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GRIGGS v. NASH

No. 17637.

775 P.2d 120 (1989)

116 Idaho 228

Gordon GRIGGS and Doris Griggs, husband and wife, Plaintiffs, v. Charles E. NASH and Tina E. Nash, husband and wife; Equity Mortgage Services, Inc.; Mortgage Services Escrow; Rick L. VanGelder and Jane Doe VanGelder, husband and wife; John Does No. 1-5; First American Title Insurance Company; United States of America, by and through the Internal Revenue Service; State of Idaho, by and through the Department of Revenue and Taxation; Julie J. Anselment; Bruneel Tire Service; American Carpet Cleaners; Dennis Allen; Tina E. Nash; First Security Bank of Idaho; Coleman Oil Company, Defendants. EQUITY MORTGAGE SERVICES, INC.; Mortgage Services Escrow; and Rick L. VanGelder, Third-Party Plaintiffs-Appellants, v. Kim TROUT, Third-Party Defendant-Respondent.

Supreme Court of Idaho.

May 24, 1989.

Attorney(s) appearing for the Case

Quane, Smith, Howard & Hull, Boise, for appellants. W. Scott Wigle, argued.

Clements, Brown & McNichols, Lewiston, for respondent. Michael McNichols, argued.

JOHNSON, Justice.

This is an action against an attorney seeking indemnity or contribution based on an alleged breach of a fiduciary relationship and negligence. The primary issue presented is whether the two-year statute of limitations contained in I.C. § 5-219(4) had run before the action against the attorney was commenced. The trial court ruled that the statute had run. The trial court also awarded attorney fees to the attorney pursuant to I.C. § 12-120...

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