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Andrea Reynolds is an associate practicing in the firm’s Litigation group and advises clients in a variety of litigation matters. She has represented clients in commercial and corporate matters in state and federal court and is also experienced in appellate litigation.

Can there be a prevailing party when an action is voluntarily dismissed without prejudice?  According to the Idaho Supreme Court, the answer is yes.  Charney v. Charney, 2015 Opinion No. 59 (June 23, 2015), is a decision that should serve as a note of caution for Idaho litigators.

Two months following their divorce, Dennis Charney initiated contempt proceedings against his ex-wife, Judy Charney, for allegedly violating their property settlement agreement.  Judy denied the allegations and the matter was set for a hearing.  Two weeks prior to the hearing, Dennis filed a motion to dismiss the contempt proceedings, which the magistrate granted, dismissing the matter without prejudice.
Continue Reading Idaho Supreme Court Awards Attorney Fees to a Prevailing Party Where Contempt Proceedings Were Dismissed Without Prejudice

The Idaho Supreme Court recently issued an opinion that reveals the critical importance of case preparation. See Hilliard v. Murphy Land Company, LLC, No. 42093-2014 (May 21, 2015).

In Hilliard, millions of dollars were at stake. The plaintiffs sold their farm to the defendant. Three million dollars of the sale price was placed in trust to be available to compensate the purchaser for any loss resulting from an anticipated delay in its ability to take possession. The sale closed in December 2010, and the purchaser obtained possession in May 2012. The sellers then filed an action seeking the money held in trust. The purchaser filed a counterclaim seeking those same funds.
Continue Reading A Recent Idaho Supreme Court Decision Shows the Care Litigants Must Take to Adequately Present Their Case at Trial and on Appeal

The Idaho Supreme Court recently made clear that its authority to award attorney fees under a federal statute is not constrained by United States Supreme Court precedent. In James v. City of Boise, 2015 Opinion No. 49 (May 21, 2015), the Court affirmed the judgment of the district court dismissing the plaintiff’s complaint seeking

The Idaho Supreme Court has released its May calendar [link]. It will be hearing arguments in Boise on May 4, 6, and 8, in Idaho Falls on May 12, and in Pocatello on May 13. For the hearings in Boise, you can watch the arguments via live streaming through the above link.


The Idaho Supreme Court is implementing rule changes that will impact, for the most part, intermediate appeals from the magistrate to district court. Idaho Rule of Civil Procedure (“I.R.C.P.”) 83(a) lists the judgments or orders rendered by a magistrate that can be appealed to the district court. Currently, Rule 83(a)(4) allows appeals of “[f]inal orders

As mentioned in a recent post, a panel of law clerks from the Idaho Supreme Court and the Idaho Court of Appeals provided advice on the practice of appellate law, based on their experience as clerks, at the April meeting of the Idaho Appellate Practice Section of the Idaho State Bar. Here are some

The Idaho Appellate Practice Section of the Idaho State Bar held its annual meeting on Thursday, April 9. As part of the meeting, a panel of law clerks from the Idaho Supreme Court and the Idaho Court of Appeals discussed what they have learned regarding the dos and don’ts of appellate practice during their clerkships.