Devine v. Cluff

SWANSTROM, Judge.

Appellants Carol Boney and Western Surety Company have filed separate appeals from a judgment awarding attorney fees to Edward Cluff for the wrongful issuance of a preliminary injunction. The sole issue on appeal is whether the district court erred in awarding fees and in allowing for their recovery from the injunction bond posted under I.R.C.P. 65(c) after a trial on the merits where no proof was submitted of any other damages resulting from issuance of the preliminary injunction. We affirm the judgment.

Carol Boney and Sharon Devine filed a complaint seeking to permanently…