does not support an attorney fee award where neither party acted frivolously or unreasonably.

LC v. Erickson · filed 2007-03-28

Sirius’ request for attorney fees pursuant to Idaho Code § 12-121 is also denied because there is no ground for finding that either party acted frivolously or unreasonably in this matter.

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

Nation v. State, Dept. of Correction · filed 2007-03-29

Both I.C. § 12-117 and § 12-121 permit the award of attorney’s fees to the prevailing party if the court determines the case was brought, pursued or defended frivolously, unreasonably or without foundation.

Section 12-121 does not support an appellate attorney fee award when neither party acted frivolously or unreasonably.

Greenough v. Farm Bureau Mut. Ins. Co. of Idaho · filed 2006-02-27

Farm Bureau requests attorney fees under I.C. § 12-121. However, there is no ground for finding that either party acted frivolously or unreasonably in this matter. No costs or fees will be awarded to either party.

Section 12-121 does not award attorney fees on appeal when there is no evidence that the opposing party acted unreasonably in the proceedings.

Deeds v. Regence Blueshield of Idaho · filed 2006-07-28

In addition, because we find no evidence that Regence has acted unreasonably in these proceedings, Deeds is not entitled to attorney fees under I.C. § 12-121.

Section 12-121 does not warrant attorney fees when the opposing party did not pursue or defend the matter frivolously, unreasonably, or without foundation.

LU Ranching Co. v. United States · filed 2007-02-09

With respect to Idaho Code § 12-121, it found that the United States had not pursued or defended the matter frivolously, unreasonably, or without foundation. We affirmed the district court in the Joyce Livestock case, and for the same reasons we affirm the district court in this case.

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

Herrera v. Estay · filed 2009-01-22

Estay requests an award of attorney fees pursuant to I.C. 12-121. Although Estay has prevailed on this appeal, attorney 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). Although we have determined that the district court did not err in dismissing the action against Estay, the question presented to this Court involved a matter of first impression. We are unable to conclude that Herrera pursued this appeal frivolously. Thus, we decline to award Estay attorney fees.

Section 12-121 permits denial of attorney fees when the opposing party did not pursue its claims frivolously, unreasonably, or without foundation.

Taylor v. Maile · filed 2009-01-30

Finally, the district court declined to award attorney fees pursuant to I.C. § 12-121 because it found the Mailes had not pursued their claims frivolously, unreasonably, or without foundation. We affirm the district court.

Section 12-121 does not permit an attorney fee award when the opposing party raises a fairly debatable defense, even if the conduct being defended was unauthorized.

Sunnyside Industrial & Professional Park, LLC v. Eastern Idaho Public Health District · filed 2009-04-28

When there are fairly debatable questions, attorney fees are not awardable pursuant to I.C. § 12-121.

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

Harris v. STATE EX REL. KEMPTHORNE · filed 2009-06-03

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.

Section 12-121 does not support an attorney fee award when the opposing party’s litigation position is not frivolous.

COLLECTION BUREAU, INC. v. Dorsey · filed 2011-03-21

We do not view Dorsey’s position in this litigation to have been frivolous, therefore we do not award attorney fees pursuant to I.C. § 12- 121.

Section 12-121 permits an award of attorney fees for claims brought frivolously, unreasonably, and without foundation, even when the trial court also relied on a novel legal doctrine.

Taylor v. McNichols · filed 2010-09-03

However, as may be seen from the foregoing analysis, even without taking the litigation privilege into consideration, the district court’s decision to grant the 12(b)(6) motions to dismiss would be affirmed. This is because these claims were brought frivolously, unreasonably, and without foundation. The complaints filed by Reed are overly conclusive in nature with insufficient factual allegations, even under Idaho’s notice-pleading standard, and demonstrate an often-incorrect understanding of the law. We therefore uphold the district court’s grant of attorney fees under I.C. § 12-121 and I.R.C.P. 54(e)(1).

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

Stevenson v. Windermere Real Estate/Capital Group, Inc. · filed 2012-03-22

Attorney fees are only appropriate under I.C. § 12-121 if the court finds “that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.R.C.P. 54(e)(1).

Section 12-121 permits a court to award reasonable attorney fees to a prevailing party only when the opposing party brought, pursued, or defended the case frivolously, unreasonably, or without foundation.

Kayser v. McClary · filed 2012-06-22

Courts have the authority to award reasonable attorneys’ fees to prevailing parties under Idaho Code section 12-121, which provides in relevant part that “[i]n any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties, provided that this section does not alter, repeal or amend any statute which otherwise provides for the award of attorney’s fees.” I.C. § 12-121. However, such fees “may be awarded by the court only when it finds, from the facts presented to it, that the case was brought, pursued or defended frivolously, unreasonably or without foundation____” Id. R. Civ. P. 54(e)(1).

Section 12-121 permits attorney fees for 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.

McCallister v. Gordon Dixon, MD · filed 2013-02-01

The Court is permitted to award fees to a prevailing party in certain limited circumstances as authorized by I.C. § 12-121. Owner-Operator Indep. Drivers Ass’n v. Idaho Pub. Utils. Comm’n, 125 Idaho 401, 408, 871 P.2d 818, 825 (1994). But attorney fees are not awardable as a matter of right. Id. They should only be awarded when the court believes “that the action was pursued, defended, or brought frivolously, unreasonably, or without foundation.” Id. Attorney fees will not be awarded for arguments that are based on a good faith legal argument.