SHAY v. CESLER

No. 23978.

977 P.2d 199 (1999)

132 Idaho 585

Margot SHAY, Plaintiff-Appellant, v. Richard CESLER and Joyce Cesler, husband and wife, dba The Power House Car Audio, Defendants-Respondents.

Supreme Court of Idaho, Boise, January 1999 Term.

March 17, 1999.


Attorney(s) appearing for the Case

Park, Thomas & Burkett, Boise, for appellant.

Brown & Edwards, Chtd., Boise, for respondents.


KIDWELL, Justice.

This appeal presents the issue of whether a prevailing employer can be awarded attorney fees when an employee makes a legitimate claim for wages under Title 45, Chapter 6 of the Idaho Code. The district court concluded that Richard and Joyce Cesler were entitled to recover attorney fees under I.C. § 12-120(3) for defending a wage claim made by Margot Shay. We reverse.

I.

BACKGROUND AND PRIOR PROCEEDINGS

Margot Shay...

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