LUNN v. LUNN

No. 20572.

868 P.2d 521 (1994)

125 Idaho 193

Sheila Kay LUNN, Plaintiff-Respondent, v. Garry Ronald LUNN, Defendant-Appellant.

Court of Appeals of Idaho.

February 3, 1994.


Attorney(s) appearing for the Case

Setzke Law Office, Boise, for appellant. Raymond W. Setzke, Jr., argued.

William H. Ball, Boise, for respondent.


PERRY, Judge.

The magistrate awarded fees to Sheila Lunn after denying Garry Lunn's motion for modification of the parties' divorce decree. Garry appeals from the district court's order affirming the magistrate's award. The sole issue on appeal is whether the magistrate abused its discretion in awarding fees upon a finding that Garry's motion for modification was brought and pursued unreasonably, frivolously and without foundation.

On the date set for trial...

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