Security Financial Fund, LLC v. Thomason, 282 P.3d 604

Security Financial Fund, LLC sued Thomasons on five promissory notes secured by two mortgages and three deeds of trust on 256 acres in Rexburg; foreclosure action CV-07-34 resolved default against Thomasons and property foreclosed; separate action CV-07-461 alleged accounting fraud, breach of contract, and lack of standing, later consolidated; district court determined Thomasons defaulted on two mortgage notes and foreclosed; Special Master accounting found amounts due; final foreclosure decree and sale occurred; Thomasons appealed asserting lack of standing and lack of jurisdiction, among other arguments; Supreme Court affirmed summary judgment for Security Financial and awarded fees.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standing and jurisdiction challenged by Thomasons	Thomasons assert Security Financial lacked standing	Zions Bank assignment reconveyed before suit; Security Financial remained real party	Court held Security Financial had standing and district court had jurisdiction
Whether summary judgment was proper	Security Financial relied on inadmissible hearsay and improper evidence	Exhibits supported reconveyance; no genuine facts disputed	Summary judgment proper; no genuine material issues; Thomasons' claims waived or frivolous
Attorney's fees under 12-121	Fees awarded improperly to prevailing party	Frivolous, unreasonable appeal warranted fees	Fees awarded on appeal to Security Financial; finde rs upheld under 12-121
Attorney's fees on appeal	Not argued distinctly; improper to seek fees	Prevailing party entitled to appellate fees	Affirmed award of attorney's fees on appeal to Security Financial

Bach v. Bagley, 148 Idaho 784 (Idaho 2010) (waived issues not supported by argument and authority)
Mortensen v. Stewart Title Guar. Co., 149 Idaho 437 (Idaho 2010) (standard for reviewing summary judgment)
Blickenstaff v. Clegg, 140 Idaho 572 (Idaho 2004) (burden on moving party; liberal construction for non-movant)