Allison v. John M. Biggs, Inc.

BOYLE, Justice.

We are called upon to determine whether I.C. § 12-120 and the Idaho Rules of Civil Procedure authorize an award of post-judgment attorney fees for legal expenses incurred in an attempt to execute on a judgment. We hold that post-judgment attorney fees are not authorized under the statute or rules. Therefore, the decision of the district court is reversed with instructions to vacate that portion of the order awarding attorney fees.

I

In 1983 the plaintiff, Virginia Allison, purchased a limited partnership interest from the defendant, John M. Biggs. 1 After the failure of the…