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Date: 10-28-2024
Case Style:
Eugene Turley and Karen Davis v. Karen Koonce and Scott Parker
Case Number: 51053
Judge: Lynn G. Norton
Court: District Court, Fourth Judicial District, Ada County, Idaho
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Boise, Idaho breach of contract lawyers represented the parties in a real property lease dispute.
Koonce and Parker leased a residence from Eugene Turley and Karleen Davis. The first lease agreement (Lease) was executed on July 11, 2020, for a term of six months beginning July 31, 2020,
through January 31, 2021. Although Parker resided at the residence and was listed in the Lease as a tenant, Parker[1] was not a signatory on the Lease. The Lease was signed only by Koonce and Becky Carson-Eisenman, the "lessor" representing Precision Property Management. Davis was identified in the Lease as the "landlord"; Turley was not identified anywhere in the Lease.
Section 1.12 of the Lease provides, in pertinent part:
By written agreement, Lessee and Lessor may renew this Residential Lease for additional terms, however, absent renewal of the lease at the end of the initial term referenced in this Residential Lease. This agreement shall continue for successive terms of one month and shall be terminable by either Lessor or Lessee upon delivery of a 10-day written notice of termination after the original 6 months has concluded.
Section 1.30 of the Lease provides:
This Residential Lease constitutes the entire agreement between the parties and may not be modified except in writing signed by both parties. Any prior understanding or representation of any kind preceding the date of this lease agreement shall not be binding on either party except to the extent incorporated in this agreement.
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Turley v. Koonce, 51053 (Idaho App. Oct 28, 2024)
Outcome: Koonce and Parker have failed to show the district court erred in granting Turley and Davis's motion for summary judgment or in awarding costs and attorney fees to them as the prevailing parties. Koonce and Parker have also failed to show the district court erred in denying their motion for summary judgment. The district court's judgment is affirmed. Costs and attorney fees are awarded to Turley and Davis.
Plaintiff's Experts:
Defendant's Experts:
Comments: