Berkshire Investments, LLC v. Taylor
153 Idaho 73
| Idaho | 2012Background
- Third appeal in a real estate dispute involving Thomas Maile, Berkshire Investments, and the Theodore L. Johnson Revocable Trust; Trust beneficiaries' conflict of interest led to a prior void sale and res judicata issues.
- Trial court held the 2006 judgment was res judicata as to Mailes' claims and awarded damages on counterclaims against Mailes.
- Mailes alleged fraud and misrepresentation surrounding the Disclaimer and its effect on the Taylors' standing; mailes recorded lis pendens in 2006 and 2008.
- Idaho Supreme Court in Taylor II held the Taylors retained standing after the Disclaimer and remanded for further proceedings; Taylor II affirmed in 2009.
- Mailes filed a new action (2007) seeking to overturn Judge Wilper’s judgment; district court dismissed on res judicata grounds and awarded fees to respondents.
- Court affirmed district court’s rulings on summary judgment, JNOV, and attorney-fee awards on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Res judicata precludes Mailes’ claims | Maile argues fraud exception to res judicata applies | Respondents contend all claims precluded by issue and claim preclusion | Yes, res judicata bars the claims |
| Judgment notwithstanding the verdict (JNOV) | Mailes contend substantial evidence supports their claims | Respondents argue verdict supported by substantial evidence | No, JNOV denied; substantial evidence supports verdict |
| Fees on appeal under Rule 41 and §12-121 | Mailes argue entitled to appellate fees | Respondents entitled to fees for frivolous appeal | Appellate fees awarded to respondents |
Key Cases Cited
- Taylor v. Maile (Taylor II), 146 Idaho 705 (Idaho 2009) (holding Taylors retained standing after Disclaimer; law of the case analysis; res judicata applied to preclude claims)
- Taylor v. Maile (Taylor I), 142 Idaho 253 (Idaho 2005) (standing of Taylors as real parties in interest; fiduciary/broker liability issues)
- Ticor Title Co. v. Stanion, 144 Idaho 119 (Idaho 2007) (claims arising out of same transaction barred by claim preclusion)