Idaho Code § 12-121

Section 12-121 permits a prevailing party to recover apportioned attorney fees for claims pursued frivolously, even when other claims have a plausible basis.

Spears v. Antelope Mountain Resort, LLC · filed 2026-02-27

Therefore, we conclude that the Flaget heirs’ appeal of the NIED and IIED claims was pursued frivolously and apportion an award of attorney fees to Mary Russell for the defense against those elements of the case alone.

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

Dawn A. Maciosek v. Dow · filed 2026-02-27

Therefore, Dow is entitled to attorney fees on appeal pursuant I.C. § 12-121 because the appeal was pursued frivolously, unreasonably, or without foundation.

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; when the case is remanded and neither party has yet prevailed, the fee decision may be deferred until the prevailing party is determined.

Johnson v. SRM-Double L, LLC · filed 2026-03-02

Under Idaho Code section 12-121, the Court may award “reasonable attorney’s fees to the prevailing party” when it finds that the appeal “was brought, pursued or defended frivolously, unreasonably or without foundation.” I.C. § 12-121. Because we are remanding the case to the district court for further proceedings, neither party has yet prevailed. We leave it to the district court to address the propriety of an award of attorney fees on appeal after it determines the prevailing party.

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

Re/Max Prestige, Daren Long v. Mattson · filed 2026-03-06

Pursuant to I.C. § 12-121 and I.A.R. 41, an award of attorney fees may be granted to the prevailing party and such an award is appropriate when the court finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. 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). This standard is satisfied in this case. Accordingly, Re/Max Prestige and Long are entitled to costs and attorney fees on appeal.

Section 12-121 permits attorney fees to a prevailing party on appeal when the appeal was brought or defended frivolously, unreasonably, or without foundation; fees are denied when that standard is not met.

Jones v. Jones · filed 2026-04-20

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 decline to award attorney fees in this case as that standard has not been met.

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

Reid v. Teton County · filed 2026-04-29

Pursuant to I.C. § 12-121 and I.A.R. 41, an award of attorney fees may be granted to the prevailing party, and such an award is appropriate when the court finds that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... This standard is satisfied in this case. Accordingly, Teton County is entitled to costs and attorney fees on appeal as the prevailing party.

Section 12-121 permits appellate attorney fees for a prevailing party when the appeal lacks a reasonable basis in fact or law.

State of Idaho v. Matney · filed 2026-04-30

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. Rendon v. Paskett, 126 Idaho 944, 945, 894 P.2d 775, 776 (Ct. App. 1995). Upon review of the record and the parties’ briefing, we conclude that Brim’s appeal was brought without a reasonable basis in fact or law. Accordingly, we award Pinehaven attorney fees on appeal under I.C. § 12-121 and costs pursuant to I.A.R. 40 as the prevailing party.

Section 12-121 permits an appellate attorney-fee award to the prevailing party when the appeal lacks a reasonable basis in fact or law.

Idaho Lots, LLC v. Brim · filed 2026-04-30

Upon review of the record and the parties’ briefing, we conclude that Brim’s appeal was brought without a reasonable basis in fact or law. Accordingly, we award Pinehaven attorney fees on appeal under I.C. § 12-121 and costs pursuant to I.A.R. 40 as the prevailing party.

Section 12-121 permits discretionary attorney fees on appeal for a prevailing party when the appeal was pursued frivolously, unreasonably, or without foundation; losing an appeal alone does not satisfy that standard.

Estate of Kalinski v. Murphy Law Office PLLC · filed 2026-05-05

Attorney fees on appeal under Idaho Code section 12-121 are not awarded to a prevailing party as a matter of right but, rather, are subject to this court’s discretion. ... Because we affirm the district court’s decision, Murphy is the prevailing party. ... Although a close question, we decline to conclude that the appeal was pursued frivolously, unreasonably, or without foundation.

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.

Randall v. Mauk Miller & Hawkins, PLLC and Joe Miller · filed 2026-05-13

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 Respondents are awarded attorney fees on appeal.

Section 12-121 permits an appellate court to award a prevailing party attorney fees for the time spent responding to arguments that were frivolous, unreasonable, and without foundation.

GRETCHEN HYDE, an Individual, and as Limited Partner of the DAVID LITTLE FAMILY LIMITED LIABILITY PARTNERSHIP, an Idaho · filed 2026-06-09

As a result, we conclude that these aspects of the appeal were frivolous, unreasonable, and without foundation, and, therefore, an award of attorney fees is granted to Oxarangos under Idaho Code section 12-121 for the time spent responding to those arguments.

Section 12-121 permits an award of attorney fees to a respondent on appeal when the trial court’s judgment is affirmed.

Merris v. Ada County · filed 1979-04-10

We have affirmed the trial court and therefore costs and attorney fees are granted to respondent Merris. See Minich v. Gem State Developers, 99 Idaho 911, 591 P.2d 1078 (1979); I.C. § 12-121.

Section 12-121 permits attorney fees on appeal when a party's failure to follow appellate rules, together with its other conduct, justifies an award.

Jensen v. Doherty · filed 1981-02-11

Failure to follow the established rules of this court, in conjunction with the other actions of the appellant, supra, justifies an award of attorney fees on appeal. I.A.R. 41; I.C. § 12-121; Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979).

Section 12-121 does not warrant attorney fees on appeal when one issue is nonfrivolous, even if the others are frivolous.

Parsons v. Idaho State Tax Commission, Department of Revenue & Taxation · filed 1986-03-21

The commission has requested attorney fees on appeal under I.C. § 12-121 and I.A.R. 41. With one exception, we deem the issues raised by Parsons on this appeal to be frivolous and without foundation. ... We therefore will treat Parsons’ contentions regarding the garnishment procedure as nonfrivolous. For this reason we decline to award fees on appeal to the tax commission in this case.

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

Sherry v. Sherry · filed 1986-06-30

Under I.C. § 12-121 such an award of attorney fees by an appellate court is proper only if the court is left with an “abiding belief that the appeal was brought ... frivolously, unreasonably, or without foundation.”

Section 12-121 authorizes an award of attorney fees on appeal.

Carter v. Rich · filed 1986-09-25

Attorney fees on appeal to Riches pursuant to the contract, and attorney fees to Kirby pursuant to I.C. § 12-121.

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

Harms Memorial Hospital v. Morton · filed 1986-12-26

Both sides claim attorney fees on appeal. Such an award is proper only if the court finds that the appeal was brought or defended frivolously or without foundation. ... We decline to make such a finding in this case. Hence, no fees are awarded.

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

Roberts v. Verner · filed 1989-08-03

Such an award is not appropriate unless the reviewing court is left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably or without foundation.

Section 12-121 authorizes an award of attorney fees on appeal.

Equitable Life Assurance Society of the United States v. Clapier · filed 1991-10-31

We award costs and attorney fees on appeal to the Frisbys pursuant to I.A.R. 40 and I.C. § 12-121.

Section 12-121 permits attorney fees on appeal when the appeal merely asks the court to second-guess findings on conflicting evidence and consider issues not raised below.

Saint Alphonsus Regional Medical Center, Inc. v. Krueger · filed 1992-02-21

Second, this appeal merely has presented an invitation to second-guess the trial court on conflicting evidence and to consider issues which were not raised below. Under these circumstances an award of attorney fees on appeal is appropriate. I.C. § 12-121.

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

Oldcastle Precast, Inc. v. Parktowne Construction, Inc. · filed 2005-12-22

Developers Surety seeks an award of attorney fees pursuant to Idaho Code § 12-121. Attorney fees could be awarded against Oldcastle under that statute only if it brought or pursued the appeal frivolously, unreasonably, or without foundation. BHA Invs., Inc. v. City of Boise, 141 Idaho 168, 108 P.3d 315 (2004). The legal issue raised by Oldcastle was a matter of first impression, and it therefore did not bring or pursue this appeal frivolously, unreasonably, or without foundation.

Section 12-121 does not support attorney fees on appeal when the opposing party’s defense is neither unreasonable nor frivolous.

Lettunich v. Lettunich · filed 2008-05-20

Ed seeks an award of attorney fees on appeal pursuant to Idaho Code § 12-121, arguing that any defense to the amount of attorney fees awarded on remand is unreasonable and frivolous. Obviously, Mike’s defense of the award of attorney fees was not unreasonable or frivolous.

Section 12-121 permits reasonable attorney fees for a prevailing party when an appeal is brought or defended frivolously, unreasonably, or without foundation; fees are unwarranted when the appeal presents a novel legal question.

Hamberlin v. Bradford · filed 2019-12-11

Under this statute reasonable attorney fees may be awarded to the prevailing party when an appeal is brought or defended frivolously, unreasonably, or without foundation. I.C. § 12-121. However, “[a]ttorney fees under [section] 12-121 are not warranted where a novel legal question is presented.” McCann v. McCann, 152 Idaho 809, 823, 275 P.3d 824, 838 (2012) (internal citation omitted). We decline to award attorney fees to either party on appeal. We have not previously considered whether a party seeking to rescind a VAP based on material mistake of fact must have acted reasonably when the VAP was executed. Thus, Bradford’s appeal was not brought frivolously, unreasonably, or without foundation.

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

Coma v. Plechner · filed 2025-04-10

An award of attorney fees may be granted under I.C. § 12-121 and I.A.R. 41 to the prevailing party and such an award is appropriate when the court is left with the abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. ... This conclusory request for attorney fees is insufficient; as such, the request is denied.

Section 12-121 permits a court to deny a claim for attorney fees on appeal.

McNeil v. Gisler · filed 1979-10-23

Gisler’s claim for I.C. § 12-121 attorney fees on appeal is denied.

Section 12-121 permits an attorney-fee award on appeal when the appellant fails to provide a sufficient record for review.

Marjonen v. Poole · filed 2023-03-07

Failure to provide a sufficient record can support an award of attorney fees under I.C. § 12-121.

Section 12-121 is procedural and does not authorize attorney fees in a federal diversity action.

Horsley v. Wardwell · filed 2023-05-03

Wardwell next points to an Idaho statute allowing courts to award attorney fees in cases “brought, pursued, or defended frivolously, unreasonably or without foundation.” Idaho Code § 12-121. The Court cannot award attorney fees under that statute, however, because it is procedural and does not apply in federal court.

Section 12-121 awards attorney fees to the prevailing party, rather than its counsel or a nonparty.

Puckett v. Evans · filed 2023-10-04

A plain reading of I.C. § 12-121 indicates it is the party to the suit, not their counsel or nonparties, that are eligible for the award of attorney fees.

Section 12-121 permits a partial appellate attorney fee award for work on challenges that lack legal or factual foundation.

Bass v. Esslinger · filed 2023-03-02

The Esslingers’ challenges to the district court’s denial of their motion to continue the summary judgment hearing and motion to take judicial notice of the entire record from the Quiet Title Litigation were without legal or factual foundation. ... Accordingly, we award reasonable attorney’s fees to the Basses for the work and time spent on the motion to continue the summary judgment and motion to take judicial notice of the entire record from the Quiet Title Litigation.

Section 12-121 permits a partial appellate fee award for work defending against particular arguments that are frivolous or without foundation.

John Doe I and Jane Doe I v. Doe · filed 2024-12-20

Father requests attorney fees pursuant to section 12-121. ... Mother’s arguments regarding invited error, appellate waiver, law of the case doctrine, and claim splitting are frivolous or without foundation. ... Accordingly, we award Father partial fees on appeal for time spent defending against those arguments.

Section 12-121 allows attorney fees to the prevailing party in a civil action, with the award made after all claims and judgments have been settled.

Madison Real Property v. Thomason · filed 2013-08-12

So although Rule 54(d)(1)(B) and sections 12-120 and 12-121 are interpreted to indicate attorneys’ fees and costs are to be awarded in an action after all claims and judgments have been settled, section 6-545 does not present the same limitation.

Section 12-121 permits attorney fees for a prevailing party, but a fee award is premature when unresolved claims make the prevailing party unclear.

Frizzell v. DeYoung · filed 2018-04-04

This Court, in any civil action, may award reasonable attorney fees to the prevailing party. I.C. § 12-121; Doe v. (2016-7), 161 Idaho 67, 79, 383 P.3d 1237, 1249 (2016). ... However, an award of attorney fees is improper at this juncture, as it is not yet clear who the prevailing party will be.

Section 12-121 permits an attorney fee award only to a prevailing party; an award must be vacated when reversal leaves no prevailing party yet.

Davison v. Debest Plumbing, Inc. · filed 2018-04-24

The district court granted DeBest attorney fees connected to its defense of the contract claims pursuant to Idaho Code section 12-121. 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. Because we reverse the district court’s decision to grant summary judgment on the negligence claim, there is not yet a prevailing party. Therefore, we vacate the district court’s award of attorney fees.

An attorney-fee award under § 12-121 is premature when the underlying summary judgment is reversed and the case remanded for further proceedings.

Harbaugh v. Myron Harbaugh Motor, Inc. · filed 1979-06-28

The district court's award of attorney fees to respondents under I.C. § 12-121 is premature and is therefore reversed.

Section 12-121 requires an overall finding that the losing party’s claims or defense were frivolous, unreasonable, or without foundation; a fee award is premature before the court can assess the entire course of litigation.

DesFosses v. DesFosses · filed 1992-09-02

As we interpret it, Magic Valley requires an overall finding that plaintiffs’ claims were “defended frivolously, unreasonably or without foundation.” I.R.C.P. 54(e)(1). No such comprehensive finding was made here. ... Accordingly, we must vacate that part of the fee award which was based solely upon I.C. § 12-121.

Section 12-121 attorney fees cannot be awarded before the case is resolved and a prevailing party can be determined.

Cave Bay Community Services v. Lohman · filed 2026-02-09

Section 12-121 provides for an award of reasonable attorney fees to the prevailing party when another party has “brought, pursued or defended [a case] frivolously, unreasonably or without foundation.” ... Because we are remanding the case at the summary judgment stage, this case is not yet resolved, and the question of attorney fees is not yet ripe.

Section 12-121 permits attorney fees on appeal when the losing party ignores the evidence, asks the appellate court to reweigh it, or raises unpreserved issues.

Bettwieser v. Bettwieser · filed 2021-03-01

We conclude that Carole is entitled to an award of attorney fees on appeal under I.C. § 12-121. Bettwieser’s arguments either ignore the evidence or request this Court to reweigh the evidence, and he also raises numerous unpreserved issues on appeal. For these reasons, an award of attorney fees to Carole under I.C. § 12-121 is appropriate.

Section 12-121 does not make attorney fees automatic when an appeal raises an unpreserved issue; the prevailing party must show that the appeal was frivolous, unreasonable, or without foundation.

Medical Recovery Services, LLC v. Brandt · filed 2025-07-29

Moreover, that the district court found Brandt’s arguments on appeal were not preserved does not necessarily mean the appeal was frivolous, unreasonable, or without foundation. ... Because MRS failed to provide an adequate record on appeal, this Court cannot conclude that the district court abused its discretion by declining to award attorney fees to MRS pursuant to Idaho Code § 12-121.

Section 12-121 permits a discretionary award of reasonable attorney fees on appeal when the appeal lacks a reasonable basis in fact or law.

St. Luke's Health System, LTD v. Rodriguez · filed 2026-02-10

We conclude that Rodriguez’s appeal lacked any reasonable basis in fact or law. He presented multiple issues on appeal that he failed to raise below, he failed to properly support those issues with cogent argument and authority, and his submissions to this Court contain numerous inflammatory factual assertions consisting of exaggerations, distortions, and unfounded accusations. As a result, we award St. Luke’s its reasonable attorney fees pursuant to section 12- 121.

Section 12-121 does not provide attorney fees when the parties’ agreement requires each to pay its own fees and neither alleges a breach.

Thomas v. Thomas · filed 1991-04-30

Both parties request attorney fees on appeal pursuant to I.C. § 12-121, and Margo also argues that she is entitled to attorney fees below. We conclude, as did the district court, that the attorney fee question is resolved by the Thomases’ Agreement. The Agreement provides that, absent a breach of the Agreement, “each party shall assume and pay their own costs, expenses, and attorney’s fees in connection with this action.” Neither party alleges that the Agreement was breached; the nature of this case is to enforce or modify the Agreement.