Daisy Manufacturing Co. v. Paintball Sports, Inc.

LANSING, Judge.

On this appeal, we are asked to determine whether the district court correctly held that the defendant was not the prevailing party for purposes of an award of attorney fees and costs under Idaho Code § 12-120 where the plaintiffs action had been dismissed with prejudice upon stipulation of the parties.

FACTS AND PROCEDURAL HISTORY

Prior to March 1997, Paintball Sports, Inc. operated a business in Meridian, Idaho. It purchased supplies for the business on open account from Daisy Manufacturing Company, Inc. In March, Paintball Sports, Inc. sold the assets used in its business,…