ROBERTSON v. RICHARDS

No. 18358.

800 P.2d 678 (1990)

118 Idaho 791

George L. ROBERTSON and Leah Robertson, husband and wife, Plaintiffs-Appellants, v. James L. RICHARDS, Defendant-Respondent.

Court of Appeals of Idaho.

Petition for Review Denied November 28, 1990.


Attorney(s) appearing for the Case

Dalon Esplin, Blackfoot, for plaintiffs-appellants.

Jeremiah A. Quane (argued), Quane, Smith, Howard & Hull, Boise, for defendant-respondent.

Before WALTERS, C.J., SWANSTROM, J. and SCHILLING, J. Pro Tem.


PER CURIAM.

This appeal involves a request for attorney fees under I.C. § 12-121. We are asked to decide whether, when attorney misconduct results in a grant of a new trial, the party obtaining the new trial should be allowed attorney fees and costs incurred during the first trial without waiting for a new trial to determine who ultimately prevails. The district court declined to award costs and fees but — at...

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