Idaho Supreme Court - Civil Decisions 2016

Kemmer v. Newman  
Date: December 30, 2016
Docket Number: 42566

Justia Opinion Summary: Appellants Duane Kemmer, Karen Kemmer, and Tim Dolph appealed the district court’s decision that Respondents Bob Newman, Phyllis Miller, and Ruth Smith were properly elected as directors of New Life Missions, Inc. church...

Maravilla v. J. R. Simplot Co.  
Date: December 30, 2016
Docket Number: 43538

Justia Opinion Summary: Joseph Maravilla and J.R. Simplot Company both appealed the Industrial Commission’s (Commission) Order on Petition for Declaratory Ruling. Maravilla was injured in an industrial accident while working for Simplot, and Si...

Re: Termination of Parental Rights  
Date: December 22, 2016
Docket Number: 44376

Justia Opinion Summary: The Lincoln County Sheriff took three children into shelter care in 2013 on the ground that the children were endangered in their surroundings and that prompt removal was necessary to prevent serious physical or mental i...

Hammer v. City of Sun Valley  
Date: December 21, 2016
Docket Number: 43079

Justia Opinion Summary: In 2008, plaintiff Sharon Hammer began working as the City Administrator for the City of Sun Valley (City) pursuant to a written employment agreement. In 2011, DeWayne Briscoe defeated the incumbent mayor, Wayne Willich...

Hoffman v. Bd of Local Improvement Dist No. 1101  
Date: December 21, 2016
Docket Number: 43295

Justia Opinion Summary: Appellants appealed the district court's denial of their motion for summary judgment and the grant of summary judgment in favor of the Board of the Local Improvement District No. 1101 and the Ada County Board of Commissi...

Garcia v. Absolute Bail Bonds  
Date: December 21, 2016
Docket Number: 43315

Justia Opinion Summary: This was an appeal of a judgment against a bail bondsman who revoked a bail bond for an illegal alien at the request of an agent of United States Immigration and Customs Enforcement. The district court awarded damages in...

Schmidt v. Huston  
Date: December 21, 2016
Docket Number: 43620

Justia Opinion Summary: This was an appeal of a judgment denying a claim for contribution on equitable principles in an action by one co-guarantor against another co-guarantor. One of two independent grounds for the district court’s decision wa...

Evangelical Lutheran Good Samaritan Society v. Bd of Equalization of Ada County  
Date: December 21, 2016
Docket Number: 43697

Justia Opinion Summary: The Board of Equalization of Ada County (Ada County) appealed a district court’s ruling granting Evangelical Lutheran Good Samaritan Society (Society) a charitable property tax exemption. After review, the Supreme Court...

Kosmann v. Gilbride  
Date: December 12, 2016
Docket Number: 43296

Justia Opinion Summary: Appellant Leo Gilbride contended that the district court erred by refusing his request for attorney’s fees. The underlying dispute arose out of a sale of real property between Respondent David Kosmann and Gilbride, which...

Harrentsian v. Hill  
Date: December 9, 2016
Docket Number: 43627

Justia Opinion Summary: Appellant Antranick Harrentsian alleged that the district court erred in its enforcement of a constructive trust. Respondents, Gennieve and Frank Hill were the parents of Sarah Correa, who was Appellant's ex-girlfriend....

Prehn v. Hodge  
Date: December 8, 2016
Docket Number: 42465

Justia Opinion Summary: Appellants The Source Store LLC (“Source 1”), The Source LLC (“Source 2”), Michael L. Hodge (“Hodge”), George M. Brown (“Brown”), and Christopher Claiborne (“Claiborne”) appealed the district court’s order denying their...

Hoke v. NeYada, Inc.  
Date: December 8, 2016
Docket Number: 43343

Justia Opinion Summary: NeYada, Inc., a Nevada corporation, appealed a district court’s order granting summary judgment to Respondent Marian Hoke, and declaring a lease (the “Lease”) and an option to purchase (the “Option”) between the parties...

Elliott v. Murdock  
Date: December 2, 2016
Docket Number: 43410

Justia Opinion Summary: This case arose out of statements made to a call-in radio show by Steve Murdock about his neighbor Candace Elliott. The show’s hosts were discussing a Bonneville County case that involved allegations of horse abuse and n...

Silver Creek Seed v. Sunrain Varieties  
Date: November 30, 2016
Docket Number: 43078

Justia Opinion Summary: The issue this case presented for the Supreme Court's review was a contract dispute between Silver Creek Seed, LLC and Sunrain Varieties, LLC, arising from the development of Bacterial Ring Rot (“BRR”) in two of the pota...

Eagle Equity Fund v. TitleOne Corp  
Date: November 25, 2016
Docket Number: 42850

Justia Opinion Summary: This case arose from an allegedly improper reconveyance of a junior deed of trust (the “EEF Deed of Trust”) held by Appellant, Eagle Equity Fund, LLC (“EEF”). The reconveyance, which was executed by Respondent, TitleOne...

Inclusion, Inc v. Id. Dept. of Health & Welfare  
Date: November 23, 2016
Docket Number: 42245

Justia Opinion Summary: Inclusion, Inc., Inclusion North, Inc., and Inclusion South, Inc., (collectively Inclusion) provided residential rehabilitation support services to Idahoans eligible for Medicaid. In September 2012, Inclusion filed a com...

Sallaz v. Rice  
Date: November 23, 2016
Docket Number: 42698

Justia Opinion Summary: Dennis Sallaz owned a 1954 Cadillac Eldorado that he had purchased in 1964. In 1991, Sallaz granted Eugene “Roy” Rice a lien on the Cadillac, and a new certificate of title was issued in 1991, showing that Roy Rice had a...

Wolford v. Montee  
Date: November 23, 2016
Docket Numbers: 42719, 43007

Justia Opinion Summary: Appellants Shawn and Heather Montee, Shawn Montee, Inc., and ABCO Wood Recycling, LLC appealed, among other things, the district court’s grant of summary judgment in favor of Respondent Robert Wolford. Appellants argued...

Marek v. Hecla, Limited  
Date: November 18, 2016
Docket Number: 43269

Justia Opinion Summary: Patricia Marek, individually and as personal representative of the Estate of Larry "Pete" Marek, and Pete's surviving children Michael, Jodie and Hayley, all appealed when the district court granted summary judgment in f...

Barrett v. Hecla Mining Co  
Date: November 18, 2016
Docket Number: 43639

Justia Opinion Summary: Appellants Ronnel Barrett, Gregg Hammerberg, Eric Tester, and Matthew Williams were injured in a rock burst in 2011, and sued Hecla Mining Company, owner and operator of the Lucky Friday Mine. Appellants contended that H...

David & Marvel Benton Trust v. McCarty  
Date: November 16, 2016
Docket Number: 43326

Justia Opinion Summary: Appellant Dorothy McCarty appealed the grant of summary judgment holding that a quitclaim deed granting certain real property to McCarty was unenforceable as a matter of law because it did not contain an adequate descrip...

Smith v. Treasure Valley Seed Co.  
Date: November 3, 2016
Docket Number: 42596

Justia Opinion Summary: Vernon Smith appeals the district court’s award of attorney fees to Treasure Valley Seed Company, LLC and its owner Don Tolmie (collectively TVSC). This case arose out of a contract for the sale of lima beans between Vic...

CNW, LLC v. New Sweden Irrigation Dist.  
Date: November 3, 2016
Docket Number: 43005

Justia Opinion Summary: CNW, LLC owned an office building in the Taylor’s Crossing business subdivision in Idaho Falls. In mid-June of 2012, a sinkhole developed under the parking lot of CNW’s building. It was later determined that the sinkhole...

Drug Testing Compliance Grp v. DOT Compliance Service  
Date: November 3, 2016
Docket Number: 43458

Justia Opinion Summary: Appellants DOT Compliance Service (“DOT Compliance”), Jeff Minert, David Minert, and Ryan Bunnell appealed a jury verdict finding that DOT Compliance and Bunnell tortiously interfered with Respondent Drug Testing Complia...

Slavens v. Slavens  
Date: November 3, 2016
Docket Number: 43473

Justia Opinion Summary: After the death of James Kenneth Slavens (Jim), James Adam Slavens, Alexa Slavens, Tanner Slavens, Twin G Holdings, LLC, and Jim’s Estate (Respondents) sought a declaratory judgment as to the parties’ rights in Twin G Ho...

John Doe v. Idaho State Bar
Date: November 3, 2016
Docket Number: 44219
Re: Termination of Parental Rights  
Date: November 3, 2016
Docket Number: 44268

Justia Opinion Summary: This case concerned a Mother’s parental rights to her two children, M.S. and I.P. Jane Doe I and John Doe I (Respondents) were the paternal great-grandparents of M.S. and I.P. Respondents started caring for M.S. and I.P....

Path to Health, LLP v. Long  
Date: November 2, 2016
Docket Number: 42313

Justia Opinion Summary: The district court granted summary judgment dismissing the negligence, contract, and fraud claims brought by Path to Health, LLP (“Path”) against Daren Long and ALL-IN INC. d/b/a RE/MAX ALL-IN REALTORS (collectively “Rea...

Barr v. CitiCorp Credit Svc  
Date: November 2, 2016
Docket Number: 43122

Justia Opinion Summary: Jessica Barr appealed an Idaho Industrial Commission (Commission) decision finding her ineligible for unemployment benefits and affirming the decision of an Appeals Examiner for the Idaho Department of Labor’s (IDOL) App...

Frantz v. Troxell  
Date: November 2, 2016
Docket Number: 43576

Justia Opinion Summary: Counsel for appellant Martin Frantz hired attorney Merlyn Clark as an expert witness in an unrelated matter in 2009. Clark was a partner with respondent law firm Hawley Troxell Ennis & Hawley LLP (“Hawley Troxell”). In 2...

Millard v. ABCO Construction  
Date: November 2, 2016
Docket Number: 43618

Justia Opinion Summary: Claimant-appellant Thomas Millard appealed the Idaho Industrial Commission’s (Commission) ruling that certain medical payments made by the Workers Compensation Fund of Utah on behalf of Millard were payable at the statut...

Jane Doe I v. John Doe II  
Date: November 2, 2016
Docket Number: 43920

Justia Opinion Summary: John Doe (Father) appealed a magistrate court’s order which modified the custody arrangement between Father and Jane Doe (Mother) that was outlined in the court’s Judgment and Order Modifying Prior Court Orders. Father a...

Samples v. Hanson  
Date: November 1, 2016
Docket Number: 41869

Justia Opinion Summary: David and Jayme Samples (“the Samples”) appealed the grant of summary judgment in favor of Dr. Ray Hanson and Bingham Memorial Hospital in a medical malpractice action. Mr. Samples was admitted to Bingham Memorial Hospit...

City of Sandpoint v. Independent Hwy Dist  
Date: November 1, 2016
Docket Number: 42517

Justia Opinion Summary: This appeal centered on the legality of a Joint Powers Agreement (“JPA”) entered into in 2003 between the Independent Highway District (“IHD”) and the City of Sandpoint (“City”) to settle litigation between the two. The...

Pend Oreille View Estates Homeowners' Association v. T.T. LLC  
Date: November 1, 2016
Docket Number: 42538

Justia Opinion Summary: This lawsuit involved a subdivision named Pend Oreille View Estates, which was developed in two phases. Pend Oreille View Estates Owner’s Association, Inc. ("Association") desired to pave the roads that went from the pub...

Harper v. Dept of Labor  
Date: November 1, 2016
Docket Number: 42864

Justia Opinion Summary: Betty S. Harper (“Claimant”) was terminated from her employment with Phed Investments, Ltd. d/b/a Silverstone Inn and Suites (“Employer”), a hotel located in Post Falls, where she had been employed as a night auditor. Sh...

Shatto v. Syringa Surgical Center  
Date: November 1, 2016
Docket Number: 42958

Justia Opinion Summary: Harvey Wainio’s primary care physician referred him to podiatrist Dr. Richard M. Allen, because of a bunion on his right foot. In Wainio's first meeting with Dr. Allen, the doctor recommended surgery. Wainio agreed to ha...

Burns Concrete, Inc v. Teton County  
Date: November 1, 2016
Docket Number: 43527

Justia Opinion Summary: The issue in this appeal centered on whether a force majeure clause in a written contract between the county and a developer did not apply to the developer’s failure to obtain zoning approval in order to construct the ce...

Re: Termination of Parental Rights (father)  
Date: November 1, 2016
Docket Number: 44285

Justia Opinion Summary: John Doe and Mother were the natural parents of J.M, an eight-year-old boy. John Doe and Mother had what was described as a sporadic and volatile relationship for approximately ten years. During that time, both Doe and M...

Shepherd v. Shepherd  
Date: September 29, 2016
Docket Number: 42938

Justia Opinion Summary: Nancy Shepherd appealed a district court decision affirming the magistrate court’s final decision granting in part and denying in part her motion to modify a decree of divorce. Nancy argued that the district court erred...

Hoffer v. Shappard  
Date: September 28, 2016
Docket Number: 42087

Justia Opinion Summary: This case related to J.H.’s developmental dysplasia of the hip (DDH). Early diagnosis of DDH in children is important because early treatment is much easier, less invasive, less complicated, and more effective. Risk fact...

Jane Doe (2016-01) v. John Doe  
Date: September 15, 2016
Docket Number: 43774

Justia Opinion Summary: John Doe was involved in a fight with his sixteen-year-old daughter, C.G., resulting in C.G. sustaining a concussion and cervical strain. The magistrate court entered a civil protection order., which it subsequently modi...

Thornton v. Pandrea  
Date: September 14, 2016
Docket Number: 42332

Justia Opinion Summary: Appellant 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 t...

H&W v. Jane Doe (2016-11)  
Date: September 14, 2016
Docket Number: 44064

Justia Opinion Summary: Jane Doe (“Mother”) appealed a magistrate court’s judgment terminating her parental rights as to her children, D.M., A.M., J.S., A.L., and R.L. She argued that the State failed to produce clear and convincing evidence su...

Kantor v. Kantor  
Date: September 13, 2016
Docket Number: 41946

Justia Opinion Summary: This was an appeal of the district court’s dismissal of Sondra Kantor's claim that Robert Kantor breached a Property Settlement Agreement (PSA) as a sanction, its grant of summary judgment against her, and its award of a...

Estate of Kurt Aikele v. City of Blackfoot  
Date: September 13, 2016
Docket Number: 42742

Justia Opinion Summary: Kurt Aikele worked as a firefighter for the City of Blackfoot for twenty-six years. In December 2008, Aikele was diagnosed with adenocarcinoma of the lung, which caused his death four years later. Before his death, Aikel...

Kantor v. Kantor  
Date: September 13, 2016
Docket Number: 42980

Justia Opinion Summary: The issues in this appeal related to a Property Settlement Agreement (PSA) and judgment of divorce that were both signed in April 2012. This dispute was initiated in the magistrate division of the district court in Octob...

Kirk v. Wescott  
Date: September 12, 2016
Docket Number: 42593

Justia Opinion Summary: The issue presented for the Supreme Court's review stems from a quiet title action filed by Appellants Andrew and Kimberly Kirk against Ann Wescott. The Kirks bought a plot of land in Blaine County, referred to as Lot 7...

Cummings v. No Title Co of Idaho  
Date: September 12, 2016
Docket Number: 43081

Justia Opinion Summary: Northern Title Company of Idaho, Inc. (Northern Title) appealed the award of pre-appeal damages and attorney fees in favor of Steven Cummings (as the prevailing party). The Supreme Court reversed the underlying judgment....

Eyer v. Idaho Forest Group  
Date: September 12, 2016
Docket Number: 43532

Justia Opinion Summary: Kenneth and Sally Eyer and Idaho Forest Group, LLC (IFG) entered into a Log Purchase Agreement in which IFG agreed to purchase timber harvested from the Eyers’ land. Before logging, IFG sent an agent to the Eyers’ proper...

Dept. of Health & Welfare v. Jane Doe / John Doe  
Date: September 12, 2016
Docket Numbers: 44174, 44175

Justia Opinion Summary: Jane Doe I (Mother) and John Doe I (Father) each appealed the magistrate court’s judgment terminating their parental rights as to their two minor children, L.W. and J.W. Mother argued the magistrate court erred in severa...

Smith v. Smith  
Date: September 9, 2016
Docket Number: 42621

Justia Opinion Summary: Stafford and Woodruff Smith (Woody) were brothers. Their father established Smith Chevrolet, and over the years the brothers have co-owned several auto dealerships, other businesses, and parcels of real property. The bro...

Medical Recovery Svcs. v. Olsen  
Date: September 9, 2016
Docket Number: 43147

Justia Opinion Summary: In 2011, Medical Recovery Services, LLC (“the Collection Agency”), filed this action against defendants Allison and Nathan Olsen to recover on two entities’ unpaid medical bills. In 2012, the parties stipulated that the...

Tasha Jeffcoat v. Idaho Dept of Correction
Date: September 9, 2016
Docket Number: 43161
Turner House v. Treasure Valley Area of Narcotics Anonymous  
Date: September 9, 2016
Docket Number: 43191

Justia Opinion Summary: Donna Simono attended a meeting hosted by Treasure Valley Area of Narcotics Anonymous (“TVNA”) at the Turner House in Mountain Home. When leaving the meeting, she fell down the stairs and injured her ankles. Simono broug...

Jordan v. Dean Foods  
Date: September 9, 2016
Docket Number: 43281

Justia Opinion Summary: At issue in this case was a decision of the Industrial Commission (the Commission) finding that Edward Jordan failed to prove entitlement to additional benefits for accidents that occurred during his employment. Jordan s...

Reed v. Reed  
Date: September 9, 2016
Docket Number: 44056

Justia Opinion Summary: Chelsea Reed obtained a divorce from Zane Reed on the ground of adultery, terminating their five-year marriage. They had twin daughters who were about three years of age. Chelsea was awarded primary physical custody of t...

Dept. of Health & Welfare v. Jane Doe (2016-14)  
Date: September 9, 2016
Docket Number: 44092

Justia Opinion Summary: This appeal arises from a magistrate court’s judgment terminating the parent-child relationship between Appellant Jane Doe (Doe) and her child, M.R. Doe turned eighteen while in foster care, aging out of the system. Doe...

Ballard v. Kerr, M.D.  
Date: August 4, 2016
Docket Number: 42611

Justia Opinion Summary: Charles Ballard filed suit for wrongful death and medical malpractice against Silk Touch Laser, LLP (“Silk Touch”) and its owner Dr. Brian Kerr. In 2010, Charles’ wife Krystal Ballard underwent a liposuction and fat tran...

Gearhart v. Mutual of Enumclaw Ins Co  
Date: July 27, 2016
Docket Number: 42859

Justia Opinion Summary: In early 2011, Trent Gearheart was severely injured in an automobile accident caused by an underinsured motorist (“UIM”). After the accident, Trent’s parents, Ronald Gearhart and Brandi L. McMahon, who were divorced, eac...

Spectra Site Communications v. Lawrence  
Date: July 27, 2016
Docket Number: 43082

Justia Opinion Summary: Douglas and Brenda Lawrence (“the Lawrences”) challenged a district court judgment enjoining them from interfering with, impeding, or preventing Spectra Site Communications, Inc. (“Spectra”) from using or maintaining Blo...

Parks v. Safeco Ins Co of Illinois  
Date: July 27, 2016
Docket Number: 43376

Justia Opinion Summary: A wildfire destroyed David and Kristina Parks’ house, which was insured by Safeco Insurance Company (“Safeco”). The Parks purchased an existing house, and Safeco paid the Parks a total of $255,000, the cost of the replac...

Morrison v. St. Luke's RMC  
Date: July 22, 2016
Docket Number: 42625

Justia Opinion Summary: On December 26, 2011, Mitchell Morrison arrived at the emergency department of St. Luke’s Regional Medical Center, Ltd. (“St. Luke’s”), in Meridian, complaining of chest pains. The emergency room doctor determined Mr. Mo...

Searcy v. Idaho Bd of Correction  
Date: July 22, 2016
Docket Number: 43019

Justia Opinion Summary: Plaintiff-appellant Barry Searcy was an inmate in the custody of the Idaho Department of Correction (IDOC). In 2011, he filed a civil complaint naming as defendants the Idaho State Board of Correction, IDOC, and various...

Idaho Dept. of Health & Welfare v. John Doe (2016-09)  
Date: July 22, 2016
Docket Number: 44010

Justia Opinion Summary: In 2006, John Doe (“Father”) and Mother were the parents of three minor daughters who were approximately 5, 6, and 7 years of age. A federal grand jury in Idaho issued an indictment charging Father with hiring someone fr...

English v. Taylor  
Date: July 12, 2016
Docket Number: 42947

Justia Opinion Summary: Carol and Eric English appealed the dismissal of the their medical negligence claims against James Taylor, D.O., and Eastern Idaho Health Services, Inc., d/b/a Eastern Idaho Regional Medical Center (collectively, the Res...

Wright v. Ada County  
Date: July 7, 2016
Docket Number: 42999

Justia Opinion Summary: Richard Wright was hired in 2006 by Ada County as the Public Information Officer. In 2008, Wright became the Director of Administrative Services, a position he held until 2009 when it was reclassified to Director of the...

Stiles v. Amundson  
Date: July 7, 2016
Docket Number: 43289

Justia Opinion Summary: This appeal arose from a premises liability action brought against Walter Amundson, the owner of a piece of property in Kuna (the “Property”), by David Stiles, a social guest of one of Walter’s tenants. The district cour...

Capstar Radio v. Lawrence  
Date: June 29, 2016
Docket Number: 42326

Justia Opinion Summary: This was the fourth time this case has been up to the Idaho Supreme Court. Following the last remand, the district court conducted a six-day bench trial, after which it entered its Memorandum Decision and Order granting...

Kugler v. Nelson  
Date: June 28, 2016
Docket Number: 42690

Justia Opinion Summary: John Kugler appealed the grant of summary judgment in his suit against Ron Nelson, David Powers, Steven Kenison, William Armstrong, and Powers Candy Co., Inc. (collectively “the Defendants”). Until mid-2010, Kugler, Nels...

H-D Transport v. Pogue  
Date: June 28, 2016
Docket Number: 42921

Justia Opinion Summary: Vint Hughes and H-D Transport, an Idaho partnership, appealed the grant of summary judgment in favor of Michael Pogue and Lawson & Laski, PLLC (collectively Pogue) in a legal malpractice action. Hughes and H-D Transport...

Bryan Trucking v. Gier  
Date: June 28, 2016
Docket Number: 43461

Justia Opinion Summary: Appellant Bryan Trucking, Inc., sued Respondent Terry Gier for fraud, based on statements and representations Gier allegedly made to Bryan Trucking that induced Bryan Trucking to purchase a used commercial truck from a t...

Tiller White, LLC v. Canyon Outdoor Media, LLC  
Date: June 28, 2016
Docket Number: 43482

Justia Opinion Summary: In February 2003, Glen and Rachel Knapp entered into a written lease agreement with Lockridge Outdoor Advertising Agency to place a billboard sign on their property in exchange for annual rental payments. The lease was f...

Warner v. Idaho Transportation Dept  
Date: June 28, 2016
Docket Number: 43484

Justia Opinion Summary: At the heart of this appeal was a dispute about the duration of an administrative suspension of an Idaho driver’s license. Respondent Susan Warner was convicted in Idaho of driving under the influence of alcohol (DUI). T...

In The Matter of The Declaration of Parentage  
Date: June 2, 2016
Docket Number: 43796

Justia Opinion Summary: Respondents Jane Doe I (“Intended Mother”) and John Doe I (“Intended Father,” collectively with Intended Mother, “Intended Parents”) were a married couple living in Alaska. In May, 2014, Intended Parents contracted with...

Wilson v. King  
Date: June 1, 2016
Docket Number: 43086

Justia Opinion Summary: Appellant Lori Ann Wilson was divorced from respondent David King in Colorado in 2003. The divorce decree specified that Wilson was entitled to part of King’s military pension. King began receiving military pension payme...

Gerdon v. Con Paulos, Inc.  
Date: May 27, 2016
Docket Number: 43234

Justia Opinion Summary: In 2008, Joseph Gerdon was seriously injured in a motor vehicle accident that arose out of and in the course of his employment. He was a passenger in a vehicle being driven by a coworker, who drove off the road. The Indu...

Rangen, Inc v. North Snake Ground Water Dist.  
Date: May 27, 2016
Docket Number: 43564

Justia Opinion Summary: This case arose out of a permit application to obtain a water right filed by the respondents, North Snake Ground Water District, Magic Valley Ground Water District and Southwest Irrigation District (“the Districts”), to...

Does I v. Does II - Re Conservatorship of Minor Child  
Date: May 27, 2016
Docket Number: 43651

Justia Opinion Summary: Jane Doe I was the paternal grandmother of a minor child whose natural parents were unable to provide a stable home environment. Her husband, John Doe I, was the child's paternal step-grandfather. In 2014, they filed a p...

Doble v. Interstate Amusements, Inc.  
Date: May 3, 2016
Docket Number: 42744

Justia Opinion Summary: H. Peter Doble II appealed a district court’s order awarding Interstate Amusements, Inc. (Interstate) attorney fees. Interstate owned and operated a number of movie theaters throughout Magic Valley. As part of its busine...

Senor Iguana's v. ISP - ABC  
Date: May 3, 2016
Docket Number: 43158

Justia Opinion Summary: Senor Iguana's, Inc. appealed the cancellation of its liquor license. The district court found that Iguana's failed to pay the license renewal fee before the end of a grace period, so the license expired by operation of...

Mayer v. TPC Holdings, Inc.  
Date: May 3, 2016
Docket Number: 43468

Justia Opinion Summary: While receiving benefits based on his impairment rating, Keith Mayer died of a heart attack unrelated to his work accident. Mayer’s impairment rating was paid out in full following his death. However, Mayer died before a...

PHH Mortgage v. Nickerson  
Date: April 27, 2016
Docket Number: 42163

Justia Opinion Summary: Charles and Donna Nickerson appeal from the grant of summary judgment in favor of PHH Mortgage and J.P. Morgan Chase Bank. The suit involved an action for judicial foreclosure of a loan by PHH Mortgage against the Nicker...

Wagner v. Wagner  
Date: April 27, 2016
Docket Number: 42707

Justia Opinion Summary: Wanooka Farms, Inc. was a closely held family farming corporation. During the course of negotiations over the a split of the corporation (to avoid certain tax consequences), two appraisals were done. The appeal before th...

Akers v. Mortensen  
Date: April 27, 2016
Docket Number: 42726

Justia Opinion Summary: This case stemmed from a series of cases concerning the scope and location of Marti and Vernon Mortensen’s easement across Dennis and Sherrie Akers’ property. This dispute has made multiple trips to the Idaho Supreme Cou...

Sheets v. Bank of America  
Date: April 26, 2016
Docket Number: 42063

Justia Opinion Summary: This was a case involving a dispute over a mistakenly released deed of trust, which secured a 2004 residential mortgage between Ralph Sheets and the lender, Bank of America, N.A., f/k/a Countrywide Home Loans, Inc. (Coun...

Navo v. Bingham Memorial Hospital  
Date: April 26, 2016
Docket Number: 42540

Justia Opinion Summary: Appellants Lucia Navo, Serena Navo, and Nicole Navo appealed the dismissal on summary judgment of a case arising out of the death of Ellery Navo during a surgery at Bingham Memorial Hospital (“BMH”). At trial, Appellants...

Green v. Industrial Special Indemnity Fund  
Date: April 26, 2016
Docket Number: 42782

Justia Opinion Summary: The Industrial Special Indemnity Fund (ISIF) appeals a decision of the Industrial Commission in which the Commission concluded that ISIF must pay a portion of Roy Green’s disability benefits because Green had a pre-exist...

Weible v. Dept of Labor  
Date: April 26, 2016
Docket Number: 43135

Justia Opinion Summary: While claimant-appellant Judith Weible was employed by Safeway, Inc., she requested time off because she had to have surgery. Safeway granted her request and agreed to hold her job until she was able to return to work, w...

Rangen, Inc. v. Dept of Water Resources  
Date: April 26, 2016
Docket Number: 43370

Justia Opinion Summary: This was an appeal of a district court order affirming in part an order issued by the Director of the Idaho Department of Water Resources (“IDWR”). In response to a delivery call filed by Rangen, Inc., the Director had i...

Pandrea v. Barrett  
Date: March 25, 2016
Docket Number: 42333

Justia Opinion Summary: Mary Pandrea appealed a district court decision regarding the partition of approximately twenty-three acres of real property owned jointly by Pandrea and her sister. Pandrea argued on appeal that the partition greatly pr...

Mayer v. TPC Holdings, Inc.  
Date: March 24, 2016
Docket Number: 43468

Justia Opinion Summary: Before the Supreme Court in this case was an appeal of an Industrial Commission decision relating to the survivability of claims for permanent partial disability when a claimant died for reasons unrelated to the work acc...

Idaho Department of Health & Welfare v. Jane Doe (2015-21)  
Date: March 24, 2016
Docket Number: 43652

Justia Opinion Summary: A magistrate court terminated Appellant Jane Doe’s (“Mother”) parental rights to her nine-year-old child (“Child”) for neglect. Mother argued on appeal of that termination: (1) the magistrate court’s finding of neglect i...

Melene James v. City of Boise
Date: March 23, 2016
Docket Number: 42053
McKay v. Walker  
Date: March 23, 2016
Docket Number: 42434

Justia Opinion Summary: Plaintiff-appellant Patricia McKay appealed the grant of summary judgment in favor of Thomas Walker and Cosho Humphrey, LLP, in a legal malpractice action. McKay contended that Walker negligently drafted a property settl...

Coalition for Agricultures's Future v. Canyon County  
Date: March 23, 2016
Docket Number: 42756

Justia Opinion Summary: At issue before the Supreme Court in this matter was an action for declaratory relief related to planning and zoning in Canyon County. Appellant Coalition for Agriculture’s Future sued respondents Canyon County and the C...

Idaho Ground Water Appropriators v. Dept of Water Resources  
Date: March 23, 2016
Docket Numbers: 42775, 42836

Justia Opinion Summary: The Idaho Ground Water Appropriators, Inc. (“IGWA”) and the City of Pocatello filed separate appeals to a district court order, affirming in part and vacating in part an order issued by the Director of the Idaho Departme...

Kesting v. Kesting  
Date: March 23, 2016
Docket Number: 42875

Justia Opinion Summary: Appellant Linda Kesting obtained a judgment against Respondent James Kesting for breach of an alimony/spousal support agreement entered into during their divorce. When that judgment was returned without recovery, the mag...

Wilson v. Conagra Foods Lamb Weston  
Date: March 23, 2016
Docket Number: 43058

Justia Opinion Summary: Claimant Amanda Wilson filed a complaint under the Worker’s Compensation Act to obtain benefits for a back injury that she alleged was caused or aggravated in the Spring of 2011. On February 15, 2008, Claimant had visite...

Mena v. Idaho Bd. of Medicine  
Date: March 23, 2016
Docket Number: 43125

Justia Opinion Summary: Robert Mena was licensed to practice medicine and surgery in Idaho in 2003. In 2007, staff members at the hospital in Jerome where he had privileges reported behaviors that suggested to them that Dr. Mena might have been...

Charles W. Houpt v. Wells Fargo Bank
Date: March 9, 2016
Docket Number: 41990
Strong v. Intermountain Anesthesia  
Date: March 4, 2016
Docket Number: 42514

Justia Opinion Summary: Appellants Thomas Strong and Brian Hawk appealed a district court's order dismissing their case pursuant to Idaho Rule of Civil Procedure 41(b) for failing to prosecute, and 40(c) for unjustified inaction for over six mo...

Morgan v. New Sweden Irrigation Dist  
Date: March 4, 2016
Docket Number: 42575

Justia Opinion Summary: Appellant Bradley Morgan appealed declaratory judgment determining where to measure the sixteen-foot width of an easement held by Respondent New Sweden Irrigation District, which bordered an irrigation canal that ran the...

Lepper v. Eastern Idaho Health Services  
Date: March 4, 2016
Docket Number: 43004

Justia Opinion Summary: Plaintiffs-appellants Charles and Janice Lepper filed a medical malpractice suit against defendants Eastern Idaho Health Service, Inc. d/b/a Eastern Idaho Regional Medical Center (EIRMC) and Dr. Stephen R. Marano, (Dr. M...

Mitchell v. Idaho  
Date: March 3, 2016
Docket Number: 41882

Justia Opinion Summary: In 2010, Gerald Durk Simpson shot Ryan Mitchell in the back outside of a coffee shop in Pocatello. Prior to the shooting, Simpson had been receiving mental health services from the Idaho Department of Health and Welfare’...

Jeffrey Edward Huber v. Lightforce USA, Inc.
Date: March 2, 2016
Docket Number: 41887
Syringa Networks v. Dept of Administration  
Date: March 1, 2016
Docket Number: 43027

Justia Opinion Summary: This case involved a second set of appeals arising from an action challenging the bidding process for the Idaho Education Network (“IEN”). Syringa Networks, LLC, sued Qwest Communications, LLC, ENA Services, LLC, and the...

Rangen, Inc. v. Idaho Dept of Water Resources  
Date: February 29, 2016
Docket Number: 42772

Justia Opinion Summary: Appellant Rangen, Inc., filed a petition before the Director of the Idaho Department of Water Resources, alleging that junior ground water pumping in the Eastern Snake Plains Aquifer was materially injuring its water rig...

Alexander v. Stibal  
Date: February 26, 2016
Docket Number: 41604

Justia Opinion Summary: Kara Alexander sued Vianna Stibal for fraud, breach of contract, and punitive damages. A jury awarded Alexander $111,000 on her contract claim, $17,000 on the fraud claim, and $500,000 in punitive damages. Stibal is the...

McAdams, LLC v. Cintorino  
Date: February 26, 2016
Docket Number: 42718

Justia Opinion Summary: McAdams, LLC sought to hold Peter Cintorino and Tim and Kimberly Resler liable on their personal guarantees of a promissory note made by Fawnwood, LLC, in favor of JBM, LLC. The district court granted summary judgment in...

Estate of Cornell v. Johnson  
Date: February 26, 2016
Docket Number: 42822

Justia Opinion Summary: This case was an appeal from the district court’s decision to affirm a magistrate court’s summary dismissal of the Estate of John Cornell’s claims involving the administration of a trust. John and his sister, Toni Johnso...

Sweet v. Foreman  
Date: February 26, 2016
Docket Number: 43501

Justia Opinion Summary: Parties Rebecca Foreman and Stanley Sweet shared custody of Child. Prior to this modification proceeding, Sweet had primary physical custody of Child and Foreman had custodial time on alternating weekends and holidays. F...

Unifund CCR, LLC v. Lowe  
Date: February 11, 2016
Docket Number: 42876

Justia Opinion Summary: Lorene Lowe had two credit cards issued by Citibank, N.A. Citibank sold both credit card accounts to Pilot Receivables Management, LLC, and in late 2012, it assigned the accounts for collection to Unifund CCR, LLC. On D...

John Doe v. Shoshone-Bannock Tribes  
Date: February 1, 2016
Docket Number: 43165

Justia Opinion Summary: Appellant the Shoshone-Bannock Tribes intervened in the adoption proceedings of a minor child (Child). While the adoption itself was not at issue on appeal, disputes that arose during the adoption proceedings were. Respo...

Fagen v. Lava Beds Wind Park  
Date: January 26, 2016
Docket Number: 42592

Justia Opinion Summary: In 2013, plaintiff Fagen, Inc. filed this lawsuit seeking to recover damages for work it had done in the construction of a wind park located in Bingham County. It named as defendants Lava Beds Wind Park, LLC; Exergy Deve...

Fagen v. Rogerson Flats Wind Park  
Date: January 26, 2016
Docket Number: 42684

Justia Opinion Summary: This case was an appeal of an amended judgment awarding damages for breach of contract, court costs, and attorney fees in connection with a contract to construct five wind farms. Because the parties had stipulated to tha...

Easterling v. Kendall, M.D.  
Date: January 25, 2016
Docket Number: 42158

Justia Opinion Summary: Appellant Alesa Easterling brought this medical malpractice suit against Respondent Eric Kendall, M.D., alleging that Kendall was negligent in failing to diagnose her with a carotid artery dissection, and that such misdi...

Humphries v. Becker  
Date: January 22, 2016
Docket Number: 41897

Justia Opinion Summary: This appeal arose from a transfer of real property located in Cassia County. Appellants-buyers Robert and Becky Humphries accused Respondents-sellers Eileen Becker, her son, Allen Becker, and daughter-in-law, Jane Becker...

Skinner v. U.S. Bank Home Mortgage  
Date: January 22, 2016
Docket Number: 42065

Justia Opinion Summary: Greg and Jessica Skinner appealed a judgment dismissing the Skinners’ claim of negligence against U.S. Bank Home Mortgage. U.S. Bank retained insurance funds received after the Skinners’ home was destroyed by fire and re...

Copper v. Ace Hardware  
Date: January 22, 2016
Docket Number: 42873

Justia Opinion Summary: Claimant Clarence Copper was an employee of Ace Hardware / Sannan, Inc. from 2004 until he was terminated in 2014. Prior to termination, Claimant was reprimanded numerous times for failing to perform his job duties. Clai...

Liberty Bankers Life Ins. Co. v. Witherspoon, Kelley, etc.  
Date: January 6, 2016
Docket Number: 41993

Justia Opinion Summary: This appeal centered the competing security interests of appellant Liberty Bankers Life Insurance Company and respondent Witherspoon, Kelley, Davenport, & Toole, P.S. in real and personal property located in Post Falls,...

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