Smith v. Treasure Valley Seed Co., 434 P.3d 1260

Vernon K. Smith (attorney and son) filed a breach-of-contract suit on behalf of his mother, Victoria H. Smith, using a power of attorney; Victoria died before the complaint was filed.
Treasure Valley Seed Co. (TVSC) moved to dismiss for lack of a real party in interest; the district court dismissed, finding the power of attorney terminated at death.
The district court initially awarded attorney fees to TVSC under Idaho Code § 12-121, assessing them jointly against Victoria and Smith (as counsel).
On appeal (Smith I), the Idaho Supreme Court vacated the § 12-121 award as improper against counsel, held Smith was not a party for the original suit, but left open the district court’s ability to consider other bases for fees on remand (including Rule 11).
On remand the district court awarded $15,826.50 in sanctions against Smith personally under Idaho Rule of Civil Procedure 11, concluding the suit was fostered without legal grounds by a lawyer. Smith appealed and the Supreme Court affirmed.

Issue	Smith's Argument	TVSC/District Court Argument	Held
Whether the Court’s prior determination that the POA terminated at death is "law of the case"	The Court’s prior remark about irrevocability was dicta; POA might be irrevocable so issue should be relitigated	Prior holding that POA terminated was necessary to Smith I and thus binding on remand	The prior determination is law of the case; relitigation is precluded
Whether Rule 11 sanctions were improperly imposed on remand	District court previously declined Rule 11; new notice/motion under amended Rule 11 was required	The initial Rule 11 request was timely under the then-applicable rule; the district court’s prior denial rested on misapplied Rule 11 and remand may consider Rule 11 sanctions without a new motion	No abuse of discretion; Rule 11 sanction affirmed
Whether the district court abused discretion in awarding Rule 11 fees	Sanctioning counsel personally is improper or procedurally flawed	Trial court properly exercised discretion, followed applicable legal standards, and reasoned sanctions were warranted for litigation without legal basis	No abuse of discretion; sanction stands
Whether either party is entitled to appellate attorney fees	Smith seeks fees	TVSC did not participate on appeal; prevailing-party fee claim must be in first brief	Neither party awarded appellate fees

Smith v. Treasure Valley Seed Co., LLC, 161 Idaho 107, 383 P.3d 1277 (Idaho 2016) (prior opinion vacating § 12-121 award and directing remand to consider other bases for fees)
PHH Mortg. v. Nickerson, 164 Idaho 33, 423 P.3d 454 (Idaho 2018) (explaining law-of-the-case doctrine)
Flying A Ranch, Inc. v. Bd. of Cnty. Comm'rs for Fremont Cnty., 156 Idaho 449, 328 P.3d 429 (Idaho 2014) (standard of review for Rule 11 sanctions is abuse of discretion)
Lunneborg v. My Fun Life, 163 Idaho 856, 421 P.3d 187 (Idaho 2018) (four‑part framework for abuse-of-discretion review)
Kelley v. Yadon, 150 Idaho 334, 247 P.3d 199 (Idaho 2011) (requirement to present appellate fee authority in first brief)