CROSSROADS NEIGHBORHOOD ASSOCIATION, INC., Plaintiff-Respondent,
RICK A. ERICKSON, Defendant-Appellant.
Opinion No. 18S
from the District Court of the Fourth Judicial District,
State of Idaho, Ada County. Hon. Gerald F. Schroeder,
District Judge; Hon. Patricia Young, Magistrate.
of the district court dismissing intermediate appeal,
vacated and case remanded.
A. Erickson, Meridian, pro se appellant.
Fotheringham LLP; Brindee Collins, Boise for respondent.
Erickson appeals from the district court's order of
dismissal of Erickson's intermediate appeal from the
magistrate. Erickson argues the district court erred in
several respects, including denying Erickson thirty-five days
to file his appellant's brief and not settling the
transcripts. Erickson requests attorney fees and costs on
appeal to this Court. Crossroads requests attorney fees and
costs on appeal to this Court and on appeal from the
magistrate. For the reasons explained below, we vacate the
district court's dismissal and remand.
FACTUAL AND PROCEDURAL BACKGROUND
September 2013, Crossroads Neighborhood Association, Inc.
(hereinafter "Crossroads") filed a complaint
against Erickson to enforce compliance with Crossroads'
protective covenants and to address a number of outstanding
violations on Erickson's property. Erickson failed to
respond with an answer to the complaint and instead filed
several motions. Thus, the magistrate entered default
judgment against Erickson in July 2014. Erickson soon after
filed several additional motions with the magistrate,
including a motion to set aside the default judgment.
Erickson also filed an appeal with the district court in
same month, the district court issued an order setting forth
the procedure and timelines for the appeal and requiring
Erickson to order and pay for the cost of the transcripts
within fourteen days of the filing of the notice of appeal.
After Erickson failed to pay the transcript fee, the district
court entered a conditional dismissal, giving Erickson an
additional fourteen days to pay the fee. Erickson paid the
fee, as evidenced by a notice of payment, and the district
court reinstated the appeal. The district court then updated
the briefing schedule in an amended order on October 30,
2014, which provided that Erickson had thirty-five days to
file his appellant's brief after the filing of the
district court determined that Erickson's motion to set
aside the default judgment had not yet been resolved by the
magistrate, and thus the appeal was improperly reinstated.
The district court stayed the appeal, pending a decision on
Erickson's motion, and remanded the case to the
magistrate. The magistrate denied the motion to set aside the
default judgment. The district court reviewed the
magistrate's order and, after determining the appeal had
no valid basis, dismissed the appeal.
filed a petition for rehearing, which the district court
presumably granted.During the hearing
on November 19, 2015, the district court stated,
"I'm dissolving the stay . . . we need to resolve
this quickly, and we can best do that by reinstating the
appeal, having a briefing schedule. . . . Any stays are
dissolved, the appeal is reinstated, and we'll issue an
order setting forth a briefing time." The district court
clarified the issue on appeal was whether the magistrate
appropriately granted the default judgment. The district
court asked Crossroads to prepare an order reinstating the
November 20, 2015, the district court entered another amended
order governing procedure on appeal, requiring Erickson to
file his appellant's brief by December 24, 2015. The
district court noted in that order, "it appear[s] that a
transcript of all the testimony of the original trial or
hearing has been provided by appellant." However, a
review of the record indicates the transcripts were never
produced. Erickson filed a request for the transcripts on
November 24, 2015, but the record does not indicate the
district court resolved this request.
December 21, 2015, the district court issued a written order
lifting the stay and reinstating the appeal. Erickson failed
to file his brief by December 24, 2015, so Crossroads filed a
motion to dismiss the appeal. Notably, Crossroads did not
provide authority to support its motion to dismiss. The
district court subsequently dismissed the appeal with
prejudice on January 8, 2016. Erickson filed a petition for