Nampa Education Ass’n v. Nampa School District. No. 131, 2015 Opinion No. 22 (Feb. 26, 2015), is yet another recent case involving a request for attorney fees under Idaho Code § 12-117. There the Idaho Supreme Court refused to consider the request because the Nampa Education Association, the prevailing party on appeal, failed to
Idaho Appellate Practice
The Stoel Rives’ Idaho Appellate Practice Blog provides regular updates on appellate practice before the Idaho appellate courts. Our goal is to build a resource on the procedures, rules, and practices of handling appeals before the Idaho Supreme Court and Idaho Court of Appeals. We intend to provide updates on new decisions, rule changes, and other matters of interest effecting practice before Idaho’s appellate courts.
The summaries of the cases on the blog are prepared by Christopher Pooser, who practices in Stoel Rives’ Boise, Idaho, office.
Failing to Prepare and Present a Well-Grounded Appeal before the Idaho Supreme Court Could Result in an Award of Attorney Fees On Appeal Under Idaho § 12-121
By Christopher Pooser on
Posted in Idaho Appellate Practice
State of Idaho v. Grathol, 2015 Opinion No. 17 (Feb. 11, 2015) provides guidance to appellate practitioners on when an award of attorney fees on appeal may be allowed under Idaho Code § 12-121. Grathol is an eminent domain case. An issue on appeal was whether the Idaho Transportation Department, as the condemnor, was…
Following Its Order in Cook v. Arias, the Idaho Supreme Court Orders That Any Judgment Entered Before April 15, 2015, That Was Intended To Be Final But Does Not Comply With Idaho Rule Of Civil Procedure 54(A), Shall Be Treated As A Final Judgment
By Christopher Pooser on
Posted in Idaho Appellate Practice
The saga regarding what is a final, appealable judgment under Idaho Rule of Civil Procedure 54(a) continued today. The Idaho Supreme Court entered the following order:
WHEREAS there are a number of judgments that have been previously entered that do not comply with Idaho Rule of Civil Procedure 54( a) or Idaho Rule of Family…
In Cook v. Arias, the Idaho Supreme Court Again Addresses What is a Final, Appealable Judgment Under Idaho Rule of Civil Procedure 54(A)
By Christopher Pooser on
Posted in Idaho Appellate Practice
In Cook v. Arias, Dkt. No. 41745 (Feb. 6, 2015), the Idaho Supreme Court issued an order that continues the Court’s jurisprudence on what constitutes a final judgment under Idaho Rule of Civil Procedure 54(a). Failing to heed the lessons in Cook can result in increased litigation costs and delay the resolution of cases on appeal and on remand. Cook involved an appeal from an order in a divorce action modifying child custody but is equally applicable to other civil cases. The Court dismissed the appeal because no final judgment was entered after the divorce trial.
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