Allen F. Grazer v. Gordon A. Jones
294 P.3d 184
Idaho2013Background
- Grazer sued by Jones for charges; Jones counterclaimed in Utah for construction defects; Grazer records Utah judgment in Idaho creating a lien in Franklin County; Grazer later seeks relief in Idaho based on foreign judgment and lien timing; lien expired after five years and Grazer did not renew or obtain a writ of execution; Jason Jones was added later but not timely served, and bankruptcy discharged some claims
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly granted summary judgment for Gordon | Grazer seeks relief via lien, Utah judgment, or EFJA; renewal possible | Lien expired; no Utah-based action pleaded; EFJA filing sufficient | Yes; lien expired, no action on Utah judgment pleaded, no relief available |
| Whether Grazer timely served Jason Jones | Jason was named in first amended complaint; service timely if proper under rule | Six-month rule not met; second amended complaint does not reset period | Yes; service were untimely and dismissal proper |
| Whether Grazer may obtain a writ of execution given expiration and bankruptcy discharge | Entitled to writ under I.C. § 11-101 despite lien, or exceptions | Five-year limit and discharge bar relief; no money-recovery exception applicable | Grazer not entitled to writ; five-year limit and discharge foreclose relief |
Key Cases Cited
- G & R Petroleum, Inc. v. Clements, 127 Idaho 119 (1995) (issues with foreign judgments and EFJA; renewal and limitations analyzed)
- Clements, 898 P.2d 50 (1995) (renewal and full faith and credit under EFJA; cited and overruled in part by this opinion)
- Watkins v. Conway, 385 U.S. 188 (1966) (blanket considerations of full faith and credit when enforcing foreign judgments)
- New Phase Invs., LLC v. Jarvis, 280 P.3d 710 (2012) (statutory interpretation of judgments and related standards)