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LEE v. NICKERSON

No. 33896.

189 P.3d 467 (2008)

Jay LEE and Coral Lee, husband and wife, d.b.a. Earth Construction, Plaintiffs-Counterdefendants-Respondents, v. Charles R. NICKERSON and Donna Nickerson, husband and wife, Defendants-Counterclaimants-Appellants.

Supreme Court of Idaho, Boise, June 2008 Term.

July 10, 2008.

Attorney(s) appearing for the Case

Knowlton & Miles, PLLC, Lewiston, for appellants. Manderson L. Miles, Jr., argued.

Dale O. Cox, Orofino and Brady Law, Chtd., Boise, for respondents. Dale O. Cox and Kyle D. Duren argued.

BURDICK, Justice.

This appeal concerns the propriety of dismissing a counterclaim as a discovery sanction and the adequacy of an attorney fee award. We affirm the district court's dismissal of the counterclaim and remand the case to the district court on the issue of attorney fees.

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellants Charles and Donna Nickerson (the Nickersons) hired Jay Lee d.b.a. Earth Construction to construct a level barn pad and...

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