BRODY , Justice . This is a case about whether and to what extent an uphill landowner can send irrigation wastewater across a downhill landowner's property. This case began when Lemhi County filed suit against the owners of both ranches seeking to relieve flooding along one of its roads. Phillip Moulton owns and operates a ranch that is on higher ground than the adjacent ranch that Verdell Olson operates. Surface and irrigation water that begins on Moulton's ranch makes its way to the Lemhi...
HORTON , J. Gregory Hull appeals the decision of the district court concerning the allocation of development costs that he was required to share with Richard Giesler and Idaho Trust Deeds, LLC. This is the second appeal arising from a series of oral and written agreements between these parties to exchange and subdivide property. See Hull v. Giesler, 156 Idaho 765 , 331 P.3d 507 (2014). As part of his challenge to the district court's apportionment of development costs, Hull claims...
BRODY , Justice This is a Fourth Amendment suppression case stemming from a search of a probationer's residence while additional visitors were present. The probation officers temporarily detained the visitors while conducting an initial search of the home to secure the remaining occupant. During this initial search, the searching officer observed drug paraphernalia in the garage, and the probation officers further detained the visitors until an investigative officer arrived. The...
BRODY , Justice . This is a quiet title action. A landowner brought suit against a lender to extinguish a deed of trust that was recorded against the landowner's property. The landowner claimed that the lender's time to foreclose the deed of trust had expired. The district court denied a motion to enter default judgment in favor of the landowner, finding, among other things, that the statute of limitations to foreclose the deed of trust had not run. The district court entered a judgment...
BURDICK , Chief Justice . Gilberto Garza, Jr., appeals the Ada County district court's order dismissing his petitions for post-conviction relief. Garza signed two plea agreements relating to charges of aggravated assault and possession of a controlled substance with intent to distribute. As part of his plea agreements Garza waived his right to appeal. Despite the waivers, Garza instructed his attorney to appeal. Garza's attorney declined to file the appeals, citing the waivers of appeal in...
HORTON , J. Kenneth and Donna Johnson appeal the judgment of the district court in Benewah County recognizing a tribal judgment from the Coeur d'Alene Tribal Court (Tribal Court). The Johnsons own land within the Coeur d'Alene Reservation (Reservation) on the banks of the St. Joe River and have a dock and pilings on the river. The Coeur d'Alene Tribe (Tribe) initiated an action in Tribal Court to enforce a tribal statute which requires a permit for docks on the St. Joe River within the...
BRODY , Justice . Claimant appeals the decision of the Idaho Industrial Commission that found him ineligible for unemployment benefits based upon a willful underreporting of earnings to the Idaho Department of Labor. I. FACTUAL AND PROCEDURAL BACKGROUND Jimmy Christy filed an application for unemployment benefits in December 2014. Christy visited the Idaho Department of Labor ("IDOL") for assistance with the website application. Christy was shown an informational PowerPoint slideshow to...
EISMANN , Justice . This is an appeal out of Kootenai County from a judgment dismissing the Plaintiffs' claims, including that the statute of limitations under Idaho Code section 5-214A barred any foreclosure proceedings by the Defendants, and granting a counterclaim for judicial foreclosure of a deed of trust. We affirm the judgment of the district court. I. Factual Background. Melissa K. Kempton-Baughman borrowed $1,192,000 from Chevy Chase Bank, F.S.B., to refinance real property...
EISMANN , Justice . This is an appeal out of Canyon County from a judgment dismissing claims against the person who sold a steer for slaughter that was later contaminated with E. coli bacteria by the slaughterer and against the persons to whom the slaughterer delivered the carcass for processing into packages of meat. We affirm the judgment of the district court. I. Factual Background. Patty Anderson agreed to sell a 4-H steer for her eighteen-year-old granddaughter Danielle Bryant, who...
EISMANN , Justice . This is an appeal out of Ada County from a judgment in an action brought by American Semiconductor, Inc., to recover damages arising out of Zilog, Inc., contracting with Sage Silicon Solutions, LLC, to perform engineering services for it, where that entity was formed by, and the services were provided by, employees of American Semiconductor, Inc. American Semiconductor, Inc., obtained a jury verdict awarding damages against the engineers and the entity they had formed,...
BURDICK , Chief Justice . Eric and Kathryn Bowen (Bowens) purchased property located at 615 E. Chicago Street, Caldwell, Idaho, through a tax deed sale conducted by the Caldwell Irrigation Lateral District (CILD). G. Lance Salladay brought suit arguing that the sale was void because the property was part of the Estate of Roger Troutner (the Estate), and Salladay, as personal representative of the Estate, was entitled to notice of the sale and never received such notice. The Canyon County...
HORTON , Justice . This is an appeal from the district court's order granting summary judgment and dismissing Geralyn Gallagher's (Gallagher) lawsuit against the Best Western Cottontree Inn (the Hotel) and Snake River Peterson Properties LLC (Snake River). The district court held that the amended complaint did not relate back to the date of the original filing and that the statute of limitations was not tolled by Snake River's failure to file a certificate of assumed business name. We...
BURDICK , Justice . I. NATURE OF THE CASE Joseph Jerry Maravilla and J.R. Simplot Company both appeal the Industrial Commission's (Commission) August 11, 2015 Order on Petition for Declaratory Ruling. Maravilla was injured in an industrial accident while working for Simplot, and Simplot paid Maravilla's worker's compensation benefits for that injury. In a separate action, Maravilla brought suit against Idaho Industrial Contractors, Inc. (IIC), the contractor performing repairs on the area...
I. NATURE OF THE CASE W. JONES , Justice . This case arises out of an allegedly improper reconveyance (the "Reconveyance") of a junior deed of trust (the "EEF Deed of Trust") held by Appellant, Eagle Equity Fund, LLC ("EEF"). The Reconveyance, which was executed by Respondent, TitleOne Corporation ("TitleOne"), had the effect of divesting EEF of its security interest in the collateral property (the "Property"). Because EEF was divested of its security interest, it did not receive notice...
BURDICK , Justice . Melanie Slavens, both personally and as administrator of the Estate of James Kenneth Slavens, brings this appeal from the Bonneville County district court. After the death of James Kenneth Slavens (Jim), James Adam Slavens, Alexa Slavens, Tanner Slavens, Twin G Holdings, LLC, and Jim's Estate (Respondents) sought a declaratory judgment as to the parties' rights in Twin G Holdings, LLC (Twin G), which Jim formed before he died. The district court determined that Melanie...
HORTON , Justice . Scott Shappard, D.O., Genesis Medical Center, P.A., and St. Alphonsus Regional Medical Center (collectively "Providers") appeal from an $847,974.46 judgment entered against them after a jury trial. Randy and Galyena Hoffer brought this action on behalf of their minor child, J.H. The jury found that Dr. Shappard negligently and recklessly failed to diagnose J.H.'s medical condition. The district court denied Providers' post-trial motions seeking to correct the verdict, a...
EISMANN , Justice . This is an appeal out of Ada County from a judgment in favor of the defense in a medical malpractice case following a jury trial. We affirm the judgment. I. Factual Background. On December 26, 2011, Mitchell Morrison arrived at the emergency department of St. Luke's Regional Medical Center, Ltd. ("St. Luke's"), in Meridian, complaining of chest pains. He was seen by Joachim G. Franklin, M.D. ("Dr. Franklin"), who took a history, conducted a thorough physical...
BURDICK , Justice . Carol and Eric English (the Englishes) appeal the Bonneville County district court's dismissal of the Englishes' medical negligence claims against James Taylor, D.O., and Eastern Idaho Health Services, Inc., d/b/a Eastern Idaho Regional Medical Center (collectively, the Respondents). Carol English sustained stroke injuries after undergoing a medical procedure performed by Respondents. The Englishes subsequently filed a complaint alleging the Respondents were negligent in...
BURDICK , Justice . H. Peter Doble II (Doble) appeals the Twin Falls County District Court's order awarding Interstate Amusements, Inc. (Interstate) attorney fees under Idaho Code section 12-121. The district court ruled that fees were appropriate under section 12-121 because Doble's claims were brought frivolously, unreasonably, and without foundation. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Interstate owned and operated a number of movie theaters throughout Magic Valley. As part...
HORTON , Justice . This is an appeal from the district court's apportionment of attorney fees on remand from Akers v. Mortensen, 156 Idaho 27, 320 P.3d 418 (2014) ( Akers III ). We affirm the district court's apportionment and award of $55,917.21 in attorney fees. I. FACTUAL AND PROCEDURAL BACKGROUND This case relates to a series of cases concerning the scope and location of Marti and Vernon Mortensen's easement across Dennis and Sherrie Akers' property. The dispute has been heard...
