The Watkins Company, LLC v. Estate of Michael Storms

Summary

The Idaho Supreme Court affirmed an award of attorney fees to the Estate of Michael Storms and Brownstone Companies in litigation arising from a commercial lease dispute and temporary restraining order. The court held that Watkins failed to preserve its challenge to the district court’s apportionment of fees between defending the claims and pursuing the counterclaim. The court also awarded Storms and Brownstone attorney fees and costs on appeal.

Holdings

1. The court will not consider Watkins's challenge to the apportionment of attorney fees because Watkins failed to raise that specific objection before the district court.
2. Storms and Brownstone are entitled to attorney fees and costs on appeal under Idaho Code section 12-120(3) because they prevailed and the action arose from a commercial transaction.

Questions Presented

1. Whether Watkins preserved its challenge to the district court's apportionment of Storms and Brownstone's attorney fees between defending Watkins's claims and pursuing the counterclaim.
2. Whether Storms and Brownstone were entitled to attorney fees and costs on appeal under Idaho Code section 12-120(3).

Disposition

affirmed