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Wilder v. Miller12/11/2000
form Fraudulent Transfer Act, as being present when a debtor's debts are greater than all of the debtor's assets. Idaho Code § 55-911(2) specifically provides that " debtor who is generally not paying his or her debts as they become due is presumed to be insolvent." At trial, the district court heard evidence that Cirafisi periodically lived with the Millers from 1989 to 1991, leaving on occasion to work abroad and storing his belongings with the Millers; the Millers were paying for Cirafisi's attorney in the personal injury action brought by Wilder; Cirafisi owed the Millers approximately $23,000 in 1992; the Millers kept records of how much money Cirafisi owed them; Cirafisi had not reimbursed the Millers as of the summer of 1992; and Cirafisi was without assets at this time. Furthermore, the trial exhibits included a letter from Cirafisi's attorney to the Millers purporting to give them "an opportunity to pay Mr. Cirafisi's obligation . . . prior to the initiation of Trust Deed foreclosure proceedings" on the Comeback Bay lot.
We therefore conclude that there was substantial and competent evidence presented at trial to support the district court's factual finding that Cirafisi was insolvent at the time the quitclaim transfer was accomplished. The district court's remaining factual findings are not challenged on appeal and thus are not disturbed. The decision of the district court quieting title on the Comeback Bay lot in favor of Wilder is affirmed.
III. ATTORNEY FEES
The district court awarded Wilder her attorney fees below based upon I.C. § 12-121 because it felt that the Millers' "defense been frivolously and unreasonably defended upon a fallacious contention." The Millers' only challenge to this award is based upon their anticipation of a reversal of the district court's judgment quieting title in Wilder's favor. Because we have affirmed this judgment, we decline to review the district court's award of attorney fees.
The Millers assert a claim for attorney fees on appeal, but cite no statutory basis for the claim and include no supporting argument. Where a party requesting attorney fees on appeal does not present argument with respect to the issues presented on appeal, the reasons therefor, with citations to the authorities, statutes, and parts of the transcript and record relied on, this Court will not address the claim. See Carl H. Christensen Family Trust v. Christensen, 133 Idaho 866, 874, 993 P.2d 1197, 1205 (1999), citing Weaver v. Searle Bros., 131 Idaho 610, 616, 962 P.2d 381, 387 (1998). Accordingly, we decline to award attorney fees on appeal.
IV. CONCLUSION
The district court's judgment quieting title to the Comeback Bay lot in favor of Wilder is affirmed. Wilder is awarded her costs on appeal but no attorney fees.
Chief Judge PERRY and Judge LANSING CONCUR.
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