Justia Idaho Supreme Court Opinion Summaries

Jane Doe (Mother) appealed a magistrate court judgment terminating her parental rights to her three minor children: PG, KG, and BG. Near the end of February 2017, Mother, who was thirty-five weeks pregnant with BG, went into preterm labor while in jail. She was transported to a hospital but did not have the baby at that time. While at the hospital, she tested positive for methamphetamines. Around that time, KG was hospitalized to receive treatment for Respiratory Syncytial Virus (RSV). Because Mother appeared to be under the influence of drugs when she visited KG in the hospital, the doctor called Child Protective Services over concerns that Mother could not adequately care for her child. After an investigation, the State of Idaho filed a petition to remove PG and KG from their home and they were placed into emergency shelter care on March 1, 2017. The children were three years old and one year old, respectively. BG was then born and placed in emergency shelter care on March 29, 2017, after testing positive for three kinds of opiates. Because Mother continued to use drugs, have other criminal issues, and made only minimal progress on her case plan after eight months, the State filed a petition to terminate her parental rights on November 28, 2017. Mother argued the magistrate court abused its discretion in determining that she neglected her children and that it was in the children’s best interest to terminate the parent-child relationship. Although Mother did not describe how the magistrate court abused its discretion or recite the abuse of discretion standard in her brief, the Idaho Supreme Court took her argument to be that substantial and competent evidence did not support the magistrate court’s findings. To this end, the Supreme Court disagreed and affirmed termination of her parental rights. View "DHW v. Jane Doe" on Justia Law

At issue before the Idaho Supreme Court in this case was a magistrate court decision to deny a motion by Jane Doe (Mother), the biological mother of an adult, mentally-incapacitated child (Son) to set aside a decree of adoption declaring Jane Doe I (Step-Mother) to be a parent of Son. The decree was entered upon the joint petition for adoption filed by Son’s biological father (Father) and Step- Mother. Mother was not given notice of the proceedings. Upon learning of the adoption, she filed a motion to set aside the decree pursuant to Idaho Rule of Civil Procedure 60(b). Father and Step-Mother did not respond to Mother’s 60(b) motion, which the magistrate court denied. In this direct appeal to the Supreme Court, Mother argued the lower court erred in denying her motion because notice to Mother and her consent was required. The Supreme Court concurred with Mother's contention that notice and consent was required. The Supreme Court reversed the magistrate court's denial, vacated the decree of adoption, and remanded this matter for further proceedings. View "In the Matter of Adoption by Step-Parent" on Justia Law

Victoria H. Smith was nearly 100 years old when she died on September 11, 2013. During her life she married Vernon K. Smith Sr., a lawyer who died of a heart attack in 1966. Victoria and Vernon Sr. accumulated substantial real estate and business interests during their lifetimes. More than twenty years before her death, Victoria prepared a holographic will. Her son Vernon Smith, Jr. was the only person present when Victoria signed the document. In 2012, Vernon formed a limited liability company, VHS Properties, LLC (“VHS” were Victoria’s initials). He named his mother and himself as the only members of the company. Vernon used a 2008 power of attorney to transfer all of Victoria’s real and personal property to VHS Properties. He signed the transfer document on behalf of Victoria, as her attorney in fact, and on behalf of VHS Properties, as a member. Vernon then used the 2008 power of attorney to execute a second document, by which he transferred to himself all of Victoria’s interest in VHS Properties. He once again signed the document on behalf of Victoria and also signed for himself. By the end of the day on July 4, 2012, Vernon had exclusive ownership and control of all of Victoria’s assets. A dispute arose among Victoria's children following her death and the probate of her estate. A magistrate court ruled Victoria died intestate after finding her will was the product of undue influence of Vernon, Jr. Vernon, Jr. appealed that ruling and an earlier, partial summary judgment ruling that invalidated a series of transactions that transferred Victoria's assets to the LLC. Finding no reversible error in the magistrate court's judgment, the Idaho Supreme Court affirmed. View "Smith v. Smith" on Justia Law

Val Westover filed this action seeking a declaration that the existence of the Idaho Counties Risk Management Program (ICRMP) violated Idaho law. This litigation followed an earlier dispute between Westover and Jase Cundick, the Franklin County, Idaho Assessor. That dispute came before the Idaho Supreme Court in which Westover advanced claims for slander of title and intentional interference with existing or potential economic relations and sought writs of mandate and prohibition. After Westover voluntarily dismissed the slander of title and tortious interference claims, the district court denied his requests for extraordinary writs and dismissed the action. Westover appealed and the Supreme Court affirmed the judgment of the district court and declined to award attorney fees to either party. Westover then brought this action, seeking a declaration that ICRMP’s existence and relationship with county governments violates the directive in Idaho Code section 12-117(3) that attorney fees awarded against a state agency or political subdivision “shall be paid from funds in the regular operating budget . . . .” ICRMP moved for summary judgment, contending that Westover lacked standing to pursue his claim. Finding no reversible error, the Supreme Court affirmed dismissal of Westover’s declaratory judgment action. View "Westover v. Idaho Counties Risk Mgmt" on Justia Law

Dale and Kathi Lee appealed a district court’s decision granting summary judgment in favor of Willow Creek Ranch Estates No. 2 Subdivision Homeowners’ Association, Inc. (the HOA). The dispute between the Lees and the HOA centered on a 1997 agreement that purportedly granted the Lees three access points to a private road owned by the HOA. The Lees conceded in the district court that the Agreement alone did not create an enforceable easement. The Lees asserted, however, that an easement existed based on the doctrine of part performance or that an enforceable encumbrance existed through the doctrine of equitable servitudes. The district court determined that neither the doctrine of part performance nor the doctrine of equitable servitudes were applicable to this case and granted the HOA’s motion for summary judgment. Finding no error in the district court judgment, the Idaho Supreme Court affirmed. View "Lee v. Willow Creek Ranch Est." on Justia Law

Jane Doe (Doe) appealed a magistrate court order in which protective custody of Doe’s three nieces and three nephews was awarded to the Idaho Department of Health and Welfare (Department). Following an adjudicatory hearing, the magistrate court found the children fell within the jurisdiction of the Child Protective Act (CPA) based on neglect, homelessness, and an unstable home environment. Doe stipulated during the hearing that it was in the best interests of the children to vest their custody with the Department. Doe appealed, alleging that the judge erred in concluding the children were neglected and that the Department made reasonable efforts to prevent removal. Doe also contended her right to due process was violated because she was unable to conduct substantive discovery. Based on the reasons set out in this opinion, the Supreme Court concluded there was no justiciable controversy presented. As a result, the Court dismissed Doe’s appeal because the issues raised were moot. View "Idaho v. Jane Doe" on Justia Law

Thomas Lanham appealed the dismissal of his legal malpractice action against his former attorney, Douglas Fleenor. Fleenor represented Thomas in a will contest regarding Thomas’s father. After the magistrate court ruled against Lanham at the summary judgment stage, Fleenor filed an untimely appeal, which was rejected on that basis. Because the appeal brought by Fleenor was untimely, Lanham brought a legal malpractice action against Fleenor in district court, alleging that the failure to timely appeal the magistrate’s ruling proximately caused him financial loss because he had a meritorious appeal that he never got to pursue due to Fleenor’s negligence. The district court dismissed Lanham’s legal malpractice claim, reasoning that a timely appeal by Fleenor would have been unsuccessful on the merits; hence, Lanham did not suffer any injury as a result of Fleenor’s alleged malpractice. Lanham argued on appeal to the Idaho Supreme Court that the interpretation of the will, in which the deceased attempted to disinherit Lanham, did not properly dispose of all of the estate because it did not contain a residuary clause. Lanham argued these failures should have resulted in various assets passing to him through intestate succession. Finding no reversible error, the Supreme Court affirmed the district court’s dismissal of Lanham’s malpractice case. View "Lanham v. Fleenor" on Justia Law

This appeal arose out of a failed golf course development project known as “The Idaho Club” undertaken by Pend Oreille Bonner Development, LLC (“POBD”). POBD took out several loans to finance the development of The Idaho Club and subsequently defaulted on them, failed to pay mechanics and materialmen for their services, and failed to pay real property taxes. During this litigation, three lending companies, R.E. Loans, LLC, Pensco Trust Co. and Mortgage Fund ’08 assigned and/or sold all of their right, title, and interest in their three loans with POBD to Valiant Idaho, LLC (“Valiant”). The loans were secured by three mortgages that provided parcels of The Idaho Club as collateral. VP, Inc. had an interest in certain lots containing water and sewer infrastructure (the lagoon lots and the well lots) and it held utility easements for the same. VP obtained its interest in The Idaho Club from quitclaim deeds to four parcels and an alleged equitable servitude and prescriptive easements. The Idaho Supreme Court determined VP did not err in granting partial summary judgment against VP as to its liens' priority, nor did it err as to Valiant's third motion for summary judgment or in granting Valiant's temporary restraining order and injunction. The Court determined VP waived its right to challenge a second decree of foreclosure on appeal. The Supreme Court affirmed the district court except as to the issue of discretionary costs, which was vacated and remanded for further proceedings. View "Valiant Idaho v. VP Inc." on Justia Law

The underlying dispute in this case involved a commercial transaction between H2O Environmental, Inc. (H2O) and Farm Supply Distributors, Inc. (Farm Supply). Following a bench trial, H2O was awarded $7,354.64 for Farm Supply’s breach of an express oral contract. The magistrate court subsequently awarded attorney’s fees to H2O pursuant to Idaho Code section 12-120(3), but limited its award to the amount in controversy. H2O appealed to the district court, claiming that the magistrate court abused its discretion. The district court affirmed and awarded attorney’s fees to Farm Supply. H2O timely appealed. The Idaho Supreme Court determined the district court erred when it affirmed the magistrate court’s award of attorney fees: nothing in the record explained the relationship between the magistrate court’s evaluation of the Idaho Rule of Civil Procedure 54(e)(3) factors and its decision regarding the amount to award for attorney’s fees. “It is not enough for a trial court to acknowledge the existence of the Rule 54(e)(3) factors; rather, it must appear that there is a reasoned application of those factors in the trial court’s decision regarding the amount of attorney’s fees to be awarded.” The Supreme Court reversed and remanded for further proceedings. View "H20 Environmental v. Farm Supply" on Justia Law

This case stems from the foreclosure and lien priority case arising out of the failed Idaho Club golf course and residential housing development project. The developer, Pend Oreille Bonner Development, LLC (“POBD”), took out several loans on the real property, agreed to promissory notes, and mortgaged the Idaho Club real property with several lenders, including JV, LLC and, as relevant to this appeal, three other lenders: RE Loans (“REL”), LLC, Pensco Trust Co., and Mortgage Fund ’08 LLC (“MF08”) (collectively, the three “lenders”). JV’s interest in the Idaho Club arose out of a mortgage (the “JV Mortgage”) it recorded against five parcels on the Idaho Club property that JV sold to POBD. POBD ultimately defaulted on its obligations on the promissory notes associated with the mortgages. In addition to defaulting on the notes, POBD failed to pay property taxes to Bonner County for several years and failed to pay various mechanics and materialmen, one of which was Genesis Golf Builders, Inc. (“Genesis”). JV appealed the district court's conclusion that Valiant Idaho, LLC (“Valiant”) held a priority position in the mortgages on the development. JV also appealed the district court’s award of costs against it, as well as a judgment by the district court that awarded sanctions against JV and its attorney. The Idaho Supreme Court affirmed in part and vacated in part, finding JV's redemption deed did not subordinate it to Bonner County's right, title, claim and interested based on a tax deed. The Supreme Court also found the district court abused its discretion in the way that it applied the formula announced in Valiant Idaho, LLC v. North Idaho Resorts, LLC (No. 44583, 2018 WL 4927560) to arrive at its costs award. View "Valiant Idaho v. JV, LLC" on Justia Law