RUGE v. POSEY

No. 16957.

761 P.2d 1242 (1988)

114 Idaho 890

Marie G. RUGE and Jim Ruge, wife and husband, Plaintiffs-Appellants, v. Frank Reed POSEY and Jane Doe Posey, husband and wife, Defendants-Respondents.

Court of Appeals of Idaho.

September 6, 1988.


Attorney(s) appearing for the Case

Penelope Parker-Kimber and John C. Hohnhorst (Hepworth, Nungester, Felton & Lezamiz), Twin Falls, for plaintiffs-appellants.

Thomas A. Banducci (Eberle, Berlin, Kading, Turnbow & Gillespie), Boise, for defendants-respondents.


BURNETT, Judge.

Rule 37(c), I.R.C.P., authorizes a trial judge to award costs and attorney fees expended to prove "the truth of any matter" denied in response to a request for admission. The primary issue in this appeal is the trial judge's refusal to make such an award. We also are asked to review the judge's denial of costs and attorney fees under I.R.C.P. 54. For reasons explained below, we affirm the district court's order in part, vacate it in part, and remand...

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