Smith v. Smith

This consolidated appeal involved the validity of two judgments and their subsequent renewals obtained by Sharon Smith, n/k/a Sharon Bergmann (Sharon) against Vernon Smith (Vernon). The judgments remained unsatisfied, and Sharon was granted renewals of the judgments every five years as required by the applicable statute. In 2014, Sharon sought to collect on the judgments, and Vernon subsequently challenged the validity of the judgments and their renewals. The magistrate court determined the judgments were valid and any claims of improper renewal were barred by res judicata. Vernon appealed to the district court, which dismissed the appeal for lack of jurisdiction and res judicata. In November 2016, while Vernon’s initial appeal was pending, a magistrate judge once again renewed one judgment for an additional five years. Vernon appealed this renewal, which the district court again dismissed citing res judicata. Vernon appealed the district court’s decisions and this Court consolidated both appeals. Finding no reversible error, the Idaho Supreme Court affirmed the district court's judgment: Vernon failed to show that the district court incorrectly applied well-established law. Furthermore, the Court determined Vernon had not provided cogent argument as to why his claims as to the 1991 judgment and its renewals were not clearly barred by res judicata. As to the 1999 judgment, Vernon failed to file a timely appeal, consequently depriving the Supreme Court of jurisdiction to hear his present appeal. Accordingly, Vernon’s appeal was frivolous, unreasonable, and without foundation, and as such, Sharon was awarded attorney fees and costs on appeal. View "Smith v. Smith" on Justia Law