Bowles v. Pro Indiviso, Inc.
| Decision Date | 03 February 1999 |
| Docket Number | No. 24243,24243 |
| Parties | Alden Dean BOWLES and Betty Joan Bowles, Plaintiffs-Appellants, v. PRO INDIVISO, INC., an Idaho corp., Kent E. Carlson, Carolee Carlson, Alva Harris and Evelyn Harris, Defendants to certain real property described as follows: Beginning at a point North 591.8 feet from the West quarter corner of Section 9, Township 3 North, Range 39, East of the Boise Meridian, Bonneville County, Idaho; and running thence East 367.8 feet; thence North 163.8 feet; thence West 367.8 feet; thence South 163.8 feet, to the point of beginning, the same being part of the Southwest quarter of the North-west quarter of Section 9, Township 3 North, Range 39, East of the Boise Meridian. Less road right of way. Street address: 12324 N. 75th E., Idaho Falls, Idaho, Defendants-Respondents. Pocatello, October 1998 Term |
| Court | Idaho Supreme Court |
Alden Dean Bowles and Betty J. Bowles, Idaho Falls, appellants pro se.
Alva A. Harris, Shelley, for respondents.
Alden Dean and Betty Joan Bowles (the Bowles), and representatives of Mid-Mile Holding Trust brought an action against Pro Indiviso, Inc., to quiet title to certain real property. The district court granted judgment on the pleadings in favor of Pro Indiviso, and awarded costs, fees, and sanctions against the Bowles. The Bowles appeal.
The Bowles owed money to the United States for taxes not paid in 1990 and 1991. In July 1993, the Bowles purportedly conveyed title to certain real property in Bonneville County to Mid-Mile Holding Trust (Mid-Mile). Later, in March 1994, the Internal Revenue Service (I.R.S.) filed a lien on that real property in order to recover the A tax sale was held in June, 1995 at which the I.R.S. sold the subject property at public auction. Pro Indiviso, an Idaho corporation, purchased the property and received a certificate of sale. After the period for redemption had passed, Pro Indiviso received a deed from the I.R.S. which it then recorded.
money. The lien named Mid-Mile as nominee for the Bowles.
Later, Pro Indiviso filed an action for ejectment which the Bowles opposed. In that separate action, Mid-Mile was not served with the complaint, and so was dismissed from the suit. Partial summary judgment was granted in favor of Pro Indiviso. On appeal to this Court, the decision of the district court was affirmed. Pro Indiviso, Inc., v. Mid Mile Holding Trust, 131 Idaho 741, 963 P.2d 1178 (1998). In pertinent part, this Court held that the Bowles did not have standing to challenge the legitimacy of the tax sale on the basis that the I.R.S. did not follow its own regulations because they could not show individualized harm. Also, this Court held that the Bowles' lack of standing prevented them from challenging the validity of Pro Indiviso's deed.
Subsequently, the Bowles and representatives of Mid-Mile brought this action to quiet title to the subject real property. The Bowles maintain that they do not own, nor have legal title to the property but that they are merely interested parties. The Bowles have pursued this action pro se; likewise, the representatives of the trust were pro se plaintiffs.
As a result of many diverse motions the district court made several determinations. It prohibited Mark Miller, alleged trustee of Mid-Mile, from representing any natural person or entity in Idaho, including Mid-Mile. Additionally, it dismissed Mid-Mile's complaint without prejudice, to refile after the complaint is signed by an attorney licensed to practice law in Idaho courts. The district court also considered Pro Indiviso's summary judgment motion to be a motion for judgment on the pleadings, which it granted, thereby dismissing the Bowles' amended complaint with prejudice. Similarly, it granted the defendants Carlson's and Harris' motion for judgment on the pleadings, thereby dismissing the Bowles' amended complaint with prejudice as to all remaining defendants. It also granted a motion for Rule 11 sanctions against the Bowles and several motions for attorney fees and costs in favor of the defendants. Finally, the court denied the Bowles' motion for reconsideration and modification of the judgments, and awarded additional attorney fees against the Bowles.
In January 1997, Mid-Mile, Eileen Hancock, as trustee for Mid-Mile, and the Bowles filed a complaint seeking to quiet title to the subject property. In June 1997, pursuant to court order, the Bowles filed an amended complaint against Pro Indiviso, the Carlsons, and the Harrises. The Bowles alleged that in July of 1993, by deed recorded in Bonneville County, Mid-Mile Holding Trust became the owner of the subject property in fee simple. However, despite the order of the district court that a copy of the trust agreement be filed with the district court within ten days, the plaintiffs failed to present any admissible evidence to the district court that supported the existence of Mid-Mile Holding Trust as a lawfully created trust in Idaho. The defendants properly filed answers to the Bowles' complaints. The amended complaint stated two causes of action: quiet title, and deprivation of due process of law.
On July 2, 1997, defendant Pro Indiviso filed a motion for summary judgment and sanctions. On July 7, 1997, the other defendants filed a motion for judgment on the pleadings. On July 25, 1997, the Bowles filed a memorandum opposing the motion for summary judgment and motions seeking attorney fees.
After hearing argument on the pending motions, the district court granted the motion for judgment on the pleadings as to all defendants. In its corresponding Memorandum Decision and Order, dated August 14, 1997, the district court awarded attorney fees against the Bowles in the amount of $450.00. Additionally, the court awarded $1800.00 in attorney fees against Mid-Mile Holding Trust, and trustees Mark Miller and Eileen Hancock. Costs were also awarded against On September 2, 1997, the Bowles filed a motion for reconsideration and for modification of the court's August 25, 1997 judgment issued pursuant to its Memorandum Decision and Order of August 14, 1997. At the September 15, 1997 hearing on the pending motions, the Bowles submitted a "verified judicial notice" objecting to the payment of all attorney fees. The district court issued another Memorandum Decision and Order on September 30, 1997, in which it denied the Bowles' motion for reconsideration and modification, and awarded additional attorney fees against the Bowles in the amount of $1,392.00.
all plaintiffs. On August 29, 1997, the individual defendants filed a motion for additional attorney fees and costs.
The Bowles timely appealed to this Court. However, neither the trust nor any of the representatives of the trust appealed any order or judgment of the district court. The Bowles do not appeal any specific judgment or order, but instead appeal "all final judgments, adverse orders, rulings, memoranda or determinations entered" by the district court.
The appellants Bowles presented more than fifteen issues on appeal; yet, the respondent Pro Indiviso maintains that there are no issues on appeal. Due to the number and nature of the issues presented to the Court, they are generally summarized as follows:
1. Whether the district court erred in granting judgment on the pleadings in favor of Pro Indiviso;
2. Whether the district court erred in ordering the Bowles to pay attorney fees, costs, and sanctions; and
3. Whether Pro Indiviso is entitled to attorney fees on appeal.
The standard of review applicable to a summary judgment also applies to a judgment on the pleadings. See Trimble v. Engelking, 130 Idaho 300, 302, 939 P.2d 1379, 1381 (1997). The standard by which this Court reviews a summary judgment is the same as the standard used by the lower court in ruling on a motion for summary judgment. See State v. Rubbermaid Inc., 129 Idaho 353, 355-56, 924 P.2d 615, 617-18 (1996). Upon review, all disputed facts are to be liberally construed in favor of the non-moving party, and all reasonable inferences that can be drawn from the record are to be drawn in favor of the non-moving party. See id. at 356, 924 P.2d at 618. Summary judgment is appropriate if "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." I.R.C.P. 56(c); Harris v. State, Dep't of Health & Welfare, 123 Idaho 295, 297, 847 P.2d 1156, 1158 (1992).
An award of attorney fees pursuant to section 12-121 of the Idaho Code is discretionary and is subject to review and vacation only upon a showing of an abuse of discretion. See Zaleha v. Rosholt, Robertson & Tucker, Chtd., 131 Idaho 254, 257, 953 P.2d 1363, 1366 (1998); Savage Lateral Ditch Water Users Ass'n v. Pulley, 125 Idaho 237, 250, 869 P.2d 554, 567 (1993).
Also, this Court applies the abuse of discretion standard to review issues of costs under I.R.C.P. 54(d)(1). See Vaught v. Dairyland Ins. Co., 98.6 ISCR 196, 197, 131 Idaho 357, 360, 956 P.2d 674, 677; Adams v. Krueger, 124 Idaho 74, 77, 856 P.2d 864, 867 (1993). In addition, in reviewing the award of sanctions pursuant to Rule 11(a)(1) of the Idaho Rules of Civil Procedure, this Court uses an abuse of discretion standard. See Sun Valley Shopping Ctr. v. Idaho Power, 119 Idaho 87, 94, 803 P.2d 993, 1000 (1991).
The district court granted judgment on the pleadings in favor of Pro Indiviso, thereby "An inherent duty of any court is to inquire into the underlying interest at stake in a legal proceeding." Miller v. Martin, 93 Idaho 924, 926, 478 P.2d 874, 876 (19...
To continue reading
Request your trial
-
Taylor v. Aia Servs. Corp.
...certified under Rule 54(b) is limited to the rulings or orders certified by the district court."). See also Bowles v. Pro Indiviso, Inc., 132 Idaho 371, 376, 973 P.2d 142, 147 (1999) (explaining that an order denying summary judgment is not a final order and that an order denying a motion f......
-
Young v. Midwest Family Mut. Ins. Co.
...66, 786 N.E.2d 605 (2003); Mix v. Tumanjan Development Corp., 102 Cal. App.4th 1318, 126 Cal.Rptr.2d 267 (2002); Bowles v. Pro Indiviso, Inc., 132 Idaho 371, 973 P.2d 142 (1999). 18. S.N. ex rel. J.N. v. Pittsford Cent. School, 448 F.3d 601 (2d Cir.2006); Woodside v. School Dist. of Philade......
-
Smith v. Mitton
...to review for an abuse of discretion. See Burns v. Baldwin, 138 Idaho 480, 486, 65 P.3d 502, 508 (2003); Bowles v. Pro Indiviso, Inc., 132 Idaho 371, 374, 973 P.2d 142, 145 (1999); O'Boskey v. First Fed. Sav. & Loan Ass'n of Boise, 112 Idaho 1002, 1008, 739 P.2d 301, 307 (1987). III. ANALYS......
-
Van Valkenburgh v. Citizens for Term Limits
...suit has such a personal stake in the outcome as to assure the court that a justiciable controversy exists. Bowles v. Pro Indiviso, Inc., 132 Idaho 371, 375, 973 P.2d 142, 146 (1999). In other words, it must be shown that the parties to the lawsuit have a tangible and legally protectable in......