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SMITH EX REL. SMITH v. TREASURE VALLEY SEED

Docket No. 45543.

434 P.3d 1260 (2019)

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, v. TREASURE VALLEY SEED COMPANY, LLC, and Don Tolmie, in His Individual Capacity, and as Owner, Representative and Authorized Agent of Treasure Valley Seed Company, LLC, Defendants-Respondents.

Supreme Court of Idaho, Boise, November 2018 Term.

Rehearing Denied March 7, 2019.

Attorney(s) appearing for the Case

Vernon K. Smith , Boise, attorney for appellant1.

I. NATURE OF THE CASE

Vernon K. Smith appeals from the district court's award of sanctions. In a prior appeal in this case, we held that attorney fees could not be awarded against Smith under section 12-121 because Smith was counsel on the case, rather than a party to the case. We remanded this dispute for further proceedings...

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