Robertson v. Richards

This appeal involves a request for attorney fees under I.C. § 12-121. We are asked to decide whether, when attorney misconduct results in a grant of a new trial, the party obtaining the new trial should be allowed attorney fees and costs incurred during the first trial without waiting for a new trial to determine who ultimately prevails. The district court declined to award costs and fees but — at plaintiffs’ request — issued a certificate of finality under I.R.C.P. 54(b) so that the order could'be appealed. We hold that the certificate was improvidently granted and we dismiss the appeal.

The…