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Courtney v. Big O Tires12/23/2003
iting counsel's closing argument to the jury.
Mr. Courtney also challenges the district court's exclusion of certain expert testimony regarding his claim for damages. Because we have affirmed the judgment finding for the respondents on the issue of liability, we need not address that challenge.
C. Is Big O Tires , Inc., Entitled to an Award of Attorney Fees on Appeal?
Big O Tires requests attorney fees on appeal pursuant to Idaho Code ยง 12-121. Under that statute, attorney fees will be awarded to the prevailing party on appeal when this Court is left with the abiding belief that the appeal was brought or pursued frivolously, unreasonably or without foundation. King v. King, 137 Idaho 438, 50 P.3d 453 (2002). On this appeal, Mr. Courtney made a good faith argument for the extension of existing law. We therefore decline to award attorney fees on appeal.
IV. CONCLUSION
The judgment of the district court is affirmed. Costs on appeal, but not attorney fees, are awarded to the respondents.
Chief Justice TROUT and Justices SCHROEDER, KIDWELL and BURDICK CONCUR.
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