Bianco ex rel. Estate of Gaston v. Erkins

N.R. SMITH,

dissenting only as to Part 2 of the Memorandum:

The district court did not err in awarding Bianco attorneys’ fees against the Er-kins children. Rule 54(e)(1) of the Idaho Rules of Civil Procedure provides “[i]n any civil action the court may award reasonable attorney fees ... when provided for by any statute or contract.” Idaho Code Section 12-120 provides that “[i]n any civil action to recover ... in any commercial transaction unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as…