Justia Idaho Supreme Court Opinion Summaries

In the early 1980s, Ronald and Donna Phelps purchased seven parcels of property in Mores Creek Heights, a subdivision in Boise County. Two of those seven lots are at issue in this appeal (“Lot 26” and “Lot 27”). On October 1, 2004, the Phelpses recorded a quitclaim deed and trust transfer deed, transferring each of the seven lots into their trust. Each deed contained the statement “Mail Tax Statements to: Ronald O. Phelps, Donna J. Phelps, 1 Craftsbury Place, Ladera Ranch, CA 92694.” The Phelpses moved to this address in 2005 and resided there at the time of the bench trial on November 16, 2017. The Phelpses signed for the receipt of certified mail sent to the Ladera Ranch address from Boise County as late as May 18, 2013, and again on December 7, 2015; however, the Phelpses’ mailing address on file with Boise County beginning in 2009, and at all times relevant here, was P.O. Box 1047, El Toro, CA, 92630. Boise County mailed notices regarding property taxes on the lots to the Phelpses at the El Toro address beginning in 2009. The Phelpses did not pay property taxes on the lots for 2010 or any year thereafter. Jeffrey and Johnna Hardy (“the Hardys”) purchased two properties at a tax sale and brought action to quiet title against the Phelpses. The Phelpses counterclaimed against the Hardys and cross-claimed against Boise County, alleging that Boise County failed to provide them proper notice of tax deficiency. Following a bench trial, the district court entered judgment quieting title to the properties in the Hardys and denying the Phelpses’ counterclaim. The Phelpses appealed, asserting the lack of notice makes the Hardys’ deeds void. The Idaho Supreme Court determined Boise County’s efforts to notify the Phelpses of the tax deed satisfied the notice provisions of Idaho law, and were sufficient to satisfy due process requirements. The Court therefore affirmed judgment in favor of the Hardys. View "Hardy v. Phelps" on Justia Law

Miranda Moser dislocated her right shoulder when she lifted a 24-pack of soda while working as a cashier for Rosauers Supermarkets, Inc. (“Rosauers”). Rosauers accepted the claim even though Moser had a pre-existing history of recurrent instability of her right shoulder. Moser underwent shoulder surgery. Afterward, she continued to suffer from “pseudosubluxation” and her surgeon, Dr. Adam Jelenek, recommended she receive a second opinion from a physician in Seattle. Rather than authorizing the request for referral, Rosauers arranged for Moser to be evaluated by Dr. Michael Ludwig who opined that Moser’s shoulder dislocation likely resulted from her pre-existing condition. Dr. Ludwig concluded that Moser had returned to her pre-injury baseline and that she did not require any further medical care. Rosauers filed a notice of medical exam to be performed by Dr. Joseph Lynch on February 5, 2018. Moser responded with a letter conveying she would not be attending the medical exam. Moser filed a Judicial Rule of Practice and Procedure (“J.R.P.”) 15 petition for a declaratory ruling, seeking an order on whether an employer could compel a claimant to attend an Idaho Code section 72-433 examination without first establishing the claimant was within her “period of disability,” which she argued was limited to a period when she was actually receiving benefits. Thereafter, Moser filed a notice that she would not attend the medical examination Rosauers had scheduled for April 2, 2018. The Commission held that following the claim of an accident, injury, or occupational disease, an employer may require a claimant’s attendance at such a medical examination. Moser appeals the Commission’s order. Finding no reversible error in the Commission’s judgment, the Idaho Supreme Court affirmed. View "Moser v. Rosauers" on Justia Law

The Idaho Board of Licensure of Professional Engineers and Professional Land Surveyors (the Board), through its executive director, Keith Simila, brought disciplinary proceedings against Chad Erickson for allegedly violating certain statutes and rules governing the surveying profession. Following an administrative hearing, the Board found that Erickson violated a number of the statutes and rules alleged and revoked his license as a professional land surveyor. Erickson appealed the revocation of his license to the district court. The district court upheld the Board’s finding that Erickson had committed certain violations; however, the district court reversed the portion of the Board’s Order revoking Erickson’s license and remanded the matter for further consideration of the appropriate sanction. Erickson appealed the district court’s decision, arguing that the evidence did not support the Board’s finding of any violations. In addition, Erickson argued numerous procedural errors made by the Board mandated reversal. The Idaho Supreme Court reversed, finding the Board's October 28, 2015 complaint against Erickson was time barred by IDAPA 10.01.02.011.01 and Idaho Code section 54-1220(2); the Board was aware of the allegations against him beginning in 2011, more than four years prior to the submission of the Executive Director’s complaint against him. "The failure to comply with a statute of limitations is jurisdictional and, therefore, this issue is dispositive." Accordingly, the district court’s Substituted Judicial Review Opinion was reversed and the Board’s Order was vacated because it was made upon unlawful procedure. View "Erickson v. Idaho Board of Licensure of Professional Engineers & Professional Land Surveyors" on Justia Law

David Kosmann appealed a district court judgment relating to a dispute that arose from the sale of real property. He claimed the district court erred in enforcing an oral settlement agreement reached in mediation between Kosmann, Kevin Dinius, and Dinius & Associates, PLLC (collectively “Dinius”). Kosmann also argued the trial court erred in: (1) awarding attorney fees to Dinius as a sanction against Kosmann and his attorney; (2) declining to impose sanctions against Dinius and his attorney; and (3) striking an untimely memorandum and declaration in support of his motion to reconsider. After review of the trial court record, the Idaho Supreme Court affirmed in part and reversed in part. The Supreme Court determined the district court did not err in enforcing the settlement agreement; the court also did not err in declining to impose sanctions against Dinius on ethics violations. However, the Supreme Court determined the district court abused its discretion in imposing I.R.C.P. 11 sanctions against Kossman and his counsel: the district court did not act consistently with the applicable legal standard for imposing sanctions pursuant to I.R.C.P. 11(b). The Supreme Court declined to address all other issues Kossman raised, and determined he was not entitled to attorney fees on appeal. "The record in this case is so tarnished with questionable conduct that it has presented this Court with a vexing ethical and legal dilemma. While we are gravely concerned over the potential ethical lapses which allegedly occurred during the mediation of this matter, there are no findings in the record concerning these matters. Therefore, as the trial court determined, we will leave to the Idaho State Bar, if properly called upon, the responsibility to investigate this matter further and make the necessary findings and conclusions as to the ethical issues presented." View "Kosmann v. Dinius" on Justia Law

Denise M. Ehrlich appealed an Idaho Industrial Commission (the Commission) order that determined she was ineligible for unemployment benefits. The Commission affirmed the determination of the Idaho Department of Labor and the Appeals Examiner that Ehrlich willfully underreported her weekly earnings. On appeal, Ehrlich contended the Commission’s finding that she willfully misrepresented her wages was clearly erroneous. Finding no reversible error, the Idaho Supreme Court affirmed the Commission’s decision. View "Ehrlich v. IDOL" on Justia Law

Bryan Oliveros filed a complaint with the Idaho Industrial Commission (“Commission”) after he was involved in a work related accident at Rule Steel Tanks, Inc. (“Rule Steel”). The accident resulted in the partial amputation of all four fingers on his dominant hand. The Commission awarded Oliveros compensation for a 32% partial permanent impairment (“PPI”) rating but declined to award any additional benefits after it later found his permanent partial disability (“PPD”) rating to be 25%. Oliveros appealed to the Idaho Supreme Court. While the Court concluded the Commission erred when it found Oliveros’ PPI could exceed his PPD, it otherwise affirmed the Commission’s decision. View "Oliveros v. Rule Steel" on Justia Law

Mother Jane Doe appealed a magistrate court’s termination of her parental rights to her child T.G.E. At the time she gave birth, Mother had pending felony drug charges and an active warrant for her arrest; the child’s umbilical cord tested positive for methamphetamine at birth. Following a termination hearing, the magistrate court found termination proper based on neglect and entered an order to that effect on December 8, 2017 (the Order). However, in a subsequent decree (the Decree) issued on December 15, 2017, the magistrate court stated Mother’s parental rights were being terminated based on abandonment. The court also terminated Father’s parental rights however, Father had voluntarily relinquished his parental rights and was not a party to this appeal. On appeal, both Mother and the Department raised procedural issues relating to the conflicting Order and Decree. Subsequently, the Idaho Supreme Court remanded the case for entry of a new judgment terminating Mother and Father’s rights to Child, and stated the Order would constitute the findings of fact and conclusions of law. Mother appealed, contenting the magistrate court erred when it terminated Mother’s parental rights. Finding no reversible error, the Supreme Court affirmed the ultimate termination. View "DHW v. Jane Doe" on Justia Law

At the summary judgment stage, the district court found that an employee of Greenwald Neurosurgical, P.C. caused over $100,000 in losses to the P.C., while he was acting in the ordinary course of the P.C.’s business. The district court then issued a judgment to the P.C. for the policy amount of $100,000 pursuant to a Dishonesty Bond issued by Western Surety Company. Western appealed the district court’s determinations that the employee caused the loss while acting in the ordinary course of business and that the P.C. actually suffered the loss. The P.C. cross-appealed the district court’s findings that it was the only entity insured under the bond and argued it was awarded too little by way of attorney’s fees. The Idaho Supreme Court determined: (1) the district court correctly concluded that only the P.C. was an insured and the only entity that could recover under the bond; (2) whether the employee was acting the “ordinary course of [the P.C.’s] business” was a jury question; (3) a genuine issue of fact existed regarding the amount of losses the P.C. sustained; and (4) the district court erred in awarding attorney’s fees to the P.C. The Supreme Court therefore vacated summary judgment, and remanded for further proceedings. View "Greenwald v. Western Surety" on Justia Law

Arturo Aguilar appealed the Findings of Fact and Conclusions of Law and Order of the Idaho Industrial Commission in which it concluded the Idaho Industrial Special Indemnity Fund (ISIF) was not liable to him for worker’s compensation benefits. Aguilar was born in Mexico, spoke limited English and testified through a translator at his hearing. Aguilar, in the words of the Commission, is “a Mexican National and has resided illegally in the United States since approximately 1986.” Married, Aguilar and his wife had two daughters, the eldest of whom had cerebral palsy and was seriously disabled. Aguilar primarily worked as a manual laborer, including agricultural work, ranch work, and, for the last fifteen to sixteen years prior to the injury giving rise to this claim, concrete and cement work. During this latter line of employment, Aguilar sustained multiple back injuries. On December 11, 2006, Aguilar suffered another low back injury while screeding concrete. Following this latter injury, Aguilar was diagnosed with degenerative disc disease and a disc herniation at the L4-5 level of his spine. Because he was unable to get his pain to abate, he underwent back surgery, which resulted in the fusion of the L4-5 level of Aguilar’s spine. The Industrial Commission (the Commission) found that Aguilar was totally and permanently disabled and that he had pre-existing impairments that constituted subjective hindrances to his employment. However, the Commission rejected Aguilar’s claim that the ISIF was liable for benefits. Specifically, the Commission found Aguilar’s limitations and restrictions had not materially changed following the second injury. Having drawn that conclusion, the Idaho Supreme Court determined the Commission failed to apply the correct legal test in analyzing the ISIF’s liability. The Court also determined the Commission erred by failing to apply the disjunctive test for causation as set out in Idaho Code section 72-332. As a result of these two errors, the order set out in the Commission’s decision was vacated, and the case remanded for further proceedings. View "Aguilar v. Idaho ISIF" on Justia Law

Mother Jane Doe appealed a magistrate court’s judgment terminating her parental rights to her minor children. The judgment also terminated the parental rights of the children’s father, who appealed in a separate action. The children were placed in the custody of the Idaho Department of Health and Welfare (the “Department”) following a March 2016 petition under the Child Protection Act (“CPA”). After the filing of the petition, the parents stipulated to an unstable home environment. In June 2016, the magistrate court ordered the parents to follow case plans provided by the Department. Roughly eight months later, the State filed a motion to terminate both parents’ parental rights based on failure to comply with their case plans and prior neglect. After holding a trial, the magistrate court terminated both parents’ parental rights. Mother argued on appeal that the Department did not make adequate efforts to reunify the family and that the magistrate court erred by finding that the Department’s efforts were reasonable. Unpersuaded by Mother’s arguments, the Idaho Supreme Court affirmed termination. View "DHW v. Jane Doe" on Justia Law