Garner v. Povey

J. JONES, Justice.

Following the decision of this case on the merits, the Appellants sought an award of attorney fees under the “commercial transaction” prong of I.C. § 12-120(3) and for frivolous litigation under I.C. § 12-121. The district court denied fees on both grounds. We affirm the denial of fees under I.C. § 12-121, but reverse the denial under I.C. § 12-120(3).

I

Factual and Procedural Background

This case arose out of a dispute as to the easement rights of the Respondents over property formerly owned by the Appellants. On May 22, 1987, Daniel Garner entered into a contract to purchase…