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.
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