Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Crossroads Neighborhood Association, Inc. v. Erickson

Court of Appeals of Idaho

June 27, 2017

CROSSROADS NEIGHBORHOOD ASSOCIATION, INC., Plaintiff-Respondent,
v.
RICK A. ERICKSON, Defendant-Appellant.

         2017 Opinion No. 18-S2

          SUBSTITUTE OPINION THE COURT'S PRIOR OPINION DATED APRIL 13, 2017, IS HEREBY WITHDRAWN

         Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Gerald F. Schroeder, District Judge; Hon. Patricia Young, Magistrate.

         Order of the district court dismissing intermediate appeal, vacated and case remanded.

          Rick A. Erickson, Meridian, pro se appellant.

          Vial Fotheringham LLP; Brindee Collins, Boise for respondent.

          GUTIERREZ, Judge.

         Rick A. 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.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         In August 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 alleged violations on Erickson's property. Erickson failed to respond with an answer to the complaint and instead filed several motions, including some presented as "Special Appearance." Ultimately, 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 September 2014.

         That 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 order dismissing appeal, giving Erickson an additional fourteen days to pay the fee. Erickson paid the fee on October 9, as evidenced by a notice of payment filed October 9, but the district court, apparently unaware the fee had been paid, dismissed the appeal on October 15. After Erickson filed a motion on October 24 to vacate the dismissal, the district court corrected its error and reinstated the appeal on October 30, 2014. 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 transcripts.

         The district court determined that Erickson's motion to set aside the default judgment had not yet been resolved by the magistrate. Accordingly, the district court stayed the appeal, pending a decision on Erickson's motion, and remanded the case. The magistrate denied the motion to set aside the default judgment. The district court thereafter dismissed the appeal based on the magistrate's ruling.

         Erickson filed a petition for rehearing, which the district court 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 appeal.

         On 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.