[Download] "Lynn C. Myers and Old Mill Market Limited" by Court of Appeals of Idaho No. 16794 * eBook PDF Kindle ePub Free
eBook details
- Title: Lynn C. Myers and Old Mill Market Limited
- Author : Court of Appeals of Idaho No. 16794
- Release Date : January 06, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This appeal comes to us from an order denying a request for attorney fees under I.C. § 12-120, as amended in 1986.
The sole issue is whether the amended version of the statute governs a trial-level award of attorney fees in a lawsuit filed
before the amendment. The district court held that it does not. We affirm. The underlying facts may be stated briefly. Lynn Myers purchased from James and Carolyn Vermaas a business and office building
in Caldwell known as the "Old Mill Block." When Myers failed to make timely payments under the purchase contract, Vermaas
served him with a notice of forfeiture. Subsequently, Vermaas repossessed the property. In April, 1985, Myers filed suit in
the district court seeking rescission of the land sale agreement. Vermaas answered and counterclaimed, pleading Myers' default
as an affirmative defense. Following a bench trial in September, 1986, the district court denied all of Myers' claims. Judgment
was entered in favor of Vermaas on the counterclaim, allowing recovery of expenses incurred while managing the property after
the default. Subsequently, Vermaas sought an award of attorney fees under I.C. § 12-120. The district Judge denied
the request and Vermaas filed this appeal. There has been no appearance by respondents.