JONES v. BEREZAY

No. 18632.

815 P.2d 1072 (1991)

120 Idaho 332

Bruce and Debbie JONES, husband and wife, d/b/a Royal Cleaners, Plaintiffs-Respondents, v. Deanne BEREZAY n/k/a Deanne Newbold, Defendant-Appellant.

Supreme Court of Idaho, Pocatello, May 1991 Term.

August 21, 1991.


Attorney(s) appearing for the Case

Moss & Esplin, Blackfoot, for defendant-appellant. Dalon Esplin argued.

Blaser, Sorensen & Hansen, Blackfoot, for plaintiffs-respondents. Scott H. Hansen argued.


JOHNSON, Justice.

This case concerns the denial of costs and attorney fees to the defendant when the trial court issued an order allowing the plaintiffs voluntarily to dismiss the action. In deciding the case, we are required to interpret I.R.C.P. 68 and 41(a)(2). We affirm the trial court's order that each party bear their own attorney fees and costs.

I.

BACKGROUND AND PRIOR PROCEEDINGS.

Bruce and Debbie Jones (the Joneses), doing business...

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