CROSSROADS NEIGHBORHOOD ASSOCIATION, INC., Plaintiff-Respondent,
RICK A. ERICKSON, Defendant-Appellant.
Opinion No. 18-S2
SUBSTITUTE OPINION THE COURT'S PRIOR OPINION DATED APRIL
13, 2017, IS HEREBY WITHDRAWN
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
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
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.
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.
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.
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 ...