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STEVENSON v. WINDERMERE REAL ESTATE/CAPITAL

No. 38121.

275 P.3d 839 (2012)

Thomas E. STEVENSON and Vicki Jan Stevenson, husband and wife, Plaintiffs-Appellants-Cross Respondents, v. WINDERMERE REAL ESTATE/CAPITAL GROUP, INC., an Idaho corporation., Defendant-Respondent-Cross Appellant, and 323 Jefferson LLC, an Idaho limited liability company, Defendant.

Supreme Court of Idaho, Boise, January 2012 Term.

Rehearing Denied May 11, 2012.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett, Rock & Fields, Chartered, Boise, for appellants. Robert B. Burns argued.

Risch Pisca , PLLC, Boise, for respondent. Jason Risch argued.

HORTON, Justice.

Real estate purchasers Thomas and Vicki Stevenson (the Stevensons) appeal the district court's grant of summary judgment dismissing their unjust enrichment claim against Windermere Capital Group (Windermere), broker to seller 323 Jefferson, LLC (Jefferson). The Stevensons also appeal the district court's award of attorney fees to Windermere pursuant to I.C. § 12-121. Windermere cross-appeals the district court's denial of its request for attorney...

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