SUN VALLEY SHOPPING CTR. v. IDAHO POWER

Nos. 17434, 17435.

803 P.2d 993 (1991)

119 Idaho 87

SUN VALLEY SHOPPING CENTER, INC., d/b/a Atkinson's Market, an Idaho corporation, Continental Casualty Company (as Subrogee of Pek Corporation d/b/a Chateau Drugs, an Idaho corporation), Plaintiffs-Appellants, and John B. McCabe, individually, Real Party in Interest-Appellant, v. IDAHO POWER COMPANY, a Maine corporation, Defendant-Respondent. UNIGARD INSURANCE COMPANY (as Subrogee of Nancy's Beauty Shop), Unigard Insurance Company (as Subrogee of William J. Boaz and Pamela S. Boaz d/b/a Ketchum Nutrition Center), Plaintiffs-Appellants, and John B. McCabe, individually, Real Party in Interest-Appellant, v. IDAHO POWER COMPANY, a Maine corporation, Defendant-Respondent. GIACOBBI SQUARE, a Joint Venture, a Partnership, By and Through its Partners, Frank Pearson, Joseph Humphreys, Stanton Atkinson, and Don Atkinson, Capitol Investments, a General Partnership, by its Partners Ron Sharp and Robert (Bob) Fenzl, Industrial Indemnity (as Subrogee of D.C.I. Group Companies, Inc. a/k/a Design Concepts, Inc., and Design Concepts, Inc., a Corporation, Arnie Egilsson and Dorette Egilsson d/b/a The Icelander, U.S. Fidelity & Guaranty Co. (as Subrogee of Desimo, Inc. d/b/a Carrolls), Terry Kent Sturges d/b/a Kids Stuff, U.S. Fidelity & Guaranty Co. (as Subrogee of Ann Hellwig d/b/a Put On's), Kim Piotter d/b/a Undercover Agency, Allied Mutual Insurance Company, an Iowa corporation, f/k/a Aid Insurance Company (Mutual), as Subrogee of Mountain Tops of Sun Valley, Inc., a Corporation, and John and Shirley Christensen, Plaintiffs-Appellants, and John B. McCabe, individually, Real Party in Interest-Appellant v. IDAHO POWER COMPANY, a Maine corporation, Respondent.

Supreme Court of Idaho, Boise, May 1990 Term.

January 2, 1991.


Attorney(s) appearing for the Case

Quane, Smith, Howard & Hull, Boise, for plaintiffs-appellants, Sun Valley Shopping Center, Unigard and Giacobbi Square Shopping Center. Mr. Thomas H. Lopez argued.

E. Lee Schlender, Chartered, Hailey, Clausen, Miller, Gorman, Caffrey and Witous, PC, Chicago, Ill., for real party in interest-appellant McCabe. Mr. James T. Ferrini argued.

Risch, Goss, Insinger & Salladay, Boise, for defendant-respondent. Mr. G. Lance Salladay argued.


THE PREVIOUS OPINION ISSUED AUGUST 7, 1990, IS HEREBY WITHDRAWN AND THIS OPINION IS SUBSTITUTED ON DENIAL OF REHEARING THEREFOR.

JOHNSON, Justice.

These appeals concern awards of costs and attorney fees against plaintiffs and one of their attorneys who unsuccessfully brought and pursued a lawsuit for damages caused by a fire.

In resolving the issues presented, we hold:

1. The trial court did not abuse its discretion in awarding discretionary...

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