Toney v. Coeur D'Alene School Dist. No. 271, 271
| Decision Date | 31 May 1990 |
| Docket Number | No. 18353,No. 271,271,18353 |
| Citation | 117 Idaho 785,792 P.2d 350 |
| Parties | , 60 Ed. Law Rep. 1252 Dr. Warren TONEY, Plaintiff-petitioner, v. COEUR D'ALENE SCHOOL DISTRICT NO. 271; Board of Directors of Coeur D'Alene School District; and Irma Anderl, Gerald Johnson, Allen Miller, Vern Newby, Tim Olson, Members of said Board, Defendants-respondents. |
| Court | Idaho Supreme Court |
Evans, Craven & Lackie, Coeur d'Alene, for plaintiff-petitioner. Jarold P. Cartwright, argued.
Paine, Hamblen, Coffin, Brooke & Miller, and Dodson & Raeon, Coeur d'Alene, for defendants-respondents. Michael B. Hague of Paine, Hamblen, and Charles M. Dodson of Dodson & Raeon, argued.
Before BAKES, C.J., JOHNSON, BOYLE and McDEVITT, JJ., and WINMILL, J. Pro Tem.
Appellant Warren Toney has appealed from an amended order denying the issuance of an alternative writ of mandate issued by the district court on January 9, 1990.
Appellant Toney, on July 29, 1988, entered into a one-year contract with the Coeur d'Alene School District to become principal of Coeur d'Alene High School. Toney had not been previously employed in the Idaho public school system; nevertheless, the contract between Toney and the school district indicates that it was a "renewable" contract, as the term "non-renewable" had been crossed out.
Near the end of the first school year Toney was given a letter from the superintendent of the school district indicating two areas of concern about his skills as an administrator and principal. He subsequently received another letter from an assistant superintendent citing two areas of commendation. Shortly thereafter, he received an official notice of non-reemployment for a second school year from the clerk of the Board of Trustees.
On July 18, 1989, Toney filed a complaint setting out several causes of action for damages, and one cause of action requesting equitable relief in the form of a writ of mandate compelling the district to reinstate him in his prior position.
On July 31, 1989, plaintiff Toney lodged with the court a memorandum in support of alternative writ of mandate. Attached to the memorandum was a proposed amended complaint which re-incorporated the allegations of the original complaint and made additional allegations for equitable relief, concluding with a prayer "that there issue against the board and the board members an alternative writ of mandate to be served on the defendants ... compelling the board and the board members to reinstate plaintiff in his employment by the district, because of the failure of the board to comply with Idaho law."
Although neither party noticed up a hearing on plaintiff's memorandum and proposed amended complaint, the district court, apparently acting sua sponte, on September 5, 1989, issued an Order Denying Issuance of Alternative Writ of Mandate, in which the district court ordered "that the plaintiff's petition as amended, for the issuance of an alternative writ of mandate is hereby denied."
On October 17, 1989, plaintiff Toney filed a notice of appeal to this Court. The notice of appeal, in the form required by I.A.R. 17, asserted that the plaintiff had a right to appeal under I.A.R. 11(a)(1). Apparently, it soon became apparent to the appellant that the order denying the issuance of the alternative writ of mandate was not a final judgment appealable under I.A.R. 11(a)(1). Thereafter, appellant Toney submitted to the district court a second order entitled "Order Denying Issuance of Alternative Writ of Mandate" which had attached thereto an I.R.C.P. 54(b) certificate. That order again "decreed that the...
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Rife v. Long
...against the State. Cf. Thorn Creek Cattle Ass'n Inc. v. Bonz, 122 Idaho 42, 830 P.2d 1180 (1992); Toney v. Coeur D'Alene School Dist. No. 271, 117 Idaho 785, 792 P.2d 350 (1990); Glacier Gen. Assurance Co. v. Hisaw, 103 Idaho 605, 651 P.2d 539 (1982). This rule may not be invoked to permit ......
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American & Foreign Ins. Co. v. Reichert
...to Rule 54(b), if the order resolves one or more of the claims between some or all of the parties. Toney v. Coeur D'Alene Sch. Dist. No. 271, 117 Idaho 785, 786, 792 P.2d 350, 351 (1990). It is error for a trial court to certify any interlocutory order as final under Rule 54(b) if it does n......
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Frost v. Gilbert (In re in Real Prop. in Gem Cnty.)
...order granting partial judgment must finally resolve one or more of the claims between the parties. Toney v. Coeur d'Alene School Dist. No. 271 , 117 Idaho 785, 786, 792 P.2d 350, 351 (1990). If it does not, it is error for a trial court to certify any interlocutory order as final under I.R......
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US v. City of Challis, 24560.
...error. Thorn Creek Cattle Ass'n, Inc., v. Bonz, 122 Idaho 42, 45, 830 P.2d 1180, 1183 (1992) (citing Toney v. Coeur d'Alene Sch. Dist. No. 271, 117 Idaho 785, 786, 792 P.2d 350, 351 (1990)). Initially, we note that in presenting the factual and procedural background to this case, we determi......