Jones v. Berezay

JOHNSON, Justice.

This case concerns the denial of costs and attorney fees to the defendant when the trial court issued an order allowing the plaintiffs voluntarily to dismiss the action. In deciding the case, we are required to interpret I.R.C.P. 68 and 41(a)(2). We affirm the trial court’s order that each party bear their own attorney fees and costs.

I

BACKGROUND AND PRIOR PROCEEDINGS.

Bruce and Debbie Jones (the Joneses), doing business as Royal Cleaners, sued Deanne Berezay, now known as Deanne Newbold (Newbold), seeking $136.50 in damages for misrepresentation and fraud, $1,000.00 in…