Idaho Supreme Court - Civil Decisions 2014

Int'l Real Estate Solutions, Inc. v. Arave  
Date: December 30, 2014
Docket Number: 41297

Justia Opinion Summary: Gordon, Thomas, and Brent Arave appealed a district court’s decision to dismiss their motion to compel International Real Estate Solutions, Inc. to record a satisfaction of judgment. On a motion for reconsideration, the…

Regan v. Owen  
Date: December 18, 2014
Docket Number: 40848

Justia Opinion Summary: The issue this appeal presented for the Supreme Court's review was whether Jeff and Karen Owen's deed should have been reformed to grant an easement across their property for the benefit of Brent and Moura Regan. The…

Re: Gurarianship: Bond v. Round  
Date: December 18, 2014
Docket Number: 41485

Justia Opinion Summary: In 2009, Andy and Ronna Bond filed an action to be appointed guardians of two children who were at that time two and eight years of age. Mother Amber Round was initially represented by counsel, but counsel was permitted…

Pocatello Hospital v. Quail Ridge Medical Investor  
Date: December 18, 2014
Docket Number: 41589

Justia Opinion Summary: This appeal stemmed from a 1983 Ground Lease of property in Pocatello which Quail Ridge Medical Investors, LLC (Quail Ridge) leased from Pocatello Hospital, LLC d/b/a Portneuf Medical Centers, LLC (PMC). Previously,…

Charles Bell v. Idaho Dept. of Labor  
Date: December 18, 2014
Docket Number: 41592

Justia Opinion Summary: Charles Bell was employed by Sears from September 25, 2012, to May 16, 2013. During that period, Bell regularly filed for unemployment benefits with the Idaho Department of Labor (DOL). He received benefits for each week…

Gailey v. Whiting  
Date: December 18, 2014
Docket Number: 41605

Justia Opinion Summary: This case arose out of a professional negligence claim relating to a life insurance policy. Bill Gailey purchased the life insurance policy from Kim Whiting in 2010. In August 2011, Gailey cashed in the life insurance…

In re Termination of Parental Rights of John Doe (2014-15)  
Date: December 18, 2014
Docket Number: 42234

Justia Opinion Summary: John and Jane Doe are the biological father and mother of two boys: B.D., born in 2008, and T.D., born in 2011. Doe and Jane Doe divorced in 2009. This appeal centered on the termination of John Doe’s parental rights.…

Idaho Dept. of Health & Welfare v. Jane Doe (2014-17)  
Date: December 15, 2014
Docket Number: 42291

Justia Opinion Summary: "Mother" Jane Doe appealed a magistrate court’s judgment that terminated her parental rights to three of her children. The magistrate court concluded that the Idaho Department of Health and Welfare (“IDHW”) proved by…

H&W v. Cathie Peterson RE: The Estate of Melvin Peterson (deceased)
Date: December 12, 2014
Docket Number: 40615
H.F.L.P. v. City of Twin Falls  
Date: December 8, 2014
Docket Number: 41277

Justia Opinion Summary: This case centered on a proposed easement over a rough, relatively unimproved, single-vehicle dirt road that travels over property the City of Twin Falls owned in the Snake River Canyon, south of the Snake River.…

Boyd-Davis v. Baker  
Date: December 2, 2014
Docket Number: 40438

Justia Opinion Summary: In 2010, plaintiffs Terri Boyd-Davis and Brian Davis filed suit to determine the boundary line between their property and their neighbors, defendants Timothy and Carol Baker. The district court entered a partial judgment…

Reed v. Reed  
Date: December 2, 2014
Docket Number: 41013

Justia Opinion Summary: Scott Avery Reed (Father) and Stephanie M. Reed (Mother) were married in 1993, and during their marriage they had three children. On December 22, 2009, Mother filed for divorce. They agreed that there were irreconcilable…

Franklin Building Supply Co. v. Hymas  
Date: November 28, 2014
Docket Number: 41041

Justia Opinion Summary: Franklin Building Supply Co., Inc. (“FBS”) filed suit against Aaron Michael Hymas to recover money owed on an open account for construction supplies, equipment, and labor supplied to Crestwood Construction, Inc. FBS…

Giles v. Eagle Farms, Inc.  
Date: November 28, 2014
Docket Number: 41469

Justia Opinion Summary: Claimant Newman K. ("Kal") Giles was involved in a one-vehicle accident during the course of his employment. The evidence was undisputed that Kal was driving at approximately 123 mph in a 50 mph zone at the time of the…

Turner v. City of Lapwai  
Date: November 28, 2014
Docket Number: 41560

Justia Opinion Summary: Mercedes Turner filed suit against her former employer, the City of Lapwai, claiming that she was owed unpaid compensation and reimbursement for certain expenses incurred during her employment. The City moved for summary…

Deon v. H &J, Inc.  
Date: November 28, 2014
Docket Number: 41593

Justia Opinion Summary: Claimant-appellant Trudy Deon brought worker compensation claims against her employer, H&J, Inc., and its surety, Liberty Northwest, (Employer/Surety) and the Idaho Special Indemnity Fund (ISIF). Deon eventually settled…

Sky Canyon Properties v. The Golf Club at Black Rock
Date: November 26, 2014
Docket Number: 39831
Westby, et al v. Schaefer, M.D.  
Date: November 25, 2014
Docket Number: 40587

Justia Opinion Summary: Christian Westby, James Westby, and Kristina Westby appealed the district court’s denial of their motion to reconsider the court’s protective order granted to Mercy Medical Center and Dr. Gregory Schaefer. This case…

Stanley Consultants v. Integrated Financial Associates  
Date: November 13, 2014
Docket Number: 40514

Justia Opinion Summary: This case consolidated several individual cases dealing with claims for nonpayment against the developer of the Summer Wind at Orchard Hills residential and golf course development in Canyon County. Stanley Consulting,…

Suter v. Biggers  
Date: November 13, 2014
Docket Number: 41976

Justia Opinion Summary: This appeal arose from a custody dispute between Jeffrey Biggers and Emily Suter over their two children. Emily remarried, and her husband worked in McCall. Emily made several attempts to modify custody, and each time…

Su Warren v. Williams & Parsons PC  
Date: November 6, 2014
Docket Number: 41209

Justia Opinion Summary: Claimant-appellant Su Warren sought worker’s compensation benefits from her employer, Williams & Parsons, PC, CPAS, and Idaho State Insurance Fund (ISIF), for injuries received in 2007, during the course of her…

Stibal v. Fano  
Date: October 29, 2014
Docket Number: 40427

Justia Opinion Summary: April Fano and Right Way Publishing, LLC, appealed a district court's judgment following a bench trial in which found Fano liable for breaching a Release Agreement. Judgment was entered in favor of respondent Vianna…

Mattox v. Life Care Centers of America  
Date: October 29, 2014
Docket Number: 40762

Justia Opinion Summary: This was a medical malpractice case arising out of the treatment of Rosamond Mattox at Life Care of Lewiston (LCL). The plaintiff-appellant, Rosamond's son Gene Mattox, claimed that LCL's sub-standard care caused his…

Spirit Ridge Mineral Springs v. Franklin County  
Date: October 29, 2014
Docket Number: 40865

Justia Opinion Summary: Spirit Ridge Mineral Springs, LLC appealed a judgment entered in favor of Franklin County dismissing Spirit Ridge's complaint which had requested abatement of a private nuisance and for an injunction against a gun range…

Federal Home Loan Mortgage Corp. v. Butcher  
Date: October 29, 2014
Docket Number: 41188

Justia Opinion Summary: Margaret Butcher and her former husband purchased property in 2005 with a loan secured by the property from Home Federal Bank. Butcher received the property in their divorce in 2009, and she subsequently defaulted on the…

Williams v. Idaho State Board of Real Estate Appraisers  
Date: October 29, 2014
Docket Number: 41193

Justia Opinion Summary: Idaho's Bureau of Occupational Licenses (Bureau) investigated and initiated disciplinary proceedings against petitioner-appellant Timothy Williams after it received complaints that he had engaged in various forms of…

U.S. Bank National Association N.D. v. Citimortgage, Inc.  
Date: October 29, 2014
Docket Number: 41252

Justia Opinion Summary: In 2005, Herbert and Julie Thomas opened a $2,000,000.00 home equity line of credit (the HELOC) with U.S. Bank. To secure the obligation, the Thomases executed a deed of trust in favor of U.S. Bank to their property in…

Braese, Jr. v. Stinker Stores, Inc.  
Date: October 29, 2014
Docket Number: 41296

Justia Opinion Summary: Bryce Fuller walked into a gas station/convenience store owned and operated by Stinker Stores, Inc., with his golden retriever Darma. The dog had on a collar and leash, but Fuller was not holding the leash while he was…

Cable One, Inc. v. Idaho State Tax Commission  
Date: October 29, 2014
Docket Number: 41305

Justia Opinion Summary: Cable One, Inc., is a Delaware corporation headquartered in Phoenix, Arizona. In 2005, Cable One received business income from four types of activities in Idaho: cable television services, internet access services,…

Zylstra v. Boise State University  
Date: October 29, 2014
Docket Number: 41421

Justia Opinion Summary: This case was brought under the Idaho Tort Claims Act asserting negligence by a public university in allowing a student-athlete to return to competition after sustaining a head injury. Plaintiff Samuel Zylstra was a…

Carr v. Edgar  
Date: September 26, 2014
Docket Number: 40883

Justia Opinion Summary: Crystal Edgar and Brad Carr were the parents of D.C., born in 2003. Edgar and Carr were never married. Both Edgar and Carr have served in the Idaho National Guard since D.C.'s birth, resulting in custody disputes arising…

Hope v. Industrial Special Indemnity Fund  
Date: September 24, 2014
Docket Number: 40749

Justia Opinion Summary: Claimant-appellant Kevin Hope injured his right shoulder in 2003 while he was working for Empro Professional Services. He argued to the Industrial Commission that the Idaho Industrial Special Indemnity Fund (ISIF) was…

Cummings v. Stephens  
Date: September 19, 2014
Docket Number: 40793

Justia Opinion Summary: Roger and Barbara Stephens owned a parcel of real property consisting of about 270 acres on the west side of the highway and another parcel consisting of about 83 acres on the east side of the highway. They hired a…

Bybee v. Gorman  
Date: September 19, 2014
Docket Number: 40887

Justia Opinion Summary: This appeal stemmed from a medical malpractice claim brought by Scott and Meri Bybee against Dr. Patrick Gorman. The district court granted Dr. Gorman's motion for summary judgment after concluding that the Bybees'…

Idaho Youth Ranch v. Ada County Bd of Equalization  
Date: September 19, 2014
Docket Number: 41256

Justia Opinion Summary: In August 2006, Nagel Beverage Company approached the Youth Ranch and the Idaho Youth Ranch Foundation, Inc., about the sale of the real property. Nagel was looking to sell the property as part of a 1031 exchange and…

Gugino v. Sallaz  
Date: September 19, 2014
Docket Number: 41301

Justia Opinion Summary: Dennis Sallaz and Renee Baird were married in Oregon in 1996. Baird filed for divorce in Idaho in 2004. The magistrate court entered a partial decree at the request of the parties, granting the divorce in 2005. The…

Sales v. Peabody  
Date: September 19, 2014
Docket Number: 41446

Justia Opinion Summary: Tracy Sales brought suit against spa owner Stacie Peabody, claiming that she contracted a toe infection as a result of a pedicure performed at the spa. The district court granted summary judgment against Sales after…

Brown v. Greenheart  
Date: September 19, 2014
Docket Number: 41889

Justia Opinion Summary: The issue this case presented for the Supreme Court's review centered on the reformation of a deed to real property. Appellant Augusta Greenheart challenged a district court decision that determined a warranty deed…

Frontier Development Grp v. Caravella  
Date: August 28, 2014
Docket Number: 40581

Justia Opinion Summary: In 2006, Richard Myers owned the property at issue in this case. At the time, the property was subject to a deed of trust in favor of First Horizon Home Loans. Myers enlisted Michael Horn and his company, Frontier…

Corgatelli v. Steel West, Inc.  
Date: August 25, 2014
Docket Number: 41012

Justia Opinion Summary: Gary Corgatelli sought worker's compensation benefits from his employer Steel West and the State of Idaho's Industrial Special Indemnity Fund (ISIF) for a 2005 back injury that he incurred as a result of his employment.…

Taylor v. Riley  
Date: August 22, 2014
Docket Numbers: 40595, 40599

Justia Opinion Summary: This case was a permissive appeal of an order denying the appellants' motions for summary judgment. The central issue was whether an attorney who, as counsel for a corporation, issued an opinion letter stating that a…

Conner v. Hodges  
Date: August 22, 2014
Docket Number: 40742

Justia Opinion Summary: Jami and Ryan Conner appealed the district court's grant of summary judgment dismissing their claims for medical malpractice, breach of contract, and loss of consortium. The Conners alleged that Jami unexpectedly became…

Serrano v. Four Seasons Framing  
Date: August 22, 2014
Docket Number: 40970

Justia Opinion Summary: Claimant-appellant Francisco Serrano worked as a framer for Four Seasons Framing from 2001 to 2008. He was injured in two work-related accidents. He appealed an Industrial Commission finding that he failed to prove that…

Termination of Parental Rights (Father)  
Date: August 22, 2014
Docket Number: 42020

Justia Opinion Summary: The magistrate court dismissed a petition to terminate the parental rights of the biological father of two children and to permit the children's stepfather to adopt them. The magistrate court dismissed the action on the…

MRS v. Bonneville Billing and Collections  
Date: August 21, 2014
Docket Number: 40966

Justia Opinion Summary: This was a dispute between two collections agencies. Medical Recovery Services, LLC (MRS) and Bonneville Billing and Collections, Inc. (BBC) both had outstanding accounts relating to the same debtor, Stacie Christ. In…

Agrisource, Inc v. Johnson  
Date: August 18, 2014
Docket Number: 40340

Justia Opinion Summary: This case arose from Agrisource’s breach of contract claim against Robert Johnson (Johnson). Johnson argued that he was not liable on the contract because he was an agent for a disclosed principal named “Johnson Grain…

Camp Easton Forever, Inc v. Inland NW Council Boy Scouts of Amierica  
Date: August 15, 2014
Docket Number: 40375

Justia Opinion Summary: Camp Easton Forever, Inc., (“CEF”) and Daniel and Matthew Edwards appealed the district court’s grant of summary judgment to Inland Northwest Council Endowment Properties, LLC, and Inland Northwest Council of the Boy…

Dept. of Health & Welfare v. Peterson  
Date: August 13, 2014
Docket Number: 40615

Justia Opinion Summary: Melvin Peterson died in 2007. Prior to his death, he owned some residential real property. In 2001, Peterson executed a Gift Deed of his real property to his daughter, Cathie Peterson, retaining for himself a life estate…

ABC Agra v. Critical Access Group  
Date: August 6, 2014
Docket Number: 40573

Justia Opinion Summary: At the center of this appeal was ABC Agra, LLC's action seeking a declaratory judgment against Critical Access Group, Inc. ("CAG") regarding the enforceability of a real property use restriction. Because there were no…

Hull v. Giesler  
Date: August 6, 2014
Docket Number: 41306

Justia Opinion Summary: Richard Giesler and Idaho Trust Deeds, LLC appealed a district court's judgment declaring the rights and obligations on a contract. This case arose out of several oral and written agreements between Giesler and Gregory…

St. Alphonsus Diversified Care v. MRI Associates, LLP  
Date: August 4, 2014
Docket Number: 40012

Justia Opinion Summary: Saint Alphonsus Diversified Care, Inc.formed a general partnership named MRI Associates. The parties executed a written partnership agreement for the purpose acquiring and operating diagnostic and therapeutic devices,…

Bringman v. New Albertsons, Inc.  
Date: August 4, 2014
Docket Number: 40232

Justia Opinion Summary: Appellant Billy J. Bringman appealed an Idaho Industrial Commission decision in favor of Respondents New Albertsons, Inc. and the Idaho Department of Labor. The Commission determined Bringman willfully made a false…

In re: SRBA  
Date: August 4, 2014
Docket Numbers: 40974, 40975

Justia Opinion Summary: This appeal arose from a Snake River Basin Adjudication (SRBA) court decision on whether Idaho law required a remark authorizing storage rights to "refill,"under priority, space vacated for flood control. The SRBA court…

Van v. Portneuf Medical Center  
Date: August 1, 2014
Docket Number: 38793

Justia Opinion Summary: A jury returned a verdict in favor of Portneuf Medical Center on plaintiff-appellee Mark Van's complaint that he was fired from his job there in violation of the Idaho "Whistleblower's Act" (the Idaho Protection of…

Pocatello Hospital v. Quail Ridge Medical Investor  
Date: August 1, 2014
Docket Number: 40566

Justia Opinion Summary: This appeal stemmed from a 1983 Ground Lease of over four acres of property in Pocatello which Quail Ridge Medical Investors, LLC leased from Pocatello Hospital, LLC (d/b/a/ Portneuf Medical Centers, LLC (PMC)). Quail…

J&M Cattle Co v. Farmers National Bank  
Date: August 1, 2014
Docket Number: 41023

Justia Opinion Summary: This appeal stemmed from the sale of dairy cattle that were subject to Appellant Farmers National Bank’s (FNB) perfected security interest and Respondent J&M Cattle Company’s (J&M) agister’s lien. The net sale proceeds…

Lebow v. Commercial Tire  
Date: August 1, 2014
Docket Number: 41234

Justia Opinion Summary: Pro se claimant Chance LeBow appealed an Industrial Commission's holding that he quit his job with Right Now, Inc. without good cause and that he willfully failed to report material facts for the purpose of collecting…

Health & Welfare v. John Doe (13-29)  
Date: August 1, 2014
Docket Number: 41688

Justia Opinion Summary: John Doe was the biological father of T.C. Doe was a juvenile when T.C. was born. Doe paid Mother a total of $52.00 in child support, despite a court order requiring him to pay Mother child support of $253.00 per month.…

DAFCO v. Stewart Title Guaranty Co  
Date: July 31, 2014
Docket Number: 40738

Justia Opinion Summary: DAFCO LLC sought recovery against Stewart Title Guaranty Co. on a lender's title insurance policy and against AmeriTitle, Inc., the closing agent for the lending transaction, claiming that it sustained injury as a result…

NW Farm Credit Svcs v. Lake Cascade Airpark  
Date: July 31, 2014
Docket Number: 40992

Justia Opinion Summary: Northwest Farm Credit Services recovered a deficiency judgment against the Appellants following the foreclosure of two mortgages on property located in Valley County. Lake Cascade Airpark, LLC, Donald Miller, and Candace…

Urrutia v. Harrison  
Date: July 31, 2014
Docket Number: 41100

Justia Opinion Summary: The district court awarded attorneys fees to Lynn Urrutia against appellants Ty Harrison and Robert Schutte under Idaho Code section 12-120(3), 12-121, and 12-123, as well as sanctions against the appellants' attorney…

Profits Plus Capital Mgmt. v. Podesta  
Date: July 8, 2014
Docket Number: 39964

Justia Opinion Summary: This case arose out of a contract dispute when Robert Coleman, Profits Plus Capital Management, LLC (“Profits Plus”), and Dollars and Sense Growth Fund Limited Partnership (“Dollars and Sense”) filed a claim for…

Shea v. Kevic Corporation  
Date: June 24, 2014
Docket Number: 40563

Justia Opinion Summary: Appellant Irina Shea brought a negligence suit against Respondent Kevic Corporation (Kevic), d/b/a Lett’s Downtown Car Wash. Shea claimed that she was injured when she slipped and fell on ice near the exit of the car…

Re: Termination of Parental Rights (father)  
Date: June 24, 2014
Docket Number: 41681

Justia Opinion Summary: This was an expedited appeal by John Doe (“Father”) from an order terminating his parental rights over his minor child and granting Child’s stepfather’s (John Doe II) (“Stepfather”) Petition to Adopt Child. The…

Talbot v. Desert View Care Center  
Date: June 20, 2014
Docket Number: 41208

Justia Opinion Summary: Joseph Talbot worked at Desert View Care Center as a nurse and was discharged due to a Facebook post that Desert View found violated its Social and Electronic Media Conduct Policy. Talbot applied for unemployment…

Wandering Trails v. Big Bite Excavation  
Date: June 18, 2014
Docket Number: 40124

Justia Opinion Summary: Appellants-plaintiffs Wandering Trails, LLC and Liquid Realty, Inc. appealed the district court’s entry of summary judgment and denial of their veil-piercing claims against defendants Big Bite Excavation, Inc., Piper…

April Beguesse, Inc. v. Rammell  
Date: June 18, 2014
Docket Number: 40212

Justia Opinion Summary: This appeal stemmed from a fraud, breach of contract, and breach of warranty action brought by April Beguesse, Inc. (ABI) against defendants Kenneth Rammell, the estate of Christa Beguesse, and Christa Beguesse, Inc.…

Block v. City of Lewiston  
Date: June 17, 2014
Docket Number: 39685

Justia Opinion Summary: In 2005, John Block purchased property in Lewiston from Jack Streibick to develop. Block submitted an application to resubdivide the property into three residential lots, which Lewiston approved. Prior to Block's…

Idaho Military Historical Society v. Maslen  
Date: June 17, 2014
Docket Number: 39909

Justia Opinion Summary: The issue on appeal to the Supreme Court in this case was over attorney fees. Defendants Aeroplanes Over Idaho ("AOI") and Holbrook Maslen were ordered to pay fees over a dispute arising from the claim of lien filed by…

St. Alphonsus Diversified Care, Inc. v. MRI Associates, LLP  
Date: June 17, 2014
Docket Number: 40012-2012

Justia Opinion Summary: Saint Alphonsus Diversified Care, Inc. (and others) formed a general partnership named MRI Associates. The parties executed a written partnership agreement (effective April 1985). The primary purpose of the partnership…

Pierce v. McMullen  
Date: June 17, 2014
Docket Number: 40368-2012

Justia Opinion Summary: In 2009, Joseph Pierce filed suit against Steven McMullen and Highland Financial, LLC, seeking damages for various violations of the Idaho Consumer Protection Act and for breach of contract, all based upon an alleged…

Pierce v. McMullen  
Date: June 17, 2014
Docket Number: 40368

Justia Opinion Summary: In 2009, Joseph Pierce filed this action against Steven McMullen and Highland Financial, LLC, seeking damages for various violations of the Idaho Consumer Protection Act and for breach of contract, all based upon an…

Shinn v. Bd of Co Comm Clearwater Co  
Date: June 17, 2014
Docket Number: 40436

Justia Opinion Summary: The issue this case presented to the Supreme Court stemmed from a district court decision affirming the approval of a subdivision by the Board of County Commissioners of Clearwater County. In approving the subdivision,…

Massey v. Conagra Foods  
Date: June 17, 2014
Docket Number: 40504

Justia Opinion Summary: In early June of 2007, Karrin Massey consumed at least one, but perhaps several, poultry pot pies that were manufactured by ConAgra Food, Inc. and sold under the Banquet brand name. Soon after, Karrin, who was six months…

Muchow v. Varsity Contractors, Inc  
Date: June 17, 2014
Docket Number: 40559-2012

Justia Opinion Summary: Claimant DeAnne Muchow began working for Varsity Contractors in, 2011 as a human resources assistant. During her employment, she had an ongoing conflict with her supervisor and had lodged several complaints about her…

Muchow v. Varsity Contractors, Inc.  
Date: June 17, 2014
Docket Number: 40559

Justia Opinion Summary: Claimant DeAnne Muchow began working for Varsity Contractors, Inc in 2011 as a human resources assistant. During her employment, the claimant had an ongoing conflict with her supervisor and had lodged several complaints…

Idaho Power v. New Energy Two & IPUC  
Date: June 17, 2014
Docket Number: 40882-2013

Justia Opinion Summary: The issue this case presented for the Supreme Court's review was an order of the Idaho Public Utilities Commission holding that it had jurisdiction to decide whether the force majeure clauses in the Appellants' contracts…

Idaho Power v. New Energy Two  
Date: June 17, 2014
Docket Number: 40882

Justia Opinion Summary: In 2010, Idaho Power entered into two Firm Energy Sales Agreements, one with New Energy Two, LLC, and the other with New Energy Three, LLC, under which Idaho Power agreed to purchase electricity from them that was to be…

Venable v. Internet Auto  
Date: June 17, 2014
Docket Number: 40939

Justia Opinion Summary: Internet Auto Rent & Sales, Inc., an automobile dealership, hired Tina Venable as an Internet Manager in 2011. Venable stated that after she began working for Internet Auto, she observed violations of the Idaho Consumer…

Flying "A" Ranch v. Bd. of Cty. Comm. of Fremont  
Date: June 17, 2014
Docket Number: 40987-2013 and 41132-2013

Justia Opinion Summary: On May 15, 2012, Karl Lewies won the primary election for the position of Fremont County Prosecuting Attorney. Because he had no opponent in the November general election, he knew he would be elected as the prosecuting…

Lewies v. Fremont County  
Date: June 17, 2014
Docket Numbers: 40987, 41132

Justia Opinion Summary: On May 15, 2012, Karl H. Lewies won the primary election for the position of Fremont County Prosecuting Attorney. Because he had no opponent in the general election, he knew he would be elected as the prosecuting…

Bank of Idaho v. First American Title  
Date: June 17, 2014
Docket Number: 41157-2013

Justia Opinion Summary: In January 2007, the Bank of Idaho made two construction loans to developers who planned to construct a fourplex on each of two adjoining lots in Idaho Falls. The bank loaned one sum of money to build a fourplex on Lot 1…

Bank of Idaho v. First American Title
Date: June 17, 2014
Docket Number: 41157
Rowley v. ACHD  
Date: April 8, 2014
Docket Number: 40672

Justia Opinion Summary: Ada County Highway District (ACHD) appealed the district court's grant of summary judgment to Terrie Rowley. This case arose from a dispute in the ownership of a ten-foot-wide walkway in a Boise subdivision and arose…

Sanders v. Bd of Trustees - Mt. Home School Dist 193  
Date: April 7, 2014
Docket Number: 40013

Justia Opinion Summary: The Board of Trustees of the Mountain Home School District No. 193 appealed the district court’s denial of the its request for attorney fees. This case arose when School District employee Terri Sanders claimed that the…

DeGroot v. Standley Trenching, Inc.  
Date: March 28, 2014
Docket Number: 39406

Justia Opinion Summary: Appellant Charles DeGroot and DeGroot Farms, LLC appealed the district court's grant of summary judgment on its claims against Standley Trenching, Inc. d/b/a Standley & Co., relating to the construction and installation…

Blizzard v. Lundeby, M.D.  
Date: March 27, 2014
Docket Number: 39774

Justia Opinion Summary: Plaintiff's Rule 59(a)(6) motion was denied when the jury found that defendant Dr. John Lundeby did not breach the standard of care owed to his patient, Rick Blizzard. The district court found that although the jury's…

Morgan v. Demos  
Date: March 19, 2014
Docket Number: 40170

Justia Opinion Summary: Appellant Marvin Morgan appealed the dismissal of his wrongful death action, as well as an order imposing sanctions against him and his former attorney. Morgan asserted that he was entitled to special and general damages…

Credit Suisse v. Teufel Nursery  
Date: March 19, 2014
Docket Number: 40234

Justia Opinion Summary: This appeal stemmed from the failure of Tamarack Resort, which was owned, developed, and operated by Tamarack Resort, LLC. The Resort was slated as a year-round community, complete with cross-country and downhill skiing,…

Edged In Stone v. NW Power Systems  
Date: March 19, 2014
Docket Number: 40463

Justia Opinion Summary: Appellant Edged in Stone, Inc. (EIS) sought damages for breach of contract, breach of warranty, breach of implied covenant of good faith and fair dealing, negligence and unjust enrichment when a skid loader it purchased…

Fonseca v. Corral Ag, Inc.  
Date: March 19, 2014
Docket Number: 40578

Justia Opinion Summary: In September 2010, Corral Agriculture, Inc. (Corral) contracted with Williamson Orchards to provide laborers to pick apples. Marco Fonseca worked as a laborer for Corral as a member of Coronado’s crew at Williamson…

Medical Recovery Services v. Strawn  
Date: March 19, 2014
Docket Number: 40827

Justia Opinion Summary: Medical Recovery Services, LLC (MRS), a licensed collection agency, appeals from the district court’s order affirming default judgments entered by the magistrate court. Each Respondent’s account indebtedness was assigned…

Waters v. All Phase Const.  
Date: March 18, 2014
Docket Number: 39556-2012

Justia Opinion Summary: In 2006, claimant William Waters was working as a drywall hanger and taper. He was injured on a jobsite and sought medical care from a chiropractor. When chiropractic did not resolve his pain, he was recommended for…

Wade v. Taylor  
Date: March 18, 2014
Docket Number: 40142

Justia Opinion Summary: In 2011, plaintiff-respondent Jamee Wade was shot twice by a Fruitland police officer after an altercation. Intending to file a claim under the Idaho Tort Claims Act, Wade sought copies of investigatory records related…

White v. Valley County  
Date: March 18, 2014
Docket Number: 40262

Justia Opinion Summary: A certified question of law from the U.S. District Court for the District of Idaho was presented to the Idaho Supreme Court. Karen White and her development company, Elkhorn, LLC, sought to recover $166,496 paid to…

Peterson v. Dept of H&W  
Date: March 18, 2014
Docket Number: 41017-2013

Justia Opinion Summary: In this case, the district court reversed the order of the magistrate court which granted a motion to renew a judgment for child support. Upon review of the matter, the Supreme Court reversed the district court’s holding…

Re: Thermination of Parental Rights (mother)  
Date: March 18, 2014
Docket Number: 41213

Justia Opinion Summary: There are five children involved in this case: C.C., M.R., G.C., M.C.C., and A.C.C. The children have four different fathers. This appeal is the culmination of several child protection actions involving their mother Jane…

Morgan v. New Sweden Irrigation  
Date: March 13, 2014
Docket Number: 39624

Justia Opinion Summary: Defendant-respondent New Sweden Irrigation District mowed canal banks on plaintiff-appellant Bradley Morgan's property. Plaintiff claimed New Sweden negligently damaged his property. New Sweden counterclaimed for a…

McVicars v. Christensen
Date: February 20, 2014
Docket Number: 38705
McVicars v. Christensen
Date: February 19, 2014
Docket Number: 38705
Judy Nield v. Pocatello Health Services
Date: February 18, 2014
Docket Number: 38823-2011
Nield v. Pocatello Health Services  
Date: February 14, 2014
Docket Number: 38823-2011

Justia Opinion Summary: The issue before the Supreme Court in this case was a judgment dismissing an action wherein the plaintiff sought damages for injuries sustained as a result of contracting certain infections. The district court employed a…

Western Home Transport v. Dept of Labor  
Date: February 11, 2014
Docket Number: 40462

Justia Opinion Summary: The Idaho Department of Labor determined that Western Home Transport, Inc. owed unemployment insurance taxes and penalties because the owners/operators who hauled goods interstate for Western were engaged in covered…

Cuevas v. Barraza  
Date: February 11, 2014
Docket Number: 40516-2012

Justia Opinion Summary: Appellant appealed the grant of a summary judgment that dismissed his claim seeking to enforce a vendee’s lien in real property. Because the appellant only addressed on appeal one of two possible grounds upon which the…

Cuevas v. Barraza
Date: February 11, 2014
Docket Number: 40516
Clearwater REI v. Boling  
Date: February 11, 2014
Docket Number: 40809-2013

Justia Opinion Summary: The issue on appeal before the Supreme Court in this case was a trial court's order denying a motion to compel nonparties to a contract to arbitrate pursuant to an arbitration clause in the contract. Finding no…

Clearwater REI v. Mark Boling
Date: February 11, 2014
Docket Number: 40809
Mulford v. Union Pacific Railroad  
Date: February 10, 2014
Docket Number: 39991

Justia Opinion Summary: In 2009, plaintiff Craig Mulford filed a complaint against his employer Union Pacific Railroad (UP) seeking relief under the Federal Employer’s Liability Act (FELA). Plaintiff alleged he sustained injury to his knees as…

CUMIS Insurance Society, Inc. v. Massey  
Date: February 10, 2014
Docket Number: 40002

Justia Opinion Summary: In 2007, Steven and Valerie Hruza sought to obtain a loan from Clearwater Mortgage (Clearwater). Clearwater requested Defendant-Respondent Wade Massey to perform an appraisal of their real property located in Caldwell.…

Idaho v. John Doe (2012-10)  
Date: February 10, 2014
Docket Number: 40369

Justia Opinion Summary: The State appealed the district court’s decision to affirm the magistrate court’s holding that it did not have jurisdiction over John (2012-10) Doe because he was twenty-one years of age when the State filed its petition…

Teurlings v. Larson  
Date: February 10, 2014
Docket Number: 40502

Justia Opinion Summary: This appeal arose from an action filed against Defendant-Respondent Mallory Martinez, a National Guard member, by Plaintiff-Appellant William Teurlings. Plaintiff alleged he suffered personal injury and economic damage…

In the Matter of Adoption of John Doe  
Date: February 10, 2014
Docket Number: 41463

Justia Opinion Summary: This appeal arose from the dismissal of a petition for adoption filed by Jane Doe, the long-time domestic partner of Jane Doe I. Jane Doe I is the legally recognized parent of the two children subject to the adoption:…

Johnson v. Highway 101 Investments, LLC  
Date: February 7, 2014
Docket Number: 39160

Justia Opinion Summary: The dominant owners of an easement appealed an adverse grant of summary judgment dismissing all of their claims, which were premised on the servient owner’s construction of a permanent sign within the easement. The sign…

Akers v. Mortensen  
Date: February 7, 2014
Docket Number: 39182

Justia Opinion Summary: Marti Mortensen appealed the district court’s judgment regarding the scope and location of the Mortensen’s easement across Dennis and Sherrie Akers’ property. Mortensen also appealed the district court’s award of…

Akers v. D.L. White Construction, Inc.  
Date: February 7, 2014
Docket Number: 39493

Justia Opinion Summary: David and Michelle White, and D.L. White Construction, Inc. appealed the district court’s judgment regarding the scope and location of the Whites’ easement across Dennis and Sherrie Akers’ property and the district…

Guzman v. Piercy  
Date: February 7, 2014
Docket Number: 39708

Justia Opinion Summary: Dale Piercy appealed the district court’s dismissal of his amended action for declaratory relief, which challenged the validity of a herd district ordinance enacted in 1982 by the Canyon County Commissioners. The…

Melaleuca, Inc v. Foeller  
Date: February 7, 2014
Docket Number: 39757

Justia Opinion Summary: In 1999, Rick and Natalie Foeller entered into an agreement with Melaleuca of Canada, Inc., under which the Foellers would serve as independent marketing executives in exchange for monthly commission payments. In 2008,…

Ada County v. Garden City  
Date: February 7, 2014
Docket Number: 40084 and 40106

Justia Opinion Summary: In 1994, an en banc panel of the district judges of the Fourth Judicial District ordered Garden City and Meridian to provide suitable and adequate quarters for the magistrate’s division of the Fourth Judicial District.…

Ada County v. Garden City / Meridian
Date: February 7, 2014
Docket Numbers: 40084, 40106
Vawter v. United Parcel Service, Inc.  
Date: February 7, 2014
Docket Number: 40660

Justia Opinion Summary: This appeal stemmed from a worker’s compensation case in which Michael Vawter sought compensation from his employer, United Parcel Service (UPS), for a back injury he claimed he suffered as a result of his employment.…

RE: Termination of Parental Rights  
Date: February 7, 2014
Docket Number: 41233

Justia Opinion Summary: This appeal arose from a termination of parental rights based on a Consent in Abeyance. The Idaho Department of Health and Welfare (IDHW) filed a Petition for the Termination of Parental Rights after a prolonged child…

Farmers Nat'l Bank v. Green River Dairy  
Date: January 24, 2014
Docket Number: 40101

Justia Opinion Summary: Appellant Farmers National Bank (FNB) appealed the district court's grant of declaratory judgment in favor of Green River Dairy, LLC, and four commodities dealers: Ernest Carter, Lewis Becker, Jack McCall, and Hull Farms…

Verdene Page v. McCain Foods, Inc.  
Date: January 3, 2014
Docket Number: 40568

Justia Opinion Summary: Attorney L. Clyel Berry argued that he was entitled to a 40% attorney fee award, based on a contingent fee agreement he entered into with Claimant VerDene Page. The Industrial Commission awarded Berry a 30% attorney fee…

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