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SMITH EX REL. SMITH v. TREASURE VAL. SEED

Docket No. 42596.

383 P.3d 1277 (2016)

Victoria H. SMITH, BY AND THROUGH her attorney in fact, Vernon K. SMITH, by and through his Durable and Irrevocable Power of Attorney, Plaintiff-Appellant-Cross Respondent, v. TREASURE VALLEY SEED COMPANY, LLC, and Don Tolmie, in his individual capacity, and as owner, representative and authorized agent of Treasure Valley Seed Co., LLC, Defendants-Respondents-Cross Appellants.

Supreme Court of Idaho, Boise, August 2016 Term.

Filed: November 3, 2016.

Attorney(s) appearing for the Case

Law Office of Vernon K. Smith, Boise, for appellant. Vernon K. Smith , argued.

Eismann Law Offices, Nampa, for respondents. Ryan L. Martinat , argued.

Vernon K. Smith appeals the district court's award of attorney fees to Treasure Valley Seed Company, LLC and its owner Don Tolmie (collectively TVSC). Because we conclude the district court erred in fashioning the award of attorney fees under Idaho Code section 12-121, we vacate and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND...

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