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BARBEE v. WMA SECURITIES, INC.

No. 30131/31298.

146 P.3d 657 (2006)

James K. BARBEE, as assignee of Patricia and John Bentley, Plaintiff-Appellant, and John & Patricia Bentley, husband and wife, Diane Golbeck, Mark Roth, Arian Colachis and the law firm of Golbeck, Roth & Colachis, PLLC, Assignees, Plaintiffs, v. WMA SECURITIES, INC. and John Allen Kenas, Defendants-Respondents. James K. Barbee, as assignee of Patricia and John Bentley, Plaintiff-Appellant-Cross Respondent, and John & Patricia Bentley, husband and wife, Diane Golbeck, Mark Roth, Arian Colachis and the law firm of Golbeck, Roth & Colachis, PLLC, Assignees, Plaintiffs, v. WMA SECURITIES, INC. and John Allen Kenas, Defendants-Respondents-Cross Appellants.

Supreme Court of Idaho, Lewiston, April 2006 Term.

September 29, 2006.

Attorney(s) appearing for the Case

James K. Barbee, Seattle, for appellant.

Evans, Craven & Lackie, P.S., Spokane, for respondents. Amy C. Clemmons argued.

TROUT, Justice.

This is a dispute about a claim for attorney fees incurred in arbitration. It is a consolidated action involving (1) an award confirmation proceeding, which included a request for attorney fees; and (2) a subsequent court action filed solely to obtain attorney fees under the Idaho Securities Act (ISA). The main issue is whether a pre-arbitration lawsuit must be filed to obtain attorney fees under I.C. § 30-1446.1<...

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