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NAVARRETE v. CITY OF CALDWELL12/5/1997
cy procured by Alfaro was not "normal liability insurance." Therefore, the district court properly determined that there was no genuine issue of material fact regarding Alfaro's contractual obligations. We conclude that the district court did not err when it granted summary judgment for Alfaro.
B. Attorney Fees on Appeal
Alfaro requests attorney fees for his response to this appeal as provided for by I.A.R. 41(a) and I.C. ยง 12-121. Such an award is appropriate when we are left with an abiding belief that the appeal has been brought or defended frivolously, unreasonably, or without foundation. Minich v. Gem State Developers, Inc., 99 Idaho 911, 918, 591 P.2d 1078, 1085 (1979). We will grant attorney fees when the appellant simply requests us to second-guess the trial court on conflicting evidence or if the law is well-settled and the appellant fails to make a showing that the trial court misapplied the law. Blaser v. Cameron, 121 Idaho 1012, 1018, 829 P.2d 1361, 1367 (Ct.App. 1991).
Upon review, we conclude that the City's appeal has been brought without foundation. When a contract is clear and unambiguous, we are to use the plain meaning of the words, and we do not look to the intent of the parties. Alfaro filed an affidavit in which he stated he complied with the precise terms of the sublease. The City did not refute this fact below and conceded at oral argument on appeal that Alfaro purchased normal liability insurance. Therefore, we are left with the abiding belief that the City has brought this appeal without foundation. The City, as a third-party beneficiary, has not demonstrated that any terms of the sublease are ambiguous and, as such, has failed to establish that there was a genuine issue of fact which would have made the district court's grant of summary judgment improper. Under these circumstances, Alfaro is entitled to an award of attorney fees on appeal.
III.
CONCLUSION
We affirm the district court's order granting Alfaro summary judgment. Costs and attorney fees are awarded to Alfaro in an amount to be determined pursuant to Idaho Appellate Rules 40 and 41.
LANSING, C.J., and SCHWARTZMAN, J., concur.
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