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BENNETT v. PATRICK

No. 38138.

276 P.3d 726 (2012)

Mathew R. BENNETT and Benjamin L. Walton, Plaintiffs-Appellants, v. Nancy PATRICK, Defendant-Respondent.

Supreme Court of Idaho, Boise, February 2012 Term.

April 27, 2012.

Attorney(s) appearing for the Case

Johnson Olson Chtd., Pocatello, for appellants. L. Charles Johnson, III argued.

Merrill & Merrill, Chtd., Pocatello, for respondent. Brendon C. Taylor argued.

J. JONES, Justice.

This is an attorney fee case. After prevailing at trial, plaintiffs Mathew Bennett and Benjamin Walton sought fees under I.C. § 12-120(4), which provides for fees in personal injury actions with claims under $25,000. The district court declined to award fees, holding that the plaintiffs waived any entitlement to fees because their complaint sought more than $25,000 each and because they asked for an even greater amount at trial. We reverse...

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