Is SVKV entitled to attorneys fees or costs on appeal?
GROUND In October of 1996, Bee Hive Homes of Northern Montana, Inc. (Northern) entered into a contract, with Ken Vivrette and Damian Flaherty signing it in their capacity as Northern’s officers. The other party to the 1996 contract was Bee Hive Development, Inc. According to a document of record, Bee Hive Homes Development, Inc., was the predecessor of both Bee Hive Homes of America, Inc., and Bee Hive Homes, Inc. Another document states Bee Hive Homes of America, Inc., and Bee Hive Homes, Inc., had entered into an agreement pursuant to which the sub-franchisor, Bee Hive Homes, Inc., could in turn sub-franchise to others, upon written consent from Bee Hive Homes of America, Inc. The relationship of these three entities is not at issue in this appeal. Therefore, we refer to all of them as Bee Hive. The 1996 contract generally stated that Bee Hive would provide certain plans, [*3] specifications, operations and procedural manuals for residential care facilities (homes) in exchange for No
