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...
HORTON , Justice . Charles and Donna Nickerson appeal from the grant of summary judgment in favor of PHH Mortgage and J.P. Morgan Chase Bank. The suit involved an action for judicial foreclosure of a loan by PHH Mortgage against the Nickersons, and third-party claims against J.P. Morgan Chase by the Nickersons. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND In October of 2002, Charles and Donna Nickerson (the Nickersons) purchased approximately 50 acres of land in Clearwater County,...
J. JONES , Chief Justice . Appellant, Linda Kesting ("Linda"), obtained a judgment against Respondent, James Kesting ("James"), for breach of an alimony/spousal support agreement entered into during their divorce. When that judgment was returned without recovery, the magistrate judge issued a Judgment of Qualified Domestic Relations Order ("QDRO"). The subsequent judgment was intended to allow recovery of the unpaid spousal support and associated attorney fees from James' pension plan....
J. JONES , Chief Justice . This is a declaratory relief action related to planning and zoning in Canyon County. Appellant Coalition for Agriculture's Future ("the Coalition") sued respondents Canyon County and the Canyon County Board of Commissioners (collectively "Canyon County") under the Uniform Declaratory Judgment Act. The Coalition sought to invalidate Canyon County's 2011 comprehensive plan and amendments thereto for noncompliance with Idaho's Local Land Use Planning Act (LLUPA)....
SUBSTITUTE OPINION. THE COURT'S PRIOR OPINION DATED MAY 21, 2015 IS HEREBY WITHDRAWN. EISMANN , Justice . This is an appeal from a judgment dismissing the plaintiff's claims seeking to recover damages resulting from being bitten by a police dog when she was mistaken for a burglar. We affirm the judgment of the district court. I. Factual Background. On Sunday, December 26, 2010, at about 5:22 p.m., a citizen made a 911 telephone call to report a breaking and entering at a dental office...
W. JONES , Justice . I. NATURE OF THE CASE Appellant, Bradley K. Morgan ("Morgan"), appeals from a declaratory judgment determining where to measure the sixteen-foot width of an easement held by Respondent, New Sweden Irrigation District ("New Sweden"), which borders an irrigation canal (the "Sinkhole Irrigation Canal") that runs the length of a piece of Morgan's property (the "Morgan Property"). On appeal, Morgan does not dispute the existence of New Sweden's easement, but rather argues...
BURDICK , Justice . Thomas L. Strong (Strong) and Brian K. Hawk (Hawk) (collectively Appellants) appeal the Bonneville County district court's order granting dismissal of their case pursuant to Idaho Rules of Civil Procedure 41(b) for failure to prosecute a claim and 40(c) for unjustified inaction for over six months. We affirm in part and reverse in part. I. FACTUAL AND PROCEDURAL BACKGROUND On June 25, 2004, both Appellants underwent individual surgical procedures to implant neuron...
BURDICK , Justice . This appeal arose from a medical malpractice suit, where Charles and Janice Lepper (the Leppers) alleged the negligence of Eastern Idaho Health Service, Inc. d/b/a Eastern Idaho Regional Medical Center (EIRMC) and Dr. Stephen R. Marano, (Dr. Marano) rendered Charles Lepper a paraplegic. The Leppers appeal the Bonneville County district court's grant of summary judgment in favor of EIRMC and Dr. Marano (collectively, Respondents). The Leppers argue the district court...
SUBSTITUTE OPINION. THE COURT'S PRIOR OPINION DATED DECEMBER 15, 2015, IS HEREBY WITHDRAWN. J. JONES , Chief Justice . Jeff Huber brought this action against his former employer, Lightforce USA, Inc. ("LFUSA"), for breach of contract and failure to pay wages. Huber's claims center on two agreements entered into during his employment with LFUSA: a Company Share Offer ("CSO"), and a Deed of Non-Disclosure, Non-Competition and Assignment ("NDA"). Huber claimed that upon his termination LFUSA...
J. JONES , Chief Justice . This case involves a second set of appeals arising from an action challenging the bidding process for the Idaho Education Network ("IEN"). Syringa Networks, LLC, sued Qwest Communications, LLC, ENA Services, LLC, and the Idaho Department of Administration ("DOA") and certain DOA employees, alleging injury arising from contract awards and amendments that DOA issued to Qwest and ENA related to the IEN. The district court dismissed all of Syringa's claims. On appeal...
J. JONES , Chief Justice . This is an appeal of a modification to a child custody order. Foreman and Sweet share custody of Child. Prior to this modification proceeding, Sweet had primary physical custody of Child and Foreman had custodial time on alternating weekends and holidays. Foreman filed a petition to modify the child custody order seeking primary physical custody, which the magistrate court granted following trial. Sweet moved to amend the judgment or for a new trial and also moved...
BURDICK , Justice . This is an appeal from the Clearwater County district court's decision affirming the magistrate court's summary dismissal of the Estate of John Cornell's claims involving the administration of a trust. John and his sister, Toni Johnson, were beneficiaries of their parents' trust. When the time came to distribute the assets, Johnson apparently refused, which led John to file a petition for the administration of the trust and removal of Johnson as trustee. Shortly after...
J. JONES , Chief Justice . McAdams, LLC sought to hold Peter Cintorino and Tim and Kimberly Resler ("the Reslers") liable on their personal guarantees of a promissory note made by Fawnwood, LLC, in favor of JBM, LLC. The district court granted summary judgment in favor of Cintorino and the Reslers holding that McAdams, LLC was prohibited from filing a collection action in Idaho because its assignor, JBM Company, LLC, was prohibited from filing suit in Idaho under either Idaho's Assumed...
