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Geralyn Gallagher v. Best Western Cottontree Inc. and Snake River Petersen Properties, LLC
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 Sn... More... ( 01-19-2017 - ID) |
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State of Idaho v. Christopher Conley Tapp
Motion for post conviction relief. Counsel for Tapp asserted that his confession was the result of coercion and deception on the part of investigating officers. ... More... ( 05-30-2016 - ID) |
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Charles Lytle v. Julie Lytle
Charles Lytle appeals from the district court’s order on intermediate appeal, affirming the magistrate’s denial of his motion for relief from judgment pursuant to Idaho Rule of Civil Procedure 60(b)(4). For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE On October 1, 1991, Charles Lytle filed for divorce from Julie Lytle. During the original divorce proceedings, Cha... More... ( 03-16-2015 - ID) |
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Scott and Meri Bybee v. Patrick D. Gorman, M.D., Fred Meyer Pharmacy, and Fred Meyer Stores, Inc.
This appeal arises from a medical malpractice claim brought by Scott and Meri Bybee against Dr. Patrick Gorman. The district court granted Dr. Gorman’s motion for summary judgment after concluding that the Bybees’ medical expert had failed to show adequate familiarity with the applicable standard of health care practice in the relevant community as required by Idaho Code sections 6-1012 and 6-... More... ( 09-19-2014 - ID) |
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Christopher Conley Tapp v. State of Idaho
This Court summarized the facts of this case in State v. Tapp, 136 Idaho 354, 33 P.3d 828 (Ct. App. 2001) as follows: Early in the morning of June 13, 1996, Angie Dodge was raped and stabbed to death in her apartment in Idaho Falls. On January 7, 1997, twenty-year-old Christopher Tapp voluntarily submitted to police questioning about this crime at the Law Enforcement Building (LE... More... ( 08-22-2014 - ID) |
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Medical Recovery Services, LLC v. Bonneville Billing and Collections, Inc.
This is an appeal from the district court sitting in its appellate capacity and comes before this Court on review from the Idaho Court of Appeals. We reverse the decision of the district court and remand with instructions. I. FACTUAL AND PROCEDURAL BACKGROUND This is a dispute between two collections agencies, Medical Recovery Services, LLC (MRS) and Bonneville Billing and Collections, Inc... More... ( 08-21-2014 - ID) |
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Agrisource, Inc. v. Robert Johnson
Robert Johnson (“Johnson”) appeals the district court’s grant of summary judgment in favor of Agrisource, Inc. (“Agrisource”) on Agrisource’s breach of contract claim. The 2 Bonneville County district court held that there was no genuine disputed issue of material fact as to Johnson’s lack of disclosure of his agency and alleged principal. Johnson argues on appeal that Agriso... More... ( 08-18-2014 - ID) |
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April Berguesse, Inc. v. Kenneth Rammell
This appeal arises from a fraud, breach of contract, and breach of warranty action brought by April Beguesse, Inc. (ABI) against Kenneth Rammell (Rammell), the estate of Christa Beguesse (Christa), and Christa Beguesse, Inc. (CBI) (collectively Defendants) and a breach of contract counterclaim brought by CBI against ABI. The parties went to trial and the jury returned 2 a verdict in favor ... More... ( 06-18-2014 - ID) |
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Daniel Douglas Mahnami v. Tiffany Ann Mahnami
Daniel Douglas Mahnami (Father) and Tiffany Ann Mahnami (Mother) are the parents of Ashley Mahnami (Daughter), who was born in 2004. In the magistrate court, Father asked the judge to resolve four disputes where Mother and Father had reached a stalemate. The magistrate resolved the disputes by granting Mother the unilateral and sole authority to make final decisions regarding Daughter’s “healt... More... ( 05-13-2014 - ID) |
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Daniel Douglas Mahnami v. Tiffany Ann Mahnami
Daniel Douglas Mahnami (Father) and Tiffany Ann Mahnami (Mother) are the parents of Ashley Mahnami (Daughter), who was born in 2004. In the magistrate court, Father asked the judge to resolve four disputes where Mother and Father had reached a stalemate. The magistrate resolved the disputes by granting Mother the unilateral and sole authority to make final decisions regarding Daughter’s “healt... More... ( 05-13-2014 - ID) |
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Marvin F. Morgan v. Michael Alexander Demos, M.D.
Appellant Marvin F. Morgan appeals the dismissal of his wrongful death action under I.R.C.P. 40(c), as well as an order imposing sanctions against him and his former attorney pursuant to I.R.C.P. 37(a)(4). We affirm the judgment dismissing the case without prejudice but vacate the order granting sanctions. I. FACTUAL AND PROCEDURAL BACKGROUND Marvin F. Morgan, acting through his former... More... ( 03-19-2014 - ID) |
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Bradley K. Morgan v. New Sweden Irrigation District
This case arose after New Sweden Irrigation District ("New Sweden") mowed the canal banks on Bradley Morgan's property. Morgan claimed New Sweden negligently damaged his property. New Sweden counterclaimed for a declaratory judgment as to its easement's existence and scope, and then moved for summary judgment. The Bonneville County district court granted partial summa"ry judgment, ... More... ( 03-13-2014 - ID) |
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Melaleuca, Inc. v. Rick Foeller
In 1999, Rick and Natalie Foeller apparently1 entered into an agreement with Melaleuca of Canada, Inc., under which the Foellers were to act as independent marketing executives in exchange for monthly commission payments. In 2008, the Foellers breached this agreement but Melaleuca continued to pay them commissions because it was unaware of the breach. Upon learning of the breach, Melaleuca sued to... More... ( 02-07-2014 - ID) |
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Joey Jay Atwood v. State of Idaho, Transportation Department
Joey Jay Atwood appeals from the district court’s decision, upon judicial review, affirming the Idaho Transportation Department’s order suspending Atwood’s driver’s license. We affirm.I.FACTUAL AND PROCEDURAL BACKGROUNDOfficer Lenda and Corporal Cox investigated a single-vehicle accident involving Atwood. Upon arrival, Officer Lenda smelled the odor of an alcoholic ... More... ( 01-24-2014 - ID) |
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V. Leo Campbell v. James C. Kvamme
Leo and Kathleen Campbell (the Campbells), appeal the district court’s denial of their motion for reconsideration of the district court’s grant of summary judgment to James and Debra Kvamme (the Kvammes). The Campbells and the Kvammes own adjoining land and dispute whether a fence between their respective properties constitutes the true boundary of their land. The district court found that a l... More... ( 12-31-2013 - ID) |
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Christopher Conley Tapp v. State of Idaho
In his second appeal in this post-conviction case, Christopher Conley Tapp challenges the district court's summary dismissal of his claim that his defense counsel provided ineffective assistance by failing to present evidence of his diminished mental capacity in support of his trial motion to suppress his confession as involuntary. Tapp contends that because this Court, in his prior post-convictio... More... ( 11-21-2013 - ID) |
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Medical Recovery Services, LLC v. Bonneville Billing and Collections, Inc.
Bonneville Billing and Collections, Inc. (BBC) appeals from the district court’s order, on intermediate appeal, vacating the magistrate’s award of summary judgment in BBC’s favor. For the reasons set forth below, we reverse and reinstate the judgment of the magistrate.I.FACTS AND PROCEDUREBBC is a collection agency which had outstanding accounts for a debtor. Medical ... More... ( 01-18-2013 - ID) |
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Christina Brooksby v. GEICO General Insurance Company
Christina Brooksby (“Brooksby”) demanded payment from GEICO General Insurance Company (“GEICO”), the liability insurer of her father, Craig Brooksby (“Father”), alleging that Father negligently injured her by crashing the car in which she was riding. After GEICO refused Brooksby’s demand pursuant to an exclusion in its insurance policy with Father, Brooksby sued GEICO for a declarato... More... ( 09-17-2012 - ID) |
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F. Kim Bailey v. Kerry Bailey
This appeal arises out of a dispute regarding the requirements for determining whether a claimed amount of attorney fees is reasonable. After extended litigation to settle his parents’ estate, Kim Bailey (Bailey), the estate’s personal representative, asked the magistrate court for an award of attorney fees from estate funds, pursuant to Idaho Code § 15-3-720. The magistrate court found that ... More... ( 08-09-2012 - ID) |
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Tanner Mickelsen v. Broadway Ford, Inc.
This case comes before this Court from the district court’s grant of summary judgment against Tanner Mickelsen (Mickelsen) and for Broadway Ford, Inc. (Broadway Ford). Mickelsen, who had leased a truck from Broadway Ford, brought a complaint alleging fraud in the inducement and asking for rescission based on that fraud or, alternatively, on mutual mistake. The district court granted summary judg... More... ( 06-15-2012 - ID) |
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Idaho Development LLC v. Teton View Golf Estates, LLC
Idaho Development, LLC (“Idaho Development”) advanced $1,100,000.00 to Teton View Golf Estates, LLC (“Teton View”), a joint venture made up of Idaho Development as a 33.3% owner and Rothchild Properties, LLC as a 66.7% owner. Teton View granted Idaho Development a promissory note secured by a deed of trust that specified a set monthly payment and stated that the entire amount was to be pai... More... ( 12-12-2011 - ID) |
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Leann Craig v. Steven John Gellings, et al.
Craig, an unmarried woman, brought a personal injury action against Steven John Gellings, Deverl Wattenbarger, Bart Wattenbarger, Carol Wattenbarger, and Wattenbarger Farms (“Respondents”) for damages arising out of an automobile accident. Before the action was concluded, Craig died from causes unrelated to the accident. The personal representative of Craig’s estate thereupon moved to be sub... More... ( 11-04-2009 - ID) |
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Doug Crump v. Ted Bromley dba Rhino Lining
Appellants Doug and Amy Crump (the Crumps) appeal from the district court’s decision affirming the magistrate court’s award of attorney fees and costs to Ted Bromley (Bromley), d/b/a Rhino Lining, as the prevailing party. The Crumps argue that both courts erred in determining prevailing party status. We affirm.I. FACTUAL AND PROCEDURAL BACKGROUNDThe Crumps retained the services... More... ( 10-26-2009 - ID) |
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Christianne Vreeken v. Lockwood Engineering, B.V., et al.
This action involves a dispute over the parties‟ respective rights upon termination of a joint venture. Appellants Jan Vreeken (Vreeken); Gergbroeders Meijer Belegging, B.V., a Netherlands corporation (Gergbroeders); Lockwood Engineering, B.V., a Netherlands corporation (Lockwood); and Third-Party Appellants Lockwood Packaging Corporation (LP) and Lockwood Packaging Corporation Idaho (LPI) file ... More... ( 10-21-2009 - ID) |
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Jerry Christian v. David Mason
This is an appeal from the dismissal of Jerry and Joy Christians‘ action to set aside an allegedly fraudulent transfer. The district court dismissed the action, finding that the Christians‘ lacked standing because their claim was preempted by federal bankruptcy law. We vacate and remand.I.Factual and Procedural SummaryJerry and Joy Christian were victims of a Ponzi sche... More... ( 10-20-2009 - ID) |