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Madison Real Property, LLC v. Thomason

Court of Appeals of Idaho

August 12, 2013

MADISON REAL PROPERTY, LLC, Plaintiff-Respondent,
v.
MARILYNN THOMASON, Defendant-Appellant, and THE ESTATE OF BYRON THOMASON, deceased; NICHOLAS A. THOMASON and SANDRA K. THOMASON, husband and wife; JAY A. KOHLER, Defendants.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 624

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Madison County. Hon. Gregory W. Moeller, District Judge.

Judgment in partition action, affirmed; order denying motion to reconsider, affirmed.

Marilynn Thomason, Rexburg, pro se appellant.

William R. Forsberg of Forsberg Law Offices, Chtd., Rexburg, for respondent.

GUTIERREZ, Chief Judge

Marilynn Thomason (Thomason)[1] appeals from the district court's final judgment in an action to partition property and the district court's subsequent order denying Thomason's motion to reconsider. Thomason argues the district court erred in the following ways: by denying her motion to dismiss the partition action, which asserted the district court lacked subject matter jurisdiction; by failing to dismiss the case because Madison Real Property, LLC (MRP) lacked standing to sue; by abusing its discretion regarding multiple decisions, alleged in a post-judgment motion to reconsider; and by violating her right to equal protection. For the reasons set forth below, we affirm the district court and award MRP attorneys' fees and costs on appeal.

I. FACTS AND PROCEDURE

This appeal stems from an action brought in 2008 for partition and accounting of a piece of property located in Madison County. A partial summary of the case is aptly provided by the district court as follows:

Madison Real Property, LLC ("MRP") filed a complaint for partition and accounting in April of 2008. The property at issue is a 75 acre parcel of farm ground previously owned in three undivided fee simple interests by Marilynn and Byron Thomason, Nicholas and Sandra Thomason ("Thomasons"), and Greg and Diana Thomason. MRP is the successor in interest to William Forsberg who received his interest in the property by a deed from Greg and Diana Thomason on October 30, 2001. Title was quieted in Forsberg's favor by a final judgment issued by a United States bankruptcy court in October 2006. That decision was upheld by the Bankruptcy Appellate Panel of the Ninth Circuit Court of Appeals in August of 2007.[2]
In July 2008 MRP moved for partial summary judgment, asking the Court to enter judgment on the issue of ownership of the real estate. Said motion was ultimately granted and attorneys' fees were award to MRP. In August 2008 the Thomasons filed an appeal which was conditionally dismissed as untimely (the appeal was finally dismissed in November of 2008). The Thomasons next filed a Motion for Stay of Judgment, New Trial/Hearing, to Amend Findings and Conclusions, Amend Judgment and All Other Authority, which was also denied by the Court and attorney fees were again awarded to MRP. In December of 2008 the Thomasons filed another appeal.
Meanwhile, the Court attempted to keep the case moving forward. On September 8, 2008 the Court appointed referees to submit a proposed partition. They submitted their report on December 2, 2008. MRP made a motion to confirm the report; [the] Thomasons filed objections to the report. The Court held a hearing on April 27, 2009 to determine whether the report should be adopted. Finally, on June 12, 2009 the referees' report settling the partition issues was confirmed by the Court.
Following another appeal to the Idaho Supreme Court, the Supreme Court issued its order conditionally dismissing the Thomasons' second appeal in March 2010. The Thomasons then filed various motions to reconsider (alleging that plaintiff committed "fraud upon the Court"). In July 2010 the Thomasons filed a motion for a certificate to appeal, ...

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