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Rudd v. Merritt2/26/2003
nreasonably or without foundation. King v. King, 137 Idaho 438, 50 P.3d 453 (2002). Because the Plaintiffs did not prevail on this appeal, they are not entitled to an award of attorney fees. Id.
Because we do not view the Plaintiffs' entire appeal as having been brought frivolously, unreasonably, or without foundation, we decline to award attorney fees to the Defendants.
IV. CONCLUSION
The orders of the district court dismissing this action as to all Defendants are affirmed. Costs on appeal, but not attorney fees, are awarded to the Defendants.
Chief Justice TROUT, and Justices SCHROEDER, WALTERS and KIDWELL CONCUR.
In their affidavits, Mr. Rammell and his secretary both refer to the notice as an "inactivity notice." The notice is not in the record on appeal. Under Rule 40(c) of the Idaho Rules of Civil Procedure, a court can dismiss a case in which for a period of six months no action has been taken or the summons has not been issued and served, but the court must first give notice to all counsel of record at least fourteen days before the dismissal to enable them to show good cause for retaining the case.
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