It is quite common for a trial court to base a ruling on alternative, independent grounds. It is also quite common for the Idaho Supreme Court to affirm the trial court’s ruling because the appellant fails to challenge one of the alternative grounds. That was the situation in La Bella Vita, LLC v. Shuler et al., 2015 Opinion No. 65 (July 13, 2015). There, the trial court struck supplemental briefing on two independent grounds: first, based on procedure, and second, based on a court order. But on appeal the appellant only challenged the first ground.
Continue Reading If a Trial Court Bases a Ruling on Alternative Grounds, Challenge Each Ground on Appeal

Washington State Supreme Court reverses Division II in part and holds that failure to meet conditions to terminate a foreclosure sale and further appeal the trial court’s ruling constitutes a waiver of the right to challenge the foreclosure sale, but not other post-sale relief in Frizzell v. Murray, No. 87927-3.

Background and Analysis

Despite her relatively low income of $1600 a month, and despite a learning disability and dementia, Tamara Frizzell obtained from lenders a $100,000 loan secured by the $250,000 home she inherited from her late husband.  She had initially sought a $20,000 loan to pay bills, but the lenders, Barbara and Gregory Murray, convinced Frizzell that she could get a better interest rate on a $100,000 loan.  The Murrays explained that they would only loan money for business purposes, so Frizzell’s live-in friend convinced her that the two of them could launch a wheelchair and scooter business with the 40-50 wheelchairs and scooters he had stored on Frizzell’s property.  Without any business background, business plan, or any other indicia that a wheelchair/scooter business would work, Frizzell received the $100,000 loan, minus $12,000 that the Murrays retained for fees. 
Continue Reading State Supreme Court Curtails Post-Foreclosure Sale Invalidation, but Permits Other Relief