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SNIPES v. SCHALO

No. 22862.

950 P.2d 262 (1997)

130 Idaho 890

Walter D. SNIPES and Dale Snipes, husband and wife, Plaintiffs-Respondents, v. Larry B. SCHALO and Princess E. Schalo, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

December 17, 1997.

Attorney(s) appearing for the Case

Cooke, Lamanna, Smith, Cogswell & Elliott, Priest River, for appellants. Thomas E. Cooke argued.

Finney & Finney, Sandpoint, for respondents. Gary A. Finney argued.

PERRY, Judge.

Larry B. Schalo and Princess E. Schalo appeal an award of attorney fees to Walter D. Snipes and Dale Snipes. The underlying case was a trespassing cause of action filed by the Snipeses, in which the Schalos asserted, as a defense and counterclaim, the right to a prescriptive easement across the Snipeses' land. For the reasons set forth below, we vacate the award of attorney fees and remand to the district court for further proceedings.

I.

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