Dale K. Barker Co., PC v. Bushnell

OPINION

ORME, Judge:

1 1 Third-party defendant Dale K. Barker appeals the district court's denial of his request for attorney fees and costs. We affirm. The underlying basis for the third-party complaint was an alter ego theory grounded in corporate law, not a contract containing an attorney fee provision. Accordingly, the reciprocal attorney fees statute is inapplicable.

BACKGROUND

12 Third-party plaintiff John K. Bushnell asserted claims against Barker for breach of contract and negligence based on the theory that Barker was the alter ego of Dale K. Barker Co., PC (Barker Company). The district…