Justia Idaho Supreme Court Opinion Summaries

Both of ten-year-old Jane Doe II’s parents passed away in 2017. A family friend with whom Jane and her mother had been living (“Friend”) petitioned for guardianship of Jane. Jane’s father’s twin sister (“Aunt”) also petitioned for guardianship. During proceedings the magistrate court appointed a local attorney, Auriana Clapp-Younggren (“Clapp-Younggren”), to serve as both the attorney and the guardian ad litem for Jane. After trial the magistrate court followed Clapp-Younggren’s recommendation and awarded temporary guardianship to Friend so that Jane could finish the school year, but appointed Aunt as Jane’s permanent guardian. Friend appealed the magistrate court decision. The Idaho Supreme Court determined the magistrate court abused its discretion by failing to conduct a reasonable inquiry into whether Jane possessed sufficient maturity to direct her own attorney. The final decree appointing Aunt as Jane’s permanent guardian was vacated and the case was remanded so that the magistrate court can conduct a hearing to determine whether Jane possessed sufficient maturity to direct her own attorney prior to a new trial. View "In the Interest of Jane Doe II (under 18)" on Justia Law

In January 2017, a jury found that an enforceable contract bound Mike Von Jones to pay Safaris Unlimited, LLC, (Safaris) $26,040 for a 2012 big game hunt Jones went on in Zimbabwe, Africa (2012 hunt). After the jury’s verdict, Safaris was awarded attorney fees plus interest on the judgment, bringing the judgment against Jones to $122,984.82. Safaris obtained a writ of execution in June 2017 and attended the sheriff sale as the only bidder. At the sale, Safaris purchased a pending lawsuit arising from Jones’s business venture by making a $2,500 credit bid. Jones was later successful in moving to vacate the sale. Jones appealed three issues from the jury trial: (1) the admission of a handwriting exemplar; (2) certain statements made by the district court concerning the handwriting exemplar; and (3) a jury instruction on agency law. Safaris cross appealed the district court’s decision to vacate the sheriff sale. After review, the Idaho Supreme Court determined: (1) the district court did not abuse its discretion by admitting the handwriting exemplar; (2) the district court did not violate Jones’s procedural due process rights by instructing Jones to answer whether he signed a particular document after viewing the exemplar; and (3) the Court did not reach the merits of Jones’s argument that the district court erred by giving jury instruction 13 since Jones failed to object to the instruction below. Thus, the Court affirmed in part, reversed in part and remanded the case for further proceedings. View "Safaris Unlimited v. Jones" on Justia Law

Ibrahim and Halida Ekic (the Ekics) and the estate of Aldina Ekic appealed district court decisions to grant summary judgment to Geico Indemnity Company (Geico) on their claims of breach of contract, misrepresentations in the inducement, breach of the duty of good faith and fair dealing, and promissory estoppel and to award attorney fees to Geico. Aldina was killed in an automobile accident caused by the negligence of a third party. The Ekics recovered the total policy proceeds of $25,000 from the third party’s insurance carrier. The Ekics demanded payment from Geico for the payment of $25,000 under Aldina’s underinsured motorist policy. Geico refused to issue a payment under the language of the policy. The Ekics filed suit. Sometime after Geico filed an answer, Geico filed a motion for summary judgment with a supporting affidavit from Geico’s counsel that included a copy of the Ekics’ answers to several interrogatories, a copy of Aldina’s Geico policy, and the vehicle collision report for the accident involving Aldina and the third party. The district court granted summary judgment for Geico on each of these claims. The Ekics then amended their complaint, with the permission of the district court, to add the additional claim of promissory estoppel and Geico filed an amended answer. Counsel for Geico advised the district court during a scheduling conference that Geico would be filing a motion for summary judgment on the additional claim. At the hearing, the district court granted Geico’s motion for summary judgment because the court found that “even viewing all the facts in light most favorable to the Plaintiff, there was no admissible evidence to support” their claim. The Ekics filed a motion to set aside the judgment which was denied by the district court. Geico requested attorney fees and the district court awarded them pursuant to Idaho Code section 41- 1839(4). The Ekics argued the district court erred in granting summary judgment in favor of Geico, but finding no such error, the Idaho Supreme Court affirmed the district court's judgments. View "Ekic v. Geico" on Justia Law

This appeal arose out of Michael and Sue Clarke’s attempted recovery of earlier financial losses sustained due to the fraudulent investment practices of Zach Latimer. After obtaining a judgment against Latimer, the Clarkes filed a separate action against his wife, Holly Latimer, alleging that the Latimers engaged in transfers of funds that violated the Uniform Fraudulent Transfer Act. The district court found in favor of the Clarkes’ claim after a bench trial but ruled that there was no prevailing party and denied the Clarkes’ request for attorney’s fees and costs. The court also ordered the Clarkes to file a partial satisfaction of judgment in their separate action against Zach and denied their post-trial motion for prejudgment interest. The Clarkes challenged each of these determinations, and sought additional fees and costs for their appeal. After review, the Idaho Supreme Court determined the Clarkes should have been found to be the prevailing party, and the district court erred by ordering the Clarkes to file a partial satisfaction of their judgment in their case against Zach Latimer. The district court did not, however, abuse its discretion by denying the Clarkes' prejudgment interest or attorney's fees, however, they were entitled to costs. View "Clarke v. Latimer" on Justia Law

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

At issue in this case was what constituted “good cause” for failing to timely serve a defendant in accordance with the Idaho Rules of Civil Procedure. The case began with a May 2014 auto collision in Idaho Falls involving Melanie Hansen and Gary White. Hansen claimed White’s negligence caused the collision, and she filed a complaint against him in May 2016. Process servers attempted to serve White in October 2016 at the address listed on the police report, which was taken from his driver’s license, but White had not lived at that address for years. Days before the six-month deadline, Hansen attempted service by publication without obtaining a court order as required by statute. The process server also left the complaint and summons with White’s daughter-in-law at the address listed on the police report. White filed a motion to dismiss for lack of service in November 2016. The district court initially found that good cause existed for Hansen’s failure to timely serve White, but after holding a hearing on White’s subsequent motion for reconsideration, dismissed the claim without prejudice for failure to timely serve. Hansen appealed the dismissal. Finding no reversible error, however, the Idaho Supreme Court affirmed. View "Hansen v. White" on Justia Law

Appellants Coleman Homes, LLC, West Highlands, LLC, West Highlands Subdivision Homeowner’s Association, Inc., and West Highlands Land, LLC appealed a district court order entered in favor of the City of Middleton, Idaho. Appellants entered into two agreements with the City regarding impact fees and public access space for the West Highlands Ranch Subdivision (the “Project”) located in Middleton. Soon thereafter, Appellants asserted the agreements were invalid and unenforceable. In response, the City sought a judgment from the district court declaring the agreements valid and enforceable. The parties eventually stipulated to the validity of the agreements. Both sides filed motions for summary judgment asking the district court to interpret the agreements. The district court ultimately ordered Appellants to designate 12.8 acres of land within the Project as public access space and ruled that Appellants were obligated to provide a financial guarantee, if necessary. Based on the summary judgment order, the district court found the City to be the prevailing party and awarded the City attorney fees under Idaho Code section 12-120(3). Appellants appealed the district court’s prevailing party determination. The City cross-appealed the district court’s fee award and ruling that Appellants were obligated to provide a financial guarantee, if necessary. After review, the Idaho Supreme Court affirmed the prevailing party determination, and ordered a clerical error with respect to naming the party obligated to provide a financial guarantee. View "Middleton v. Coleman Homes" on Justia Law

Medical Recovery Services, LLC (“MRS”), appealed a district court decision that affirmed a magistrate court’s dismissal of an MRS complaint. MRS alleged a right to collect on a debt from Yvonne Ugaki-Hicks, who did not respond to the complaint. MRS filed a complaint against Ugaki-Hicks to recover $1,416.63 alleged to be due for medical services provided by SEI Anesthesia. MRS alleged that it was the assignee of the bill. MRS filed an application for entry of default and default judgment. The magistrate court denied the request. MRS appealed to the district court which determined default should have been entered but affirmed the magistrate court’s denial of entry of default judgment. MRS appealed to the Idaho Supreme Court. MRS contended the failure of Ugaki-Hicks to appear and the affidavit of counsel provided an uncontradicted record of the debt assigned to MRS. However, MRS failed to include Exhibit A, the alleged proof of debt or the assignment thereof. MRS stated it did not know why Exhibit A was not included in the record, but that it did not matter because there was no original instrument or written contract between SEI Anesthesia and Ugaki-Hicks. The Idaho Supreme Court concluded the district court did not abuse its discretion in requiring MRS to provide evidence of the assignment of claim. “m. Whether Exhibit A would have met the standard could not be determined by either the district court or this Court. This Court is left to presume missing evidence supports the lower courts’ findings.” The district court decision was thus affirmed. View "Medical Recovery Svc v. Ugaki-Hicks" on Justia Law

Karen Savage appealed the dismissal of her Idaho Wage Claim Act (“IWCA”) action by the district court. Savage brought this action against her employer Scandit Inc. (“Scandit”) in November 2016 after Scandit failed to pay her over $400,000 in commissions and bonuses she claims were due by the end of October. The district court granted Scandit’s motion to dismiss finding that Savage had failed to allege that she had earned the commissions as defined in the 2016 Commission Compensation Plan (“CCP”) between Savage and Scandit. The district court also denied Savage’s motion to amend, holding that the amendment would be futile. After review, the Idaho Supreme Court determined Savage alleged sufficient facts in her complaint to preclude dismissal, and that her motion to amend the complaint was not futile. Therefore, the Supreme Court reversed the district court’s decision granting the motion to dismiss the complaint, and denial of the motion to amend were reversed. The matter was remanded for further proceedings. View "Savage v. Scandit, Inc." on Justia Law

Animal Control Officer Laurie Deus responded to a report of a vicious dog. When she arrived on scene, a black and white pit bull, later identified as “Bo,” aggressively charged anyone who got near him. Bo was declared aggressive, and later dangerous. Mark and Robyn Munkhoffs’ son Sam Munkhoff (“Sam”) was Bo’s owner, and Bo was kept on the Munkoff’s property. Months later, Officer Deus received a report of a dog bite that occurred near the Munkhoffs’ home. The owner of the dog was identified as Sam. Sam was cited for having an animal running at large, an animal attacking, biting or chasing, and Bo was declared dangerous. The responding animal control officer cited Mark too, whose dog Dexter was also running at large. Mark told the officer that “Sam is absolutely not allowed to move back in nor is he allowed to bring Bo back even for a visit.” Officers tried to locate Sam and Bo; Mark told officers on the phone that “if that dog shows up [I] will shoot it.” Bo bit the Munkoffs’ neighbor, Klaus Kummerling. The Kummerlings filed a complaint, alleging claims for negligence, gross negligence, outrage, and nuisance against the City of Coeur d’Alene, Coeur d’Alene Police Chief Ron Clark, the Munkhoffs, and Sam. The Kummerlings did not allege in their complaint that the Munkhoffs were vicariously liable for Sam’s conduct. The district court dismissed the claims against the City and Chief Clark. The Munkhoffs filed a motion for summary judgment, which was granted as to all claims except the claim for negligence. Sam, who represented himself, did not join in the Munkhoffs’ summary judgment motion. This case was tried to a jury, and the jury returned a special verdict, finding that the Munkhoffs and their son Sam were negligent, negligent per se, and that their negligence was the actual and proximate cause of Kummerling’s injuries. The jury allocated fault and calculated damages. Kummerling was awarded $16,603.00 in economic damages and $185,000.00 in non-economic damages. The Munkhoffs moved for a new trial pursuant to Idaho Rules of Civil Procedure 59(a)(1)(A), (F), and (G), for remittitur pursuant to Idaho Code section 6-807 and Rule 59.1, and for relief from judgment pursuant to Rule 60(b)(3). The district court denied the motions, and a judgment was entered on November 7, 2016. On December 14, 2016, the Munkhoffs timely appealed. After review, the Idaho Supreme Court found no reversible error in the trial court’s decision and affirmed. View "Litke v. Munkhoff" on Justia Law