 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Stanley v. Lennox Industries11/5/2004
Idaho Rules of Civil Procedure, to inspect or test the controller. Under these circumstances, we decline to adopt the rule urged by Lennox.
The district court erred in granting summary judgment in favor of Lennox. We therefore reverse the district court's grant of summary judgment to Lennox and vacate the judgments dismissing the complaint as to Lennox and awarding it court costs and attorney fees.
Lennox seeks an award of attorney fees on appeal pursuant to Idaho Code ยง 12-121. Because it has not prevailed on the appeal, it cannot recover attorney fees under that statute. King v. King, 137 Idaho 438, 50 P.3d 453 (2002).
III. CONCLUSION
The order granting summary judgment to Lennox is reversed and the judgments in favor of Lennox are vacated. This case is remanded for further proceedings consistent with this opinion. Costs on appeal are awarded to the appellant.
Chief Justice SCHROEDER, and Justices TROUT, KIDWELL and BURDICK CONCUR.
|