Miller v. Haller
| Decision Date | 03 September 1996 |
| Docket Number | Docket No. 21842,No. 118,118 |
| Citation | 129 Idaho 345,924 P.2d 607 |
| Parties | J. Bayard MILLER, M.D., Plaintiff-Respondent, v. Frederick R. HALLER, M.D., and Jane Doe Haller, husband and wife; Thomas F. Prenger, M.D., and Jane Doe Prenger, husband and wife; and Silverton Medical Clinic, a general partnership consisting of Frederick R. Haller, M.D., and Thomas F. Prenger, M.D., Partners, Defendants-Appellants. 1996 Opinion Boise, April 1996 Term |
| Court | Idaho Supreme Court |
Ramsden & Lyons, Coeur d'Alene; Huppin Ewing Anderson & Paul, Coeur d'Alene, for appellants. Marc A. Lyons argued.
John H. Sahlin, (argued), Coeur d'Alene; Marvin H. Firestone, Half Moon Bay, California, for respondent.
This appeal arises from the district court's grant of respondent's motion for a new trial pursuant to I.R.C.P. 60(b)(6).
Dr. J. Bayard Miller filed suit against Dr. Frederick Haller and Dr. Thomas Prenger (Haller), his former partners in the Silverton Medical Clinic Partnership, alleging, among other things, that Haller had breached an oral contract with him. This alleged oral contract provided that, if Miller withdrew from the Silverton Partnership, Haller would continue to refer patients for general surgery to Miller in the same pattern as when the physicians were partners. Miller further claimed that, at the time the oral contract was made, Haller had no intention of referring surgery patients to him, as they had agreed, and that Haller's misrepresentations to that effect fraudulently induced Miller to enter into this contract with them. Miller also alleged that, from the time he left the partnership, Haller engaged in conduct that interfered with Miller's business and contractual relations.
At the close of Miller's case at trial, Haller brought a motion for a directed verdict with Miller filed a motion for judgment NOV or, in the alternative, a new trial, raising juror bias as one ground to support the motion. Miller's motion was denied and an amended judgment awarding Haller their costs and attorney fees was filed May 18, 1994. Miller then served a motion for relief from judgment pursuant to I.R.C.P. 60(b) on Haller's counsel September 9, 1994, along with affidavits of certain of the jurors who had served at the trial. The motion itself, however, was not filed until October 28, 1994.
regard to the oral contract, contending that such a contract was illegal and against public policy. The motion was denied by the district court. The jury was instructed, however, that, if they found an agreement to refer patients existed that would conflict with the best interests of the patient, they must find in favor of Haller on the issue of the oral contract. The jury rendered a verdict that a valid oral contract for the referral of patients did not exist between the parties; that Haller did not commit fraud or misrepresentation; and that Haller did not interfere with Miller's prospective economic advantage or his business and contractual relationship. Judgment was entered April 1, 1994.
The district court granted the motion concluding that, based on portions of two juror affidavits, the jury had heard extraneous information that Miller had physically abused a former wife and that this information materially influenced the jury's decision. Haller appeals the district court's order granting Miller's motion for a new trial and, in addition, the district court's interlocutory denial of their motion for a directed verdict.
Haller initially asserts that the district court was without jurisdiction to grant Miller's motion for relief from judgment because the motion, although timely served, was not filed within the required time frame. A motion for relief from judgment pursuant to Rule 60(b)(6) "shall be made within a reasonable time, and ... not more than six (6) months after the judgment, order, or proceeding was entered or taken." I.R.C.P. 60(b) (emphasis added). Although the time when some actions must be taken can often be enlarged by the district court sua sponte, the time requirement set forth in Rule 60(b) is jurisdictional and may not be extended "except to the extent and under the conditions stated" in the Rule itself. I.R.C.P. 6(b).
Rule 60(b) explicitly provides that a motion must be "made" within six months of the entry of judgment but does not set forth how a motion is, in fact, "made" in order to satisfy the time requirements of the statute. In this case, Miller's motion was served September 9, 1994, within six months of the entry of judgment, which occurred April 1. Miller failed to file the motion with the court, however, until October 28, 1994. Haller insists that "made" is synonymous with "filed," citing our opinion in Gordon v. Gordon, 118 Idaho 804, 800 P.2d 1018 (1990), where we stated that "[a] party seeking relief from a final judgment under the provisions of I.R.C.P. 60(b) must file a motion within six months after entry of the judgment." Id. at 806, 800 P.2d at 1020. We were not faced in Gordon, however, with the situation presented here in which the motion was served within the applicable time period but filed after the six months had expired. A more reasonable interpretation of the Rule, which still is consistent with our statement in Gordon, is that "made" as used in Rule 60(b) contemplates either filing or service, such that a motion is timely "made" if it either is filed prior to the six month time limit or is served within that time period and then filed "within a reasonable time thereafter." I.R.C.P. 5(d)(1). Miller's motion, thus, was timely "made" because it was served within six months of the entry of judgment and then filed approximately forty-five days later.
An aggrieved party may obtain relief from a final judgment by making a motion to the trial court under I.R.C.P. 60(b). Such a motion should not be used, however, as a substitute for a timely appeal. Johnston v. Pascoe, 100 Idaho 414, 420, 599 P.2d 985, 991 In evaluating whether the trial court has abused its discretion on any issue, an appellate court must determine (1) whether the trial court correctly perceived the issue as one of discretion; (2) whether the trial court acted within the outer boundaries of its discretion and consistent with any applicable legal standards; and (3) whether the trial court reached its decision by an exercise of reason. Sun Valley Shopping Ctr. v. Idaho Power, 119 Idaho 87, 94, 803 P.2d 993, 1000 (1991) (citing State v. Hedger, 115 Idaho 598, 600, 768 P.2d 1331, 1333 (1989)). Absent a manifest abuse of discretion, the trial court's order granting relief from judgment must be upheld. Johnston, 100 Idaho at 420, 599 P.2d at 991.
(1979) (citations omitted). For that reason, although the court is vested with broad discretion in determining whether to grant or deny a Rule 60(b) motion, its discretion is limited and may be granted only on a showing of "unique and compelling circumstances" justifying relief. Matter of Estate of Bagley, 117 Idaho 1091, 1093, 793 P.2d 1263, 1265 (Ct.App.1990) (citing Puphal v. Puphal, 105 Idaho 302, 669 P.2d 191 (1983)).
Haller contends on appeal that Miller's motion for relief from judgment was granted erroneously because Miller failed to demonstrate "unique and compelling circumstances" justifying such extraordinary relief. In its memorandum opinion, the district court concluded that evidence of juror misconduct, if otherwise admissible, could be the basis for relief from judgment under Rule 60(b)(6), even though it was not presented to the court until after the 14-day time limitation imposed by Rule 59. The court then articulated the test it would apply to make that determination as whether "the evidence was unknown to movant and no lack of diligence has been raised or shown in bringing the matters to light." The district court then reviewed the facts and noted that the evidence of juror misconduct was revealed well after a Rule 59 motion could have been brought and that Miller's counsel acted diligently in making the Rule 60(b) motion based on the alleged misconduct. Based on this analysis, the court proceeded to determine the admissibility of the affidavits of juror misconduct. The district court did not apply the "unique and compelling" standard in determining whether the circumstances justified considering the Rule 60(b) motion. Failure to apply the correct legal standard in evaluating Miller's motion amounts to a clear abuse of the district court's discretion. See Sun Valley Shopping Ctr., 119 Idaho at 94, 803 P.2d at 1000. We, thus, are compelled to remand this case to allow the district court to determine whether unique and compelling circumstances exist to warrant the district court's consideration of Miller's motion.
In its consideration of Miller's Rule 60(b) motion, the district court ruled that portions of two juror affidavits presented by Miller to support his motion were admissible. Idaho Rule of Evidence 606 provides, in pertinent part:
(b) Inquiry to validity of verdict or indictment. Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon the juror's or any other juror's mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror's mental processes in connection therewith, nor may a juror's affidavit or evidence of any statement by the juror concerning a matter about which the juror would be precluded from testifying be received for these purposes, but a juror may testify on the questions whether extraneous prejudicial information was improperly brought to the jury's attention or whether any outside influence was improperly brought to bear upon any juror...
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State v. Payne
...However, we also "expect jurors to bring with them to jury service their background, knowledge and experience." Miller v. Haller, 129 Idaho 345, 350, 924 P.2d 607, 612 (1996); see also ICJI 104. Such information is not considered extraneous information. Miller, 129 Idaho at 350, 924 P.2d at......
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State v. Moore
...testimony violated the husband-wife privilege of I.R.E. 504. On review, rules of evidence are treated like statutes. Miller v. Haller, 129 Idaho 345, 924 P.2d 607 (1996). Therefore, the interpretation of a rule of evidence, like the interpretation of a statute, is reviewed de novo. Hanks v.......
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Taylor v. Aia Servs. Corp.
...that a mere technical violation of a statute does not render a contract void unless the statute so provides, citing Miller v. Haller, 129 Idaho 345, 924 P.2d 607 (1996). At issue in Miller was the legality of an oral contract which provided that if Miller voluntarily left the Silverton Part......
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State v. Payne, Docket No. 28589 (Idaho 6/18/2008)
...However, we also "expect jurors to bring with them to jury service their background, knowledge and experience." Miller v. Haller, 129 Idaho 345, 350, 924 P.2d 607, 612 (1996); see also ICJI 104. Such information is not considered extraneous information. Miller, 129 Idaho at 350, 924 P.2d at......