Justia Civil Procedure Opinion Summaries

Articles Posted in Idaho Supreme Court - Civil
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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 neglect. Elliott called in to comment. Several callers later, Murdock called in, questioning the veracity of Elliott’s statements, and making various claims about the horse meat market and (referring to Elliott) “Andi’s humane society.” Elliott filed suit, alleging that seven of Murdock’s statements defamed her individually and her foundation, For The Love Of Pets, Inc. The district court granted summary judgment in favor of Murdock. Elliott appealed, limiting her appeal to the statement, “Andi’s humane society puts .02% of the money they hit everybody up [sic] back into the care of animals,” which she alleged defames both her and her foundation. The Supreme Court found no reversible error in the trial court's judgment in favor of Murdock, and affirmed in all respects. View "Elliott v. Murdock" on Justia Law

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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 complaint against the Idaho Department of Health and Welfare (IDHW), alleging IDHW breached binding Medicaid Provider Agreements by failing to adequately reimburse Inclusion for its services. In June 2013, Inclusion amended its complaint with unjust enrichment and quasi-estoppel claims. The district court granted summary judgment for IDHW, concluding no triable issue of fact supported Inclusion’s claims. IDHW then moved for attorney fees under Idaho Code section 12-120(3) and requested $74,925.00 in fees. The district court found that IDHW’s requested award was based on a reasonable amount of hours and a reasonable hourly rate, as determined by the Boise market. As the district court acknowledged, “the hourly rate requested is reasonable and certainly well within the rate in the marketplace in the Fourth District in Ada County, in particular.” Even so, the district court took issue with how IDHW’s requested award was not based on the actual hourly rate billed during litigation. As the district court explained, “[e]xcept where the award of attorney fees is paid to the lawyer, fees awarded to a party should not exceed the amount the client actually paid for the lawyer.” To that end, the district court multiplied 599.4 hours of work by $54.00 per hour1 to award a total of $30,857.11. IDHW moved to reconsider, but the district court upheld the award for $30,857.11. IDHW timely appealed, arguing the district court abused its discretion by basing the award on the amount billed by the Attorney General. The Supreme Court agreed, vacated the judgment and granted IDHW its requested award. View "Inclusion, Inc v. Id. Dept. of Health & Welfare" on Justia Law

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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 description of the subject property. The issues raised on appeal were: (1) whether Idaho Code section 55-606 barred the grantors’ successors in interest from challenging the enforceability of the Quitclaim Deed that the grantors themselves executed; (2) whether the district court erred in striking evidence of the grantors’ intent at the time they executed the deed; (3) whether the district court erred in finding that the Quitclaim Deed did not contain an adequate description of the subject property; (4) whether the district court erred by holding that the grantors were thereafter prevented from transferring the property by an amendment to the trust documents; and (6) whether the district court erred in concluding that the doctrines of ‘reformation,’ ‘interlineation,’ and ‘correction deed’ were not applicable. Finding no reversible error, the Supreme Court affirmed. View "David & Marvel Benton Trust v. McCarty" on Justia Law

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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 Victoria H. Smith and TVSC. In 2013, Victoria’s son, Vernon, filed a complaint against TVSC alleging claims for breach of the lima beans contract. As plaintiff, the complaint named “VICTORIA H. SMITH, by and through her attorney in fact, Vernon K. Smith, by and through his Durable and Irrevocable Power of Attorney.” In 2014, TVSC learned Victoria had died on September 11, 2013—roughly three months before the complaint was filed. TVSC then moved to dismiss the complaint, contending there was no real party in interest. Vernon responded and argued he was the real party in interest because of his durable and irrevocable power of attorney. The district court concluded Vernon’s power of attorney had terminated at Victoria’s death. Further, the district court reasoned that because no personal representative had been appointed through probate, there was no real party in interest. Accordingly, the district court granted TVSC’s motion to dismiss. Vernon appealed. The Supreme Court found, after review of this matter: (1) there was indeed a real party in interest; and (2) the district court erred by assessing attorney fees jointly and severally against Victoria and Vernon. The matter was remanded for further proceedings. View "Smith v. Treasure Valley Seed Co." on Justia Law

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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 “Realtors”). Path’s claims were based on the allegation that Long misrepresented that property Path purchased was zoned for commercial use when it was actually zoned for residential use. After review, the Supreme Court found that the district court erred in dismissing Path's breach of contract claim because Idaho Code section 54-2087 was incorporated into the Buyer Representation Agreement at issue in this case. Further, the Court found the district court erred in dismissing Path's fraud claim because it found issues of fact as to whether Path justifiably relied upon Long's representations. The Court reversed on those two issues, but affirmed as to all others. The case was remanded for further proceedings. View "Path to Health, LLP v. Long" on Justia Law

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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 have the surgery, and he again met with Dr. Allen at his office for a preoperative visit. Dr. Allen performed the surgery at Syringa Surgical Center, LLC (“the Surgical Center”). Three days later, Wainio began having symptoms that caused him to seek emergency medical treatment. Due to insufficient blood flow to his right foot and an infection, his foot became necrotic, requiring amputation of the foot. The Surgical Center moved for summary judgment which was granted, with the trial court finding that at the time of the alleged negligence, Dr. Allen was not acting in the capacity of an agent of the Surgical Center or as a member of its medical staff. Wainio appealed, arguing dismissing the Surgical Center was made in error. But finding none, the Supreme Court affirmed. View "Shatto v. Syringa Surgical Center" on Justia Law

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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 Hospital (“BMH”) in Blackfoot with abdominal pain and was found to have acute cholecystitis. Dr. Hanson performed a laparoscopic cholecystectomy on Mr. Samples. Dr. Birkenhagen was a practicing surgeon at PMC in 2009 when Dr. Hanson performed the laparoscopic cholecystectomy on Mr. Samples. Dr. Birkenhagen was a member of the American College of Surgeons and board certified at the time. At PMC, Dr. Birkenhagen re-opened the surgical site and discovered sepsis. Dr. Birkenhagen removed significant amounts of pus and later operated in order to repair a hole in the colon, which had allowed stool to leak out of the incision at the surgical site. The sepsis had caused Mr. Samples’ respiratory distress. Samples filed suit against BMH and Dr. Hanson for medical malpractice. The district court granted summary judgment after it determined that the Samples failed to establish the necessary foundation under Idaho Code sections 6-1012 and 6-1013 to admit testimony from the Samples’ only medical expert. The Supreme Court reversed and remanded: "This is not a complicated standard of care. It merely calls for basic post-operative care to ensure that the patient does not suffer infection or complications. It is not a standard of care that requires detailed specialization, intricate treatments, expensive equipment, or detailed knowledge of drug interactions. One would hope that any surgeon, regardless of whether operating in the backwoods or a metropolitan hospital, would monitor the patient post-operatively to ensure a decent recovery without infection or complications. That didn’t happen with Mr. Samples, as outlined by Dr. Birkenhagen." View "Samples v. Hanson" on Justia Law

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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. Northern Title then brought an I.R.C.P. 60(b) motion to vacate the judgments for damages and attorney fees that the district court had entered against it before the appeal. Cummings objected, arguing that Northern Title’s Rule 60(b) motion was untimely and without good cause. The district court disagreed and granted Northern Title’s motion. Cummings timely appealed. But finding no reversible error in granting Northern Title's motion, the Supreme Court affirmed. View "Cummings v. No Title Co of Idaho" on Justia Law

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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 of Block 1 of the Glassford Heights Subdivision (“Lot 7”). After purchasing Lot 7, the Kirks found out that Lot 8 of the subdivision had been granted an easement of access across the southeast corner of Lot 7. Wescott owned Lot 8. In 2012, the Kirks brought this action to quiet title, asking the court to terminate the easement encumbering their property. Both parties moved for summary judgment, asking the court to interpret the deed granting the easement. The district court granted partial summary judgment to Wescott, concluding that the easement was created and none of the events that would trigger its termination had occurred. The Kirks then filed two motions to amend the complaint, both of which the district court denied. After a bench trial, the district court dismissed the Kirks’ action for quiet title. Wescott sought an award of attorney fees, which the district court also denied. On appeal, the Kirks challenged the district court’s grant of partial summary judgment to Wescott and the court’s denial of their motions to amend the complaint. Wescott cross-appealed, challenging the district court’s denial of her motion for attorney fees. Wescott also sought an award of attorney fees on appeal. After review, the Supreme Court concluded the district court erred in its interpretation of the easement on summary judgment. The district court judgment in favor of Wescott was reversed and the case remanded to the district court to enter judgment in favor of the Kirks. Costs were awarded to the Kirks on appeal. View "Kirk v. Wescott" on Justia Law

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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 Collection Agency could recover a judgment against defendants and that it would forbear executing on the judgment if the defendants paid $100 per month between the 25th and 30th of each month until the judgment was paid. The court entered a judgment providing that the Collection Agency could recover from the Defendants the sum of $4,973.46. Defendants failed to make any payment on the judgment, and the Collection Agency attempted to execute on the judgment. The Collection Agency sought to execute on defendants’ bank account, but the account had been closed. The Collection Agency then sought a continuing garnishment to obtain Mr. Olsen’s disposable earnings from Petersen, Moss, Hall & Olsen, but that garnishment was returned unsatisfied because “Defendant is a partner in the firm, not an employee.” The Collection Agency also sought to execute on Mr. Olsen’s partnership interest, but the writ was returned unsatisfied because Mr. Olsen’s equity in the partnership was stated to be zero. The Collection Agency then sought to depose Stephen Hall, the partner in the law firm who had signed the responses to the writs of garnishment. The Collection Agency agreed to forgo taking his deposition if Hall would make $250 bi-monthly payments until the judgment was paid in full. Hall made those payments, but the Collection Agency would not accept final payment endorsed "payment in full" because it wanted to seek post-judgment attorney fees. Defendants filed a motion seeking to compel the Collection Agency to record a satisfaction of judgment in every county in which it had recorded the original judgment. The Agency responded by filing for an award of post-judgment fees it incurred trying to collect on its judgment. The Agency's motion was denied, and the Agency estopped from further collection of fees, citing the agreement reached in satisfying the judgment. The district court upheld the magistrate court's judgment. Finding that Hall only agreed to satisfy the judgment, the Supreme Court concluded the district court erred in affirming the magistrate. The case was remanded for further proceedings. View "Medical Recovery Svcs. v. Olsen" on Justia Law