NALEN v. JENKINS

No. 16646.

741 P.2d 366 (1987)

113 Idaho 79

Craig A. NALEN and Katherine A. Nalen, husband and wife, Plaintiffs-Appellants, v. Edward W. JENKINS, d/b/a American Homes, Defendant-Respondent.

Court of Appeals of Idaho.

July 29, 1987.


Attorney(s) appearing for the Case

Richard H. Greener of Clemons, Cosho & Humphrey, Boise, for plaintiffs-appellants.

Jeffrey R. Christenson of Ringert, Clark, Harrington, Reid, Christenson & Kaufman, Boise, for defendant-respondent.


SWANSTROM, Judge.

This appeal arises from an award of attorney fees under § 48-608(3) of the Idaho Consumer Protection Act. Craig and Katherine Nalen, the appellants, contend that the award was unreasonably small. The sole issue is whether the trial court properly exercised its discretion in calculating the amount awarded. For reasons explained below, we vacate the award and remand the case.

A review of the facts and proceedings is in order. Craig and...

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