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PLATT v. BROWN

No. 18281.

813 P.2d 380 (1991)

120 Idaho 41

Wilma Jean PLATT, Personal Representative for Elmer C. Brown, Plaintiff-Respondent, v. Adell BROWN, and any person or entity unknown claiming any right, title, estate or interest in or to the property described in Plaintiff's complaint, located in Canyon County, Idaho, and described as Route # 1 (Lavin Street), Caldwell, Idaho, Defendants-Appellants, and Vivian G. Moore, Defendant.

Court of Appeals of Idaho.

July 2, 1991.

Attorney(s) appearing for the Case

Ellis, Brown and Shiels Chdtr., Boise, for appellants. Allen B. Ellis (argued).

Douglas Lee Vander Boegh, Boise, for respondent.

SWANSTROM, Judge.

Adell Brown appeals from an amended judgment awarding costs and attorney fees against her in a quiet title action which included a claim of fraud against her co-defendant, Vivian Moore. The attorney fees were awarded against the two defendants, Vivian and Adell pursuant to I.C. § 12-121. Because Adell had been dismissed as a party before the start of trial, Adell maintains that she should not be held liable for the plaintiff's costs and fees...

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