· 6/16/2009
Zenner v. Holcomb
Citations
- 210 P.3d 552
- 147 Idaho 444
- 2009 Ida. LEXIS 98
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding Idaho R. Civ. P. 54(e)(3) is not applicable when the contract provides actual attorneys’ fees because the rule conflicts with the terms of the contract
- cautioning “that contractual language such as . . . ‘all attorneys fees’ does not give the prevailing party an unqualified right to unlimited attorney fees”
- awarding attorneys’ fees and costs on appeal under the terms of a contract providing that litigation fees involved in the enforcement of the contract will be paid by the prevailing party
- “Furthermore, I.R.C.P. 54(e)(1) governs the trial court’s award of attorney fees in a civil action when fees are provided by statute or contract. Rule 54(e)(1
- “Furthermore, I.R.C.P. 54(e)(1) governs the trial court’s award of attorney fees in a civil action when fees are provided by statute or contract. Rule 54(e)(1
- “Although offers of [settlement] may be considered, we have cautioned that they should not be the only, or even most significant, factor in the trial court’s prevailing party analysis.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Burdick, Eismann, Jones, Luster
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.