Rodwell v. Serendipity, Inc. , 99 Idaho 894 ( 1979 )

DONALDSON, J.,

specially concurring.

I concur in the Court’s opinion except that portion that states attorney fees may be awarded on appeal pursuant to I.C. § 12-121 under appropriate circumstances. I continue to adhere to the view expressed in my dissenting opinion in Minich v. Gem State Developers, Inc., supra, that I.C. § 12-121 is not applicable to this Court and therefore provides no authorization for an award of attorney fees on appeal.

BISTLINE, J., concurs.