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STRAUB v. SMITH

No. 33348.

175 P.3d 754 (2007)

Cobi STRAUB, Plaintiff-Respondent, v. Donald R. SMITH and Leslie Smith, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Boise, April 2007 Term.

November 27, 2007.

Attorney(s) appearing for the Case

John Patrick Whelan, Coeur d'Alene, for appellants.

Beck & Poorman, LLC, Hayden, for respondent.

SUBSTITUTE OPINION

THE OPINION DATED JULY 31, 2007 IS HEREBY WITHDRAWN.

BURDICK, Justice.

Donald and Leslie Smith appeal from the district court's denial of an award of attorney fees and costs. We reverse and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellants, Donald Smith and Leslie Smith (the Smiths), sold a duplex located in Post Falls, Idaho to Respondent, Cori Straub. In relation to that transaction, Straub filed a complaint...

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