Idaho Code § 12-121

Section 12-121 does not permit an award of appellate attorney fees when the appeal presents an issue of first impression in Idaho.

Trunnell v. Fergel · filed 2012-05-31

As the issue of the interests of a bona fide purchaser for value versus a public highway abandonment is one of first impression, neither party is entitled to attorney fees on appeal.

Section 12-121 does not warrant attorney fees on appeal when the appeal presents a novel legal question.

Twin Lakes Canal Co. v. Choules · filed 2011-05-27

Attorney fees under I.C. § 12-121 are not warranted where a novel legal question is presented. Campbell v. Kildew, 141 Idaho 640, 651, 115 P.3d 731, 742 (2005). Because this is a case of first impression, we decline to award the requested attorney fees.

Section 12-121 attorney fees should not be awarded on appeal when the case presents a novel legal question.

Taylor v. AIA Services Corp. · filed 2011-09-07

“Where a case involves a novel legal question, attorney fees should not be granted under I.C. § 12-121.” Campbell v. Kildew, 141 Idaho 640, 651, 115 P.3d 731, 742 (2005). Since this Court has not previously addressed the shareholder vote provision of I.C. § 30-1-6, we decline to award attorney fees pursuant to I.C. § 12-121 to the Plan.

Section 12-121 does not warrant attorney fees when the case presents a novel legal question.

McCann v. William v. McCann, Jr. · filed 2012-01-10

Attorney fees under I.C. § 12-121 are not warranted where a novel legal question is presented.

Section 12-121 does not warrant attorney fees when the case presents a novel legal question.

McCann v. McCann · filed 2012-03-13

Attorney fees under I.C. § 12-121 are not warranted where a novel legal question is presented.

Section 12-121 does not warrant attorney fees when a case presents a novel legal issue, even if much of the case was frivolous.

Hoagland v. Ada County · filed 2013-05-16

The district court did not abuse its discretion in failing to award attorney fees, because even though much of Hoagland’s case was frivolous and she might have somewhat abused the process below, Hoagland presented a novel issue related to the standard required to succeed on a § 1983 claim for violations of her own rights. This issue is one of first impression in Idaho. Thus, the district court did not abuse its discretion in failing to award attorney fees pursuant to I.C. § 12-121.

Section 12-121 does not permit an attorney fee award against a party who presents a novel legal question, even if some other arguments could be characterized as frivolous.

Hayes v. Medioli · filed 2021-03-31

It was not frivolous for Hayes to question whether the best interest of the child standard should apply in a contested name change case involving a minor child, an issue that has not come before this Court before. Thus, the district court abused its discretion by awarding Medioli attorney fees pursuant to section 12-121.

Section 12-121 does not support an award of appellate attorney fees when the appeal raises a novel question of statutory interpretation and application.

Swanson v. Swanson · filed 2022-02-03

However, although Father has prevailed on appeal, we decline to award him attorney fees under section 12-121. We cannot say that Mother’s appeal was frivolous, unreasonable, or without foundation because it presented a novel question of interpretation and application of the UCCJEA that has not been addressed by this Court before.

Section 12-121 does not support an award of attorney fees on appeal when the appeal presents a novel legal issue.

Hall v. Exler · filed 2022-09-09

However, attorney fees are not appropriate under section 12-121 where a novel legal issue is presented.

Section 12-121 permits attorney fees based on the conduct of a case as a whole, not the denial of an individual motion.

Walker v. Boozer · filed 2004-07-13

In other words, I.C. § 12-121 applies to cases as a whole and not to individual motions.

Section 12-121 requires a court awarding attorney fees to consider the case as a whole, including all claims and defenses.

Seiniger Law Office, P.A. v. North Pacific Insurance · filed 2008-01-25

Accordingly, we vacate the district court’s award of attorney fees and remand this matter for the district court to determine whether, considering the case as a whole, Appellants are entitled to attorney fees under I.C. 12-121.

Section 12-121 does not permit an attorney fee award based solely on a party’s settlement before trial.

Kilborn v. Haun (In Re Haun) · filed 2008-09-25

The mere fact of settlement does not constitute a basis for awarding fees under Idaho Code § 12-121.

Section 12-121 does not authorize attorney fees on a petition for judicial review because that proceeding is not commenced by filing a complaint.

Goodman Oil Co. v. Scotty's Duro-Bilt Generator, Inc. · filed 2009-02-03

Attorney fees are not available pursuant to I.C. § 12-121 on a petition for judicial review because the action is not commenced with the filing of a complaint.

Section 12-121 does not authorize attorney fees in a petition for judicial review.

Johnson v. Blaine County · filed 2009-03-05

Clear Creek seeks an award of attorney fees pursuant to Idaho Code § 12-121. That statute does not provide for the award of attorney fees in a petition for judicial review.

Section 12-121 permits attorney fees only in civil actions commenced by filing a complaint; a claim for unemployment benefits is not such an action.

Chapman v. NYK LINE NORTH AMERICA, INC. · filed 2009-04-06

“I.C. § 12-121 only pertains to civil actions which are commenced by the filing of a complaint. A claim for unemployment benefits is not such an action.” Scrivner v. Service IDA Corp., 126 Idaho 954, 960, 895 P.2d 555, 561 (1995). This Court agrees; NYK Line is not entitled to attorney’s fees on appeal pursuant to I.C. § 12-121.

Section 12-121 does not authorize attorney fees in an administrative action initiated by petition.

Burns Holdings, LLC. v. Madison County · filed 2009-05-01

Additionally, neither party is entitled to attorney fees under I.C. § 12-121 because that statute does not provide the basis for a fee award in an administrative action initiated by petition.

Section 12-121 does not authorize attorney fees in an administrative action initiated by petition.

Burns Holdings, LLC v. Madison County Board of County Commissioners · filed 2009-07-09

Additionally, neither party is entitled to attorney fees under I.C. § 12-121 because that statute does not provide the basis for a fee award in an administrative action initiated by petition.

Section 12-121 applies only to civil actions, not petitions for judicial review of agency decisions.

Kirk-Hughes Development, LLC v. Kootenai County Board of County Commissioners · filed 2010-06-02

Nevertheless, I.C. § 12-121 is not applicable because this is a petition for judicial review of an agency decision and I.C. § 12- 121 only applies to civil actions.

Section 12-121 does not authorize attorney fees for a petition for judicial review of an agency action because such a petition is not a civil action.

Laughy v. Idaho Department of Transportation · filed 2010-11-01

A petition for judicial review is not a civil action, Neighbors for Responsible Growth v. Kootenai Cnty., 147 Idaho at 176 n. 1, 207 P.3d at 152 n. 1, so fees are not available under § 12-121.

Section 12-121 does not authorize attorney fees for a petition for judicial review because such a petition is not a civil action.

Laughy v. ConocoPhillips Co. · filed 2010-11-01

A petition for judicial review is not a civil action, Neighbors for Responsible Growth v. Kootenai Cnty., 147 Idaho at 176 n.1, 207 P.3d at 152 n.1, so fees are not available under § 12-121.

Section 12-121 does not authorize attorney’s fees on a petition for judicial review because the proceeding is not commenced by a complaint.

Travelers Insurance v. Ultimate Logistics · filed 2020-06-18

Attorney’s fees are not available under Idaho Code section 12-121 on petitions for judicial review because they are not commenced by the filing of a complaint.

Section 12-121 permits attorney fees in civil actions initiated by a complaint, but not in proceedings initiated by a petition for judicial review of an agency’s final order.

3G AG LLC v. IDWR · filed 2022-05-18

Attorney fees under section 12-121 are available in civil actions where a complaint is filed—not in proceedings initiated by a petition for judicial review of an agency’s final order.

Section 12-121 does not authorize attorney fees in an appeal from a petition for judicial review of an administrative decision because such proceedings are not civil actions.

Byrd v. Idaho State Brd. of Land Commissioners · filed 2022-03-02

Appeals arising from a petition for judicial review from an administrative decision are not “civil actions.”

Section 12-121 permits attorney fees only in civil actions and cannot support a fee award in a proceeding initiated by a petition for judicial review.

S Bar Ranch v. Elmore County · filed 2022-06-14

As such, sections 12-120(3) and 12-121 cannot be the basis to award fees in proceedings initiated by the filing of a petition for judicial review.

Section 12-121 does not permit a court to consider the extent of settlement negotiations when deciding whether to award attorney fees.

Jorgensen v. Coppedge · filed 2010-01-27

Just last year this Court reasserted our earlier holding in Payne v. Foley, 102 Idaho 760, 639 P.2d 1126 (1982), that in determining whether or not to award attorney fees under I.C. § 12-121 the trial courts may not consider the extent of any settlement negotiations which the parties may or may not have engaged in. ... Thus, district courts may not consider settlement negotiations in the attorney fees determination.

Section 12-121 does not authorize attorney fees in actions against counties when section 12-117 exclusively governs the fee award.

Smith v. Washington County · filed 2010-10-06

As noted above, I.C. § 12-117 specifically provides for attorney fees in actions against the counties, so it governs this case exclusively. See I.C. § 12-117(4)(b). Smith therefore cannot receive attorney fees under I.C. §§ 12-120(3) or 12-121.

Section 12-121 does not authorize attorney’s fees when section 12-117 supplies the exclusive fee remedy for the parties involved.

KEPLER-FLEENOR v. Fremont County · filed 2012-01-24

Fremont County also requests attorney’s fees under I.C. § 12-121, which permits fee awards to prevailing parties in “any civil action.” This request is denied because I.C. § 12-117 is the exclusive means for awarding attorney’s fees for the entities to which it applies. See Potlatch Educ. Ass’n v. Potlatch Sch. Dist. No. 285, 148 Idaho 630, 635, 226 P.3d 1277, 1282 (2010).

Section 12-121 does not authorize attorney fees for an entity covered by Section 12-117, which provides the exclusive basis for a fee award.

City of Osburn v. Randel · filed 2012-04-26

Furthermore, “I.C. § 12-117 is the exclusive means for awarding attorney fees for the entities to which it applies.” Potlatch Educ. Ass'n, 148 Idaho at 635, 226 P.3d at 1282. Thus, even if the Randels prevailed, they would not be entitled to fees under I.C. § 12-121.

Section 12-121 does not apply when § 12-117 applies, because § 12-117 is then the sole means of awarding attorney fees.

Buckskin Properties, Inc. v. Valley County · filed 2013-03-29

It should first be noted that I.C. § 12-121 does not apply in this case because where I.C. § 12-117 applies, as it does in this case, it is the sole means for awarding attorney fees.

Section 12-121 does not authorize attorney fees for a petition for judicial review of a county decision because section 12-117 exclusively governs fees in actions against counties.

Smith v. Washington County Idaho · filed 2010-12-15

As noted above, I.C. § 12-117 specifically provides for attorney fees in actions against the counties, so it governs this case exclusively. See I.C. § 12-117(4)(b). Smith therefore cannot receive attorney fees under I.C. §§ 12-120(3) or 12-121.

Under § 12-121, a party's motive for bringing an action is irrelevant to attorney fees when the action has a valid legal or factual basis.

Garner v. Povey · filed 2011-08-04

In many cases, the party bringing an action may have a variety of motives for doing so, some of which may be improper. But that fact is irrelevant when the party has a valid legal or factual basis for pursuing the action. Because the Poveys requested attorney fees under I.C. § 12-121, the only relevant inquiry is whether the Garners had a valid legal or factual basis for bringing the action.

Section 12-121 does not provide attorney’s fees when section 12-117 applies, because section 12-117 is the exclusive means of obtaining fees for those entities.

Arambarri v. Armstrong · filed 2012-03-08

This Court also denies Arambarri’s request for attorney’s fees pursuant to I.C. § 12-121 because I.C. § 12-117 is the exclusive means for obtaining attorney’s fees for the entities to which it applies.

Section 12-121 does not authorize attorney’s fees in a matter where a person and a governmental entity are adverse parties because section 12-117 provides the exclusive basis for fees.

Citizens Against Linscott v. Bonner County Board of Commissioners · filed 2021-05-12

Moreover, Idaho Code section 12-117 is the exclusive basis for awarding attorney’s fees in a matter with a person and a governmental entity as adverse parties. City of Osburn v. Randel, 152 Idaho 906, 909, 277 P.3d 353, 356 (2012) (citation omitted). Thus, even if Interstate were a prevailing party, it would not be entitled to attorney’s fees under section 12-121.

Section 12-121 does not provide appellate attorney fees in an action to foreclose a mechanic’s lien because the specific fee provision in section 45-513 controls.

Parkwest Homes v. Barnson · filed 2013-02-04

Therefore, because section 45-513 is a specific statute providing for the award of attorney fees in proceedings to foreclose a mechanic’s lien, Idaho Code section 12-120(3) and 12-121, which are general statutes, do not apply. ... Therefore, Residential is not entitled to attorney fees on appeal.

Section 12-121 does not authorize appellate attorney fees in an action to foreclose a mechanic’s lien because the specific fee provision in section 45-513 controls.

Parkwest Homes v. Barnson · filed 2013-04-18

Therefore, because section 45-513 is a specific statute providing for the award of attorney fees in proceedings to foreclose a mechanic’s lien, Idaho Code section 12-120(3) and 12-121, which are general statutes, do not apply. ... Therefore, Residential is not entitled to attorney fees on appeal.

A party seeking appellate attorney fees under § 12-121 must explain why fees should be awarded; a citation to the statute alone is insufficient.

Taft v. Jumbo Foods, Inc. · filed 2013-11-26

Because the Tafts have failed to put forth any argument as to why fees should be awarded under I.C. §12-121, we decline to award attorney fees to the Tafts on appeal.

Section 12-121 does not authorize an attorney fee award when the party seeking fees argued against applying it and offered no argument that the appeal was frivolous, unfounded, or unreasonable.

Uzzle v. Estate of Hirning · filed 2020-11-10

Indeed, because the Estate clearly argued against an award under section 12-121, it made no argument concerning why the Appellants’ appeal to the district court was frivolous, unfounded, or without reason. Although the district court was left with the abiding belief that the Appellants pursued their appeal frivolously, without foundation, and unreasonably, it did not act consistently with the applicable legal principals when it awarded attorney’s fees without the proper foundation. Consequently, the district court abused its discretion in awarding the Estate attorney’s fees under Idaho Code section 12-121.

Section 12-121 does not apply to appellate attorney fees when a specific statute provides for those fees.

Lightner v. Olivia Craven · filed 2014-08-26

The respondents seek attorney fees on appeal and argue that Lightner pursued this appeal frivolously, citing Idaho Code § 12-121 and Idaho Appellate Rule 41. Although we acknowledge that Lightner’s appeal is frivolous, we may not award attorney fees in this appeal. Where there is a specific statute providing for the award of attorney fees on appeal, the general attorney fee statutes do not apply. First Fed. Sav. Bank of Twin Falls v. Riedesel Eng’g, Inc., 154 Idaho 626, 632, 301 P.3d 632, 638 (2012); see Henry v. Taylor, 152 Idaho 155, 162, 267 P.3d 1270, 1277 (2012). Here, Idaho Code § 31-3220A(16) requires a court, whether on appeal or below, to award attorney fees if the court determines that the action or a part of the action is frivolous or malicious. I.C. § 31-3220A(16)(b). Because the respondents did not cite to nor argue that they are entitled to attorney fees under section 31-3220A(16), we may not award attorney fees on appeal.

Section 12-121 does not provide attorney fees in an insurance case where § 41-1839(4) makes other statutory fee remedies exclusive.

Slaathaug v. Allstate Insurance · filed 1999-03-31

Section 41-1839(4) states that Idaho Code sections 12-123 and 41-1839 “provide the exclusive remedy for the award of statutory attorney’s fees” in this case and, consequently, precludes us from considering the Slaathaugs’ request under § 12-121.

Section 12-121 does not authorize an award of costs and attorney fees for a public records request.

Hymas v. Meridian Police Department · filed 2015-12-14

The above cited cases correctly held that I.C. §§ 12-117 and 12-121 do not apply to public records requests.

Section 12-121 does not authorize an award of attorney fees assessed against counsel.

Smith Ex Rel. Smith v. Treasure Valley Seed Co. · filed 2016-11-03

Nothing in Idaho Code section 12-121 permits attorney fees to be assessed against counsel.

Section 12-121 does not provide attorney’s fees against entities covered by § 12-117, which is the exclusive means for seeking fees against them.

Sopatyk v. Lemhi County · filed 2011-11-09

Sopatyk requests attorney’s fees on appeal under I.C. § 12-121. This Court has already explicitly held that I.C. § 12-117 is the exclusive means for seeking attorney’s fees against the entities to which it applies. ... Sopatyk is therefore not entitled to attorney’s fees.

Section 12-121 does not support appellate attorney fees when a parental-rights termination appeal involves conflicting testimony and the fundamental right to parent.

John and Jane Doe I v. Doe · filed 2018-12-21

Because of the fundamental right implicated by the termination of parental rights and the conflicting testimony in this case, we deny Guardians’ request for attorney’s fees under Idaho Code section 12-121.

Section 12-121 permits attorney fees on appeal when inconsistent legal positions lacking supporting authority make the appeal frivolous, unreasonable, and without foundation.

Brown v. Brown · filed 2020-03-26

Given the various inconsistent legal positions she has taken without any supporting Idaho authority, we hold that Carol Brown’s appeal meets all the requirements of Idaho Code section 12-121 because it is frivolous, unreasonable, and without foundation.

Section 12-121 does not warrant appellate attorney fees in a parental rights termination case when the appeal involves conflicting evidence and a fundamental liberty interest.

John Doe I and Jane Doe I v. Doe · filed 2022-08-31

Although Jane and John are the prevailing parties, their request for attorney fees is denied because of the fundamental liberty interest at stake and the existence of some conflicting evidence in the record.

Section 12-121 permits an award of attorney fees for the time spent responding to appellate claims of error that are unreasonable and without foundation.

Litster v. Litster Frost · filed 2024-11-29

We hold that these claims of error were unreasonable and without foundation, and, therefore, an award of attorney fees is also granted to Litster Frost under Idaho Code section 12- 121 for the time spent responding to those claims.

Section 12-121 does not apply to worker's compensation appeals because they are not civil actions.

Oliveros v. Rule Steel Tanks, Inc. · filed 2019-03-28

While we find Rule Steel to be the prevailing party, its reliance on Idaho Code section 12-121 is misplaced because it does not apply to worker's compensation appeals.

Section 12-121 permits a court to consider a party’s conduct during litigation when deciding whether the party pursued a matter frivolously, unreasonably, or without foundation.

Smith v. Smith · filed 2020-10-05

First, Husband cites no authority for the proposition that a court cannot consider a party’s conduct during the course of litigation in determining whether the party pursued a matter frivolously, unreasonably, or without foundation. Second, it was Husband’s course of conduct that gave rise to the magistrate court finding that his position was frivolous, unreasonable, and without foundation.

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

Swanson v. Swanson · filed 2021-07-30

Again, 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. We cannot conclude that Rodger defended Jackie’s appeal frivolously, unreasonably, or without foundation. Therefore, an award of attorney fees is improper.

Section 12-121 permits a trial court to apportion attorney fees when some claims are frivolous, but does not require it to do so.

Lujan v. Hillbroom · filed 2021-08-11

Although a trial court may apportion attorney fees based on some of the claims being frivolous, it is not required to do so.

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.

Bettwieser v. Bettwieser · filed 2021-08-13

An award of attorney fees and costs 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 permits attorney fees on appeal when an appellant asks the court to reweigh credibility findings and fails to show that the trial court misapplied settled law.

Voss v. Voss · filed 2021-08-19

We conclude that Janilyn is entitled to an award of attorney fees on appeal under I.C. § 12-121. Many of Raymond’s arguments on appeal simply request this Court to reject the magistrate court’s credibility findings and to reweigh the evidence. Further, Raymond raises various issues without making a cogent argument or providing any supporting authority, including failing to cite any supporting authority for his assertion that the magistrate court could not consider the witnesses’ credibility in determining whether Raymond was voluntarily underemployed. As a result, Raymond has failed to show the magistrate court incorrectly applied well-established law.

Idaho Code § 12-121 permits attorney fees for a prevailing party when the case or appeal was brought frivolously or without foundation; a party that did not prevail cannot recover fees under it.

Summerfield v. McCall · filed 2021-08-31

St. Luke’s requests attorney fees pursuant to Idaho Code section 12-121 or Idaho Rule of Civil Procedure 54(e)(2). Both award attorney fees to the prevailing party if a case or appeal was brought frivolously or without foundation. I.C. § 12-121; I.R.C.P. 54(e)(2). Because we have concluded that the district court erred in granting summary judgment to St. Luke’s on two of the three grounds, Summerfield was the overall prevailing party and Summerfield’s appeal was clearly not frivolous. Accordingly, we deny St. Luke’s request for attorney fees.

Section 12-121 permits an award of attorney fees on appeal when the appeal lacks any legal or factual foundation.

Hilton v. Hilton · filed 2021-09-27

As reasoned above, we find Cynthia’s appeal to this Court, much like her appeal to the district court, lacks any legal or factual foundation. Thus, we award attorney fees to Lance under Idaho Code section 12-121.

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

John Doe I and Jane Doe I v. Doe · filed 2021-10-26

Respondents request attorney fees pursuant to I.C. § 12-121. While respondents are the prevailing party, we do not find this appeal was pursued frivolously or without foundation.

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

Hepworth v. Hepworth · filed 2021-11-23

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. We do not find that James defended this appeal frivolously, as such we decline to award attorney fees on appeal.

Section 12-121 permits attorney fees on appeal to a prevailing party when the appeal was brought or defended frivolously, unreasonably, or without foundation, but the party seeking fees must explain why that standard is met.

Quinn v. Quinn · filed 2021-12-14

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 appellate court finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Although Karen cites to I.C. § 12-121, she advances no argument explaining why Roger’s appeal was frivolous, unreasonable, or without foundation. Consequently, Karen has failed to show that she is entitled to attorney fees on appeal.

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

Cook v. Van Orden · filed 2022-03-24

“In any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. Inasmuch as the Van Ordens have not prevailed on appeal, they are not entitled to 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.

Nelson v. Snowball · filed 2022-07-28

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party and such an award is appropriate when the court finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation.

Section 12-121 does not support appellate attorney fees when the requesting party fails to show that the appeal itself was frivolous, unreasonable, or without foundation.

Doe I v. Doe · filed 2022-08-04

In particular, Grandparents do not assert Mother’s appellate argument--that her conduct was not willful and she had just cause for that conduct--is frivolous, unreasonable, or without foundation. Accordingly, we decline to award attorney fees under I.C. § 12-121.

Section 12-121 does not support appellate attorney fees in a parental termination proceeding when the appeal involves conflicting evidence and a fundamental liberty interest.

Doe I v. Doe · filed 2022-08-04

A court may award reasonable attorney fees under I.C. § 12-121 “to the prevailing party or parties when the judge finds that the case was brought, pursued, or defended frivolously, unreasonably or without foundation.” An appeal is generally considered frivolous where it disputes factual findings by a trial court and simply seeks the reweighing of evidence. Doe I v. Doe (2019-03), 166 Idaho 47, 57, 454 P.3d 1130, 1140 (2019). However, the Idaho Supreme Court has held that, due to the seriousness of the liberty interest affected in parental termination proceedings, an appeal seeking examination of conflicting evidence is not frivolous in such cases. Id. Although John and Jane are the prevailing parties, their request for attorney fees is denied because of the fundamental liberty interest at stake and the existence of some conflicting evidence in the record.

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

Greenfield Family Trust v. Olive Fountain Land Company, LLC · filed 2022-08-22

For these reasons we conclude that this appeal was pursued unreasonably and without foundation. Therefore, Olive Fountain is entitled to attorney fees pursuant to Idaho Code section 12-121.

Section 12-121 permits reasonable attorney fees for a prevailing party when the case was brought, pursued, or defended frivolously, unreasonably, or without foundation; an appeal that does not meet that standard warrants no fee award.

Doe v. Doe · filed 2022-09-14

A court may award reasonable attorney fees under I.C. § 12-121 “to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” Doe’s appeal is not frivolous, unreasonable, or without foundation. Jane’s request for attorney fees is denied.

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

Nelson v. Evans · filed 2022-09-16

Although we conclude that the Evanses have not waived their claim for attorney fees pursuant to Idaho Code section 12-121, we decline to award attorney fees to either party. In Nelson I, this Court determined that the Nelsons were entitled to pursue visitation with their grandchildren and prove their case in court. Consequently, we cannot conclude the Nelsons defended this appeal frivolously, unreasonably, or without foundation.

Section 12-121 permits attorney fees on appeal for a prevailing party; an appellant who does not prevail cannot recover those fees.

Access Behavioral Health v. IDHW · filed 2022-09-16

Idaho Code sections 12-121 and 12- 117 allow an award attorney fees on appeal to the prevailing party. See I.C. § 12-121; I.C. § 12- 117. Our decision today affirms the district court’s decision in its entirety. As a result, Access is not a prevailing party and not entitled to an award of attorney fees or costs on appeal.

Section 12-121 does not warrant appellate attorney fees when an appeal and its defense are reasonable, particularly where the law does not clearly favor either side.

Horton v. Horton · filed 2022-10-03

Idaho Code section 12-121 provides that, “[i]n any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. Here, both parties won below: Desiree at the magistrate court level and Andrew at the district court level. It was not unreasonable for Desiree to appeal the district court’s reversal of her win before the magistrate court, nor was it unreasonable for Andrew to defend his win before the district court. Additionally, as discussed above, there is no case law in Idaho that clearly supports or contradicts either party’s arguments. As such, we conclude that neither party acted frivolously on appeal.

Section 12-121 does not warrant attorney fees on appeal when the appeal materially advances the law.

Gray v. Gray · filed 2022-10-18

Since Carla’s appeal has materially advanced the law, neither party is entitled to attorney fees on appeal under Idaho Code section 12- 121.

Section 12-121 does not allow attorney fees for a party who did not prevail or for a prevailing party when the opposing party raised legitimate, supported arguments.

Carver v. Hornish · filed 2022-10-18

That statute provides, “[i]n any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. ... Carver is not entitled to attorney fees because she is not the prevailing party. ... Though Carver’s nunc pro tunc argument failed to account for the difference between void and voidable marriages, she raised a legitimate question about the scope of the magistrate court’s authority supported by relevant authority. As to the constitutional issue, Carver’s initial argument was cursory, but cogent. Therefore, we hold that Hornish is not entitled to attorney fees.

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

Uzzle v. Estate of Eric Milo Hirning · filed 2022-10-19

Idaho Code section 12-121 permits the court “[i]n any civil action” to “award reasonable attorney’s fees to the prevailing party or parties when [it] finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” As the intermediate appellate court with jurisdiction to hear the appeal, the district court held the authority to issue an award of attorney fees. Thus, the question turns on whether the district court abused its discretion in concluding the Appellants brought a frivolous, unreasonable, or unfounded appeal. We agree with the district court that the Appellants’ arguments were without a basis in fact or law. The district court’s determinations and analysis on this issue were well within the outer boundaries of its discretion. Thus, we affirm the district court’s award under section 12-121.

Section 12-121 permits appellate attorney fees for a prevailing party when the opposing party’s position was frivolous, unreasonable, or without foundation.

Chester v. Wild Idaho Adventures RV Park, LLC · filed 2022-10-31

Next, Wild Idaho is not entitled to apportioned attorney fees under section 12-121. An award of attorney fees to a prevailing party under section 12-121 is warranted when the non-prevailing party’s position was frivolous, unreasonable, or without foundation. I.C. § 12-121. We do not find the Chesters’ arguments fall into any of these categories. Consequently, we decline to award attorney fees on appeal to Wild Idaho.

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

Bettwieser v. Bettwieser · filed 2022-11-23

Overall, Martin pursued this appeal frivolously, unreasonably, and without foundation. For these reasons, an award of attorney fees to Carole under I.C. § 12- 121 and I.A.R. 41 is appropriate.

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.

Plasse v. Reid · filed 2022-11-30

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

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

Caldwell v. Judicial Administration of Idaho · filed 2023-03-13

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. This Court concludes this appeal was brought and pursued frivolously, particularly in light of the content of the complaint and the nature and content of Caldwell’s briefs on appeal.

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

Hoggan v. Clark · filed 2023-05-10

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 finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... Here, we conclude that Hoggan pursued this appeal frivolously and without foundation. ... Accordingly, Clark is entitled to attorney fees under I.C. § 12-121 for this appeal.

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

Cobb v. Carter · filed 2023-05-12

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

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.

Palken v. Rowan · filed 2023-05-16

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. This appeal is about the easements. We conclude that Palkens’ appeal is brought unreasonably and without legal and factual foundation.

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.

Tanner v. ISP · filed 2023-06-27

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. ISP requests attorney fees on appeal. This Court concludes that based on the above reasons, Tanner’s appeal was pursued frivolously and grants the State’s request for attorney fees.

A party that does not prevail on appeal is not entitled to attorney fees under section 12-121, and fees are inappropriate when the appeal raises a novel legal question.

Darrow v. White · filed 2023-06-27

Todd and White X Three are not the prevailing parties on appeal and are thus not entitled to attorney fees. Additionally, Todd and White X Three are not entitled to attorney fees because this appeal raises a novel question of law.

Section 12-121 permits appellate attorney fees to a prevailing party when an appeal is frivolous, unreasonable, or without foundation, but fees are unwarranted in a parental termination appeal raising reasonable arguments supported by authority about a fundamental liberty interest.

Jane Doe & John Doe I v. Doe · filed 2023-08-31

An award of attorney fees may be granted under I.C. § 12-121 to the prevailing party and such an award is appropriate when the court finds that the appeal has been brought, pursued, or defended frivolously, unreasonably, or without foundation. ... Respondents’ request for attorney fees is denied because of the fundamental liberty interest at stake and the reasonable arguments supported by authority.

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

Fischer v. Roundy · filed 2023-12-29

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

Kelly v. Kelly · filed 2024-01-30

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party and such an award is appropriate when the court finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. We award attorney fees to Kendall.

Section 12-121 permits attorney fees on appeal when the appeal frivolously asks the appellate court to second guess the district court’s findings and exercise of discretion.

Nipper V. Wootton · filed 2024-02-01

Since Nipper’s appeal is essentially an invitation to second guess the district court’s findings and use of its discretion, we conclude Nipper’s appeal from the district court’s grant of summary judgment to Dr. Mairs has been “brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. Accordingly, we award attorney fees to Dr. Mairs under Idaho Code section 12-121.

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

Hawke v. Hawke · filed 2024-02-26

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

Section 12-121 permits an award of reasonable attorney fees for frivolous, unreasonable, or unfounded elements of a case even when the opposing party raised a legitimate issue.

Millard v. Talburt · filed 2024-02-27

We overrule our decision in Nampa and Meridian, as well as any subsequent decisions citing it, to the extent they suggest that a request for attorney fees under section 12-121 must be denied if the opposing party has raised one legitimate issue.

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

Erlebach v. Erlebach · filed 2024-03-04

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party and such an award is appropriate when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). ... That standard for an award of attorney fees is satisfied in this case. Accordingly, Megan is awarded attorney fees on appeal.

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

Pierce v. Shane · filed 2024-04-18

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. ... That standard for an award of attorney fees is satisfied in this case. Accordingly, Pierce is awarded attorney fees on appeal.

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

Duncan v. Fackrell · filed 2024-04-19

Therefore, we hold Fackrell is awarded attorney fees pursuant to I.C. § 12-121 and costs pursuant to I.A.R. 41.

Section 12-121 permits attorney fees on appeal when the appeal merely asks the court to reweigh conflicting evidence contrary to settled appellate review principles.

Rowett v. Infinity Pools, LLC · filed 2024-05-03

In this case, because Infinity only asks us to second- guess the trial court on conflicting evidence, contrary to well-established principles of appellate review, Rowett is entitled to an award of attorney fees on appeal pursuant to I.C. § 12-121.

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

ISP v. Van Huynh · filed 2024-05-20

ISP also requests attorney fees on appeal, citing I.A.R. 41 and I.C. § 12-121 in support of its request. Such an award is appropriate when the Court finds that the case has been brought or defended frivolously, unreasonably, or without foundation. ... That standard for an award of attorney fees is satisfied in this case. Accordingly, ISP is awarded attorney fees on appeal.

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

Lipps v. Nye · filed 2024-05-21

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

Barton v. Board of Regents · filed 2024-06-07

As a result, we conclude that Barton’s appeal was pursued frivolously, unreasonably, and without foundation. Accordingly, we award the University attorney fees pursuant to section 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.

Hoisington v. Hoisington · filed 2024-06-11

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. ... Because Jeffrey is the prevailing party in this appeal and Rhiannon has pursued this appeal without foundation, Jeffrey is entitled to an award of costs and attorney fees.

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

Bautista v. Vowels · filed 2024-06-26

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party and such an award is appropriate when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... That standard for an award of attorney fees has not been satisfied in this case. Accordingly, Bautista is not entitled to an award of attorney fees on appeal pursuant to I.C. § 12-121 and I.A.R. 41.

Section 12-121 permits reasonable attorney fees on appeal for the portion of an appeal pursued frivolously and without merit.

Simmons v. Loertscher · filed 2024-06-27

Consequently, we find that Simmons’s appeal on that issue is frivolous and without merit. Therefore, we award reasonable attorney fees to Loertscher and Williams for the portion of the appeal corresponding to the second issue relating to the conditions for entering Simmons’s land to retrieve cattle that have strayed.

Section 12-121 permits appellate attorney fees for a prevailing party when an appeal is frivolous, unreasonable, or without foundation, but fees are unwarranted when the appeal raises nonfrivolous questions of law.

Jones v. Jones · filed 2024-07-09

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. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). ... White raises questions of law and the appeal cannot be said to be frivolous or without foundation. Accordingly, we decline to award attorney fees to Jones.

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

Jones v. Sligar · filed 2024-07-19

In this case, we find that Jones’s appeal of the district court’s decision in Sligar I was pursued frivolously, unreasonably, or without foundation because it merely invited this Court to second guess the district court’s determination that his Rule 60(b) motion was untimely. As a result, we award attorney fees to Sligar under Idaho Code section 12-121 in connection with Jones’s appeal in Sligar I.

Section 12-121 permits an award of reasonable attorney fees on appeal to the prevailing party when the opposing appeal is pursued unreasonably and without a legal foundation.

Gomez v. Hurtado · filed 2024-08-06

We agree and award the Hurtados their reasonable attorney fees on appeal pursuant to section 12-121. ... Therefore, we conclude that his appeal was brought and pursued unreasonably and without a legal foundation.

Section 12-121 permits attorney fees on appeal when the appeal presents no fairly debatable or genuine issue of law or fact.

Faulkner v. Nelson · filed 2024-09-11

There are no fairly debatable issues nor genuine issues of law or fact as this was raised on appeal. As a result, we award Nelson costs and attorney fees under I.C. § 12-121.

Section 12-121 permits an award of attorney fees to the prevailing party on appeal when the appeal is frivolous and without foundation.

Wilde v. Taggart · filed 2024-09-24

We hold that Wilde’s appeal was brought frivolously and without foundation and award Taggart attorney fees under section 12-121.

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

Stout v. NASC · filed 2024-09-27

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. ... NASC and American Bankers have prevailed on this appeal; however, we do not find the appeal was brought frivolously. Accordingly, we award NASC and American Bankers costs but not attorney fees on appeal.

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

Finman v. Finman · filed 2024-10-02

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.

Section 12-121 permits an award of attorney fees on appeal to a prevailing party when the appeal is pursued without a basis or foundation in law.

TLC Landscape v. Mallett · filed 2024-10-04

Mallett pursued an appeal without a basis or foundation in law, failed to support his arguments with facts or authority, and failed to address TLC’s request for attorney fees. As a result, TLC is entitled to its attorney fees and costs on appeal pursuant to I.C. § 12-121 and I.A.R. 41.

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

Farnsworth v. Farnsworth · filed 2024-10-23

Idaho Code § 12-121 permits the award of reasonable attorney fees to the prevailing party or parties when the case brought is pursued or defended frivolously, unreasonably, or without foundation. On appeal, Chris is not the prevailing party on any claim and, thus, is not eligible for an award of attorney fees. Shawnee asks for attorney fees, but we conclude the appeal is not frivolous, unreasonable, or without foundation, and therefore decline to award Shawnee attorney fees.

Section 12-121 permits attorney fees for a prevailing party when a proceeding was brought, pursued, or defended frivolously, unreasonably, or without foundation; prevailing alone does not justify fees.

Clover v. Crookham Company · filed 2024-10-28

Attorney fees may be awarded to a prevailing party under Idaho Code section 12-121 if the proceeding was brought, pursued, or defended frivolously, unreasonably, or without foundation. I.C. § 12-121. Although Crookham is the prevailing party on appeal, we do not find that Clover’s arguments justify an award of attorney fees under section 12-121.

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

Porter v. Schlenz · filed 2024-11-04

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.

Section 12-121 permits appellate attorney fees and costs for a prevailing party when an appeal merely disputes an arbitrator’s factual findings and legal conclusions outside the narrow grounds for review.

Perryman Construction Management Inc. v. Doeppel Premier Properties Idaho, LLC · filed 2024-11-15

Even if we were to read the contract as Doeppel does, Perryman is still entitled to attorney fees and costs pursuant to I.C. § 12-121, which permits the prevailing party to be awarded attorney fees and costs when the trial court “finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” In Mumford, the Court awarded attorney fees to the respondent when the appellant’s “arguments amount[ed] to a disagreement with the arbitrator’s factual findings and legal conclusions,” which do not fall within the “narrow and specifically delineated” grounds upon which an arbitrator’s decision may be reviewed. Mumford, 143 Idaho at 101, 137 P.3d at 1023. As the same is true of Doeppel’s arguments here, Perryman is awarded attorney fees and costs associated with this appeal.

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

Mitchell v. Ramlow · filed 2024-11-27

Although Mitchell is the prevailing party on appeal, we decline to award her attorney fees under Idaho Code section 12-121 because Ramlow’s appeal was not pursued frivolously, unreasonably, or without foundation.

Section 12-121 permits attorney fees on appeal when the appellant fails to properly present the issues and thereby waives the claims.

John Doe I & Jane Doe v. Doe · filed 2024-12-04

This Court concludes that respondents are entitled to an award of attorney fees on appeal pursuant to I.C. § 12-121. Doe has failed to properly present his issues on appeal and, therefore, has waived his claims. For these reasons, an award of attorney fees to respondents under I.C. § 12-121 is appropriate.

Section 12-121 permits the court to award reasonable attorney fees to the prevailing party on appeal when the appeal is unreasonable and without foundation.

Streamline Builders, LLC v. Chase · filed 2024-12-05

Attorney fees can be awarded to the prevailing party on appeal at the discretion of the Court if the appeal was “brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121; BrunoBuilt, Inc. v. Strata, Inc., 166 Idaho 208, 222, 457 P.3d 860, 874 (2019) (citation omitted). On appeal, Steven presents a single, unpreserved argument. Because he failed to present the position to the district court that he now argues for on appeal, his appeal is unreasonable and without foundation. See Herr v. Herr, 169 Idaho 400, 405, 496 P.3d 886, 891 (2021). Streamline and Swoboda are the prevailing parties in this appeal, and we award them reasonable attorney fees on appeal pursuant to section 12-121.

Section 12-121 permits attorney fees on appeal for a prevailing party when an appeal is brought, pursued, or defended frivolously, unreasonably, or without foundation; defending a favorable district court ruling can be reasonable even if it is reversed.

Mace v. Luther · filed 2024-12-11

Ginger seeks attorney fees on appeal under Idaho Code section 12-121, under which this Court may award attorney fees on appeal to the prevailing party when the appeal was “brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. ... Although she is the prevailing party for the purposes of this appeal, because we are vacating the summary judgment dismissal of the resulting trust claim, we decline to award attorney fees on appeal under this section against Scott Mace, individually or as trustee, and the Luthers. They were defending the district court’s summary judgment decision in their favor, and while we are reversing the district court’s decision and remanding for further proceedings, we are hard pressed to hold in this case that by defending a prevailing position below, Scott Mace, in his various capacities, and the Luthers presented their defense of the appeal unreasonably, frivolously, or without foundation.

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

Heath v. Denny's Wrecker Service, Inc. · filed 2024-12-17

Idaho Code section 12-121 allows for an award of attorney fees on appeal to the prevailing party when the appeal, or part of the appeal, is brought or pursued “frivolously, unreasonably or without foundation.” I.C. § 12-121. However, we determine that Heath did not pursue his appeal frivolously, unreasonably, or without foundation. Denny’s defense raised an issue of first impression with respect to Idaho Code section 49-1806(1) and Heath’s appeal was not frivolous with respect to the defense of boundary by agreement. In an exercise of discretion, we determine that an award of attorney fees on appeal under Idaho Code section 12-121 is not warranted in this case.

Section 12-121 permits attorney fees to the prevailing party on appeal when an appeal frivolously asks the appellate court to reweigh evidence and second-guess the trial court’s findings.

Wilson v. Wilson · filed 2024-12-18

This case is similar to Anderson, in that James’s appeal is essentially a request for this Court to reweigh the evidence, second guess the magistrate court’s credibility determination, and reach a different conclusion than the magistrate court on custody matters within its discretion. This warrants an award of attorney’s fees under section 12- 121.

Section 12-121 permits attorney fees for a prevailing party when a proceeding was brought, pursued, or defended frivolously, unreasonably, or without foundation; prevailing on appeal alone does not warrant fees.

Clover v. Crookham Company · filed 2024-12-31

Attorney fees may be awarded to a prevailing party under Idaho Code section 12-121 if the proceeding was brought, pursued, or defended frivolously, unreasonably, or without foundation. I.C. § 12-121. Although Crookham is the prevailing party on appeal, we do not find that Clover’s arguments justify an award of attorney fees under section 12-121.

Section 12-121 permits appellate attorney fees for a prevailing party when the case was brought, pursued, or defended frivolously, unreasonably, or without foundation; defending a favorable summary judgment in a case presenting thorny issues did not meet that standard.

Rose v. Martino · filed 2025-01-17

Idaho Code section 12-121 allows this Court to award attorney fees on appeal to the prevailing party when “the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. The Roses argue the Martinos defended this appeal unreasonably based on Idaho caselaw related to the breach of the covenant of seisin. This case presented thorny issues, specifically a recorded boundary line agreement in the context of a third- party action for breach of warranty of title. We hold that the Martinos did not defend this appeal frivolously, unreasonably, or without foundation because they were defending the district court’s grant of summary judgment in their favor.

Section 12-121 permits an attorney fee award on appeal only to a prevailing party.

Marlar v. Gearhart · filed 2025-02-27

Marlar is not the prevailing party, and therefore is not entitled to fees under Idaho Code sections 12-120(1) and 12-121.

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

Needham v. Needham · filed 2025-03-19

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party and such an award is appropriate when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... That standard for an award of attorney fees has been satisfied in this case. Accordingly, Janet is entitled to an award of attorney fees and costs 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.

Randall v. Wooddell · filed 2025-03-20

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). That standard for an award of attorney fees is satisfied in this case. Accordingly, the Randalls are awarded attorney fees on appeal.

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

Smith v. Mountain View Hospital, LLC · filed 2025-03-25

Idaho Code § 12-121 also permits the prevailing party to be awarded attorney fees and costs when the court “finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” For the above-stated reasons, this appeal was pursued frivolously, unreasonably, and without foundation. We therefore award MVH attorney fees and costs on appeal.

Section 12-121 permits the court to decline appellate attorney fees when both parties advance well-founded arguments on an issue of first impression.

Limary v. McLean · filed 2025-03-28

Both parties request attorney fees on appeal under Idaho Code section 12-121. “In any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties when the judge finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. “An award of attorney fees under [Idaho Code section 12-121] is not a matter of right to the prevailing party.” Pelayo v. Pelayo, 154 Idaho 855, 865, 303 P.3d 214, 224 (2013) (quoting Michalk v. Michalk, 148 Idaho 224, 235, 220 P.3d 580, 591 (2009)). Though both parties allege that the other pursued or defended the appeal frivolously, both have submitted well-founded arguments on an issue of first impression regarding Rule 706 of the Idaho Rules of Family Law Procedure. Therefore, we decline to award attorney fees to either party on appeal.

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

Three Mile Properites, LLC v. Fauver · filed 2025-04-04

Idaho Code § 12-121 permits the prevailing party to be awarded attorney fees when the court “finds that the case was brought, pursued or defended frivolously, unreasonably or without foundation.” ... Because this appeal was brought frivolously, unreasonably and without foundation, TMP is entitled to attorney fees and costs on appeal.

Section 12-121 does not entitle a party to appellate attorney fees when its arguments are unsuccessful.

Valdovinos v. State · filed 2025-04-04

Pursuant to I.C. § 12-121, Valdovinos requests an award of attorney fees incurred in connection with this appeal. Valdovinos’ arguments were unsuccessful and therefore he is not entitled to an award of attorney fees.

Section 12-121 permits an award of appellate attorney fees to the prevailing party when the losing party repeats arguments made below without persuasive new authority or reason to doubt the law the court applied.

Crow v. Crow · filed 2025-04-22

Where a non-prevailing party continues to rely on the same arguments used in front of the lower courts, without providing additional persuasive law or bringing into doubt the existing law on which the court based its decision, an award of attorney fees under I.C. § 12-121 may be appropriate. Plasse v. Reid, 172 Idaho 53, 65, 529 P.3d 718, 730 (2023). This standard is satisfied in this case. Attorney fees and costs are therefore awarded to Meliah.

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

MacDonald v. Hannon · filed 2025-04-29

Hannon has requested an award of attorney fees pursuant to I.C. § 12-121 and I.A.R. 41. Such an award is appropriate when the court finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... This Court concludes that this appeal was brought frivolously, unreasonably and without foundation.

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

Stephens v. Buell · filed 2025-04-30

For these reasons, we conclude that Mother brought this appeal frivolously, unreasonably, or without foundation. Accordingly, Father is entitled to attorney fees under Idaho Code section 12-121.

Section 12-121 permits attorney fees to a prevailing party on appeal when the appeal is frivolous, unreasonable, or without foundation; rejection of the appellant’s arguments alone does not establish frivolousness.

Mann v. North Canyon Medical Center, Inc. · filed 2025-06-04

NCMC requests attorney fees pursuant to I.C. § 12-121, which permits a court to award reasonable attorney fees to the prevailing party when the case was brought, pursued, or defended frivolously, unreasonably, or without foundation. ... While we have rejected Mann’s arguments on appeal, we cannot say that her appeal is frivolous.

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

Queen v. Clegg · filed 2025-06-25

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. Both parties argue that, upon prevailing, they shall be awarded attorney fees pursuant to I.C. § 12-121. We do not find that the appeal has been brought or defended frivolously, unreasonably, or without foundation; therefore, attorney fees are not awarded to either party.

Section 12-121 permits attorney fees on appeal when the appeal was brought or pursued frivolously, unreasonably, or without foundation; an unsuccessful appeal alone does not meet that standard.

Smith v. Hippler · filed 2025-06-26

Here, although we ultimately hold that Smith’s appeal is unsuccessful, we do not hold that the appeal was frivolous, unreasonable, or without foundation. Considering the nature of the interest at stake, we are not persuaded that Smith’s appeal was improperly brought or pursued. See I.C.A.R. 59(4)(f). We therefore decline to award the ADJ attorney fees on appeal.

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

Ramlow v. Mitchell · filed 2025-06-26

Idaho Code section 12-121 provides for attorney fees on appeal if “the case was brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. ... In an exercise of this Court’s discretion, we determine that Mitchell is entitled to an award of attorney fees on appeal under Idaho Code section 12-121.

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.

Katsilometes v. Katsilometes · filed 2025-07-09

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. ... That standard for an award of attorney fees is satisfied in this case. Accordingly, George is awarded attorney fees on appeal.

Section 12-121 permits appellate attorney fees to a prevailing party when an appeal is brought or defended frivolously, unreasonably, or without foundation; reasonable arguments over a legitimate legal issue do not warrant fees.

Attaway v. Sandmeyer · filed 2025-07-21

Because Sandmeyer and Attaway each presented reasonable arguments over a legitimate issue of law pertaining to the stipulated judgment, we decline to award attorney fees to either party under I.C. § 12-121.

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

State v. Pennington · filed 2025-10-01

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. Because Angela is not the prevailing party on appeal, she is not entitled to an award of attorney fees. Durrand is the prevailing party on appeal. While Angela did not prevail, we do not find that she pursued this appeal without any basis in fact or law.

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

Bybee v. Loftus · filed 2025-10-01

Bybee requests attorney fees on appeal pursuant to I.C. § 12-121. 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. Loftus’s appeal was not brought frivolously, unreasonably, or without foundation. Consequently, we decline to award attorney fees to Bybee.

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

McGraw v. Spokane Teachers Credit Union · filed 2025-10-10

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 finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... Accordingly, McGraw’s appeal was brought frivolously, unreasonably, and without foundation. Consequently, the Credit Union is entitled to its attorney fees and costs on appeal.

Section 12-121 permits an award of attorney fees on appeal to a prevailing party; a party that does not prevail is not entitled to fees.

R.C. Worst & Company, Inc. v. Williams · filed 2025-10-14

An award of attorney fees may be granted under I.C. § 12-121 and Idaho Appellate Rule 41 to the prevailing party. Worst is not the prevailing party and is therefore not entitled to an award of attorney fees.

Section 12-121 permits attorney fees on appeal for a prevailing party when the appeal is frivolous, unreasonable, or without foundation; fees are denied when that standard is unmet.

Burnett v. Price · filed 2025-10-20

That standard has not been satisfied in this case. Accordingly, we decline to award attorney fees in this case, but we award costs to Burnett as the prevailing party 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.

Shirk v. Shirk · filed 2025-10-23

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, Israel’s appeal was brought and pursued frivolously, unreasonably, and without foundation. Consequently, Erika is entitled to attorney fees and costs 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.

Clark v. Conger · filed 2025-10-24

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party and such an award is appropriate when the court finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation.

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

Nork v. Taylor · filed 2025-10-30

An award of attorney fees may be granted under I.C. § 12-121 to the prevailing party and such an award is appropriate when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). An award of attorney fees is appropriate if the appellant only invites this Court to second-guess the trial court on conflicting evidence, or if the law is well settled and the appellant has made no substantial showing that the lower court misapplied the law, or no cogent challenge is presented with regard to the trial court’s exercise of discretion. Pass v. Kenny, 118 Idaho 445, 449-50, 797 P.2d 153, 157-58 (Ct. App. 1990). That standard for an award of attorney fees has not been satisfied in this case. Accordingly, Respondents are not awarded attorney fees on appeal.

Section 12-121 permits appellate attorney fees for a prevailing party when the appeal was brought or defended frivolously, unreasonably, or without foundation; prevailing on most issues does not warrant fees when an appellate issue is not frivolous.

F&G Timberlands, LLC v. Megan and Matthew Dotson, Robert and Julie Williams · filed 2025-11-03

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. As F&G prevailed on the majority of the issues, we conclude it is the prevailing party on appeal. However, because we hold that the Dotsons’ and Williamses’ attorney fees issue is not frivolous, F&G is entitled to costs but not attorney fees on appeal.

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

Freeland v. Agricultural Services, Inc. · filed 2025-11-13

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. We cannot conclude that Freeland brought the appeal frivolously, unreasonably, or without foundation. Therefore, an award of attorney fees is improper.

Section 12-121 permits attorney fees on appeal only for a prevailing party, and a fee request must be supported by argument that the appeal was brought, pursued, or defended frivolously, unreasonably, or without foundation.

Rossman Law Group, PLLC v. Holcomb and Carraway · filed 2025-11-19

For this reason, Hillary is not the prevailing party on appeal. Although Denny is the prevailing party on appeal, he failed to support his attorney fee request with any argument concerning why Hillary’s defense of his appeal was frivolous, unreasonable or without foundation.

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.

Herbert v. Kirk · filed 2025-11-25

An award of attorney fees may be granted under I.C. § 12-121 to the prevailing party and such an award is appropriate when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... The standard for an award of attorney fees has been satisfied in this case. Accordingly, the Herberts are awarded attorney 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.

Miskin v. Morrell · filed 2025-12-03

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 permits attorney fees for a prevailing party when an appeal is frivolous, unreasonable, or without foundation; fees may be limited to the oral argument that meets that standard.

Delano v. Pike · filed 2025-12-10

An award of attorney fees may be granted under I.C. § 12-121 to the prevailing party and such an award is appropriate when the Court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... Accordingly, we find the I.C. § 12-121 standard has been met as it relates to oral argument and the Pikes’ are awarded attorney fees on appeal related to the costs of oral argument.

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

Ross nka Miller v. Ross · filed 2026-02-04

As to I.C. § 12-121, we do not find the standard is met in this case and decline to award attorney fees on that basis.

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.

DPW Enterprises LLC, Mountain Prime 2018 LLC v. Bass, Pike · filed 2026-02-04

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party and such an award is appropriate when the court finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation.

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

Baumhoff, John and Jane Doe v. Sams, Sams · filed 2026-02-18

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.