Thornton v. Pandrea
Annotate this CaseAppellant John Thornton, represented by his wife Val Thornton, sued sisters Mary Pandrea and Kari Clark to quiet title to an easement reserved in their names on real property he owned that was adjacent to real property that was jointly owned by the sisters. Clark counterclaimed against John Thornton, seeking declaratory relief establishing her rights in the easement and damages for interference with her easement rights. While this case was pending, the real property jointly owned by Pandrea and Clark was judicially partitioned in a separate proceeding; Pandrea remained as the sole owner of the property adjacent to the easement in question and Clark owned nearby non-adjacent property. The district court granted Clark’s motion for summary judgment on all of John Thornton’s claims against her and on all her counterclaims except her claim for damages. The court denied John Thornton’s motion for summary judgment and subsequent motion for reconsideration. By stipulation, the court dismissed John Thornton’s claims against Pandrea and Clark’s damages claim against him. After all claims were adjudicated, the district court awarded attorney fees to Clark against John Thornton under Idaho Code section 12-121 and against both Mr. Thornton and Ms. Thornton jointly and severally as Rule 11 sanctions. John Thornton appealed several decisions of the district court. Val Thornton, as intervenor, appealed the district court’s imposition of sanctions. After entry of judgment, Kenneth Barrett and Deanna Barrett (“the Barretts”) purchased Clark’s property and substituted in the stead of Clark in the underlying action and in this appeal. John Thornton moved for a stay of execution and waiver of supersedeas bond, which the district court denied. The court granted the Barretts’ motion for sanctions against Mr. Thornton and Ms. Thornton based on the motion for stay. Finding no reversible error in the district court's judgment, the Supreme Court affirmed.
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