Legal Opinion

Bailey v. Birch (In re Birch)

Idaho Supreme Court

Decided February 8, 2019No. Docket No. 45451PublishedCited by 6 opinions

1Opinion of the Court

HORTON, Justice.

Bruce Birch appeals the decision of the district court affirming a decision of the magistrate court to award attorney fees against Birch. The magistrate court awarded attorney fees to Linda Bailey, the personal representative of the estate of Ruth Birch. In this appeal, Birch argues that the magistrate court's award of attorney fees was an abuse of discretion because it did not comply with the requirements of the Idaho Rules of Civil Procedure. We reverse the decision of the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

This case concerns the disposition of the estate of…

2Cases cited11 opinions

  1. Lunneborg v. My Fun Life, Corp.Idaho Supreme Court · 2018
  2. Losser v. BradstreetIdaho Supreme Court · 2008
  3. F. Kim Bailey v. Kerry BaileyIdaho Supreme Court · 2012
  4. Smith v. MittonIdaho Supreme Court · 2004
  5. Bingham v. Montane Resource AssociatesIdaho Supreme Court · 1999

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3Cited by6 opinions

  1. Brown v. BrownIdaho Supreme Court · 2020
  2. Caldwell Land & Cattle v. Johnson ThermalIdaho Supreme Court · 2019
  3. Cazier Revocable Trust v. CazierIdaho Supreme Court · 2020
  4. Monson v. MonsonIdaho Supreme Court · 2026
  5. Monson v. MonsonIdaho Supreme Court · 2025

1 more not listed; retrieve them via the Exa API.

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