Bank of Idaho v. Pine Avenue Associates

Both of the above appeals are from portions of an order of the superior court with respect to costs on a prior appeal in plaintiff’s action seeking a declaration of the parties’ rights, rescission, and restitution with respect to a complex real estate transaction wherein plaintiff was seller and lender, and defendants were buyer and borrower. The former appeal was from a judgment dismissing the action after a demurrer to the third amended complaint was sustained without leave to amend. The result of the former appeal was that the judgment was reversed and the cause remanded with directions to vacate the order sustaining the demurrer and dismissing the action. Our opinion therein did not discuss costs nor attorney’s fees as an item thereof. The remittitur simply provided: “Appellant to recover costs on appeal.”

Upon remand, plaintiff timely filed a memorandum of costs on appeal, including items numbered as follows:

Defendants moved to strike the entire memorandum of costs or, in the alternative, to strike item 5. Defendants also moved to tax each item of costs as inappropriate and excessive.

In support of their motion to strike item 5 in its entirety, defendants cited…