CHILD SUPPORT: No jurisdiction to review issues from 2022 decree except 2025 contempt order for failure to pay support which is affirmed… Souza affirmed (memorandum). [Read more…]
Marital, property, sanctions for non-disclosure
MARITAL: Property properly valued and distributed including valuing Idaho home based on sale price as sanction for not disclosing it… Whelan affirmed (memorandum). [Read more…]
Title insurance, counterclaims against insureds
TITLE INSURANCE: Insurer properly held not obligated to defend insured against counterclaims… Owen affirmed. [Read more…]
Protected person, elder abuse entity appointments
PROTECTED PERSON: Elder abuse entity properly appointed temporary conservator of 80-year-old with dementia and temporary co-guardian with feuding sisters… Dayton affirmed. [Read more…]
Furnace fire, cause-in-fact, home destruction
FURNACE FIRE: Fact issues preclude summary judgment that furnace servicer was not cause-in-fact of fire that destroyed home… denial of motion to exclude Plaintiff’s experts because one was Zoom-averse not abuse of discretion… Berger reversed, affirmed. [Read more…]
Easement confrontations, landlocked parcel on ranch
EASEMENT: Confrontation claims involving easement to 5 acres landlocked within 500-acre ranch rejected on summary judgment… Berger. [Read more…]
Racial/sexual/national origin discrimination, student
RACE/SEX/NATIONAL ORIGIN DISCRIMINATION claims by parents of bullied high school student dismissed for failure to exhaust administrative remedies… Christensen. [Read more…]
Attorney discipline, stay pending criminal case
ATTORNEY DISCIPLINE: Proceedings against Meghan Doud for alleged trust accounts and client charges improprieties stayed pending criminal case in which she intends to plead the 5th… Doud is suspended during the interim… COP order. [Read more…]
Judge substitution, within 30 days of service/appearance
JUDGE SUBSTITUTION: A plaintiff must file a substitution motion within 30 days of service of the summons or of an adverse party’s appearance, whichever is first… motion filed more than 30 days after service was void and Whelan improperly transferred case to Krueger… because Krueger never had jurisdiction, his denial of Plaintiff’s motion to change venue is vacated. [Read more…]
Insurance, access feud not “accident”/”occurrence”
INSURANCE: No coverage or duty to defend correctly found because insureds’ conduct in access dispute did not constitute “accident” or “occurrence”… duty to indemnify improperly found not ripe… insureds properly denied more time for discovery… McMahon affirmed, reversed. [Read more…]