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MIHALKA v. SHEPHERD

No. 33571.

181 P.3d 473 (2008)

Michael MIHALKA and Linda Mihalka, husband and wife, Plaintiffs-Respondents. v. Eugene SHEPHERD and Joni Shepherd, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Boise, February 2008 Term.

March 28, 2008.

Attorney(s) appearing for the Case

Hamilton, Michaelson & Hilty, LLP, Nampa, for appellants. Bryan K. Walker argued.

Stoel Rives, LLP, Boise, for respondents. Mark S. Geston argued.

HORTON, Justice.

This appeal arises from an award of costs and attorney fees pursuant to a settlement agreement. Eugene and Joni Shepherd appeal from the district court's decision awarding costs and attorney fees to Michael and Linda Mihalka. We affirm the decision of the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

The parties are next-door neighbors and own adjoining parcels of land. On April 9, 2004, the Mihalkas filed suit against the...

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