Sines v. Blaser
566 P.2d 758
Idaho2012Background
- Blasers failed to pay three years of back taxes on Canyon County parcels; tax deed issued Jan 1, 1971 after publication following delinquency notices.
- Property transferred to Sineses at a tax sale on Aug 15, 1972; record title conveyed to Sineses on Aug 6, 1973.
- Sineses filed quiet title action in late 1973; Blasers challenged the tax deed on notice-defect grounds.
- Trial in May 1974 favorable to Sineses; Blasers argued lack of proper notice to record owners, especially Mrs. Blaser.
- Judgment entered Oct 18, 1974; no Notice of Entry sent by clerk; post-judgment motions were filed late and denied as untimely; Rule 60(b) relief sought and denied in April 1975.
- Appeal contested timeliness and the denial of Rule 60(b) relief; Idaho Supreme Court to determine proper relief under Rule 60(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether notice of appeal was timely served. | Sineses (plaintiffs) contend timely service. | Blasers argue service was untimely; timing crucial. | Timely service found; notice served timely. |
| Whether the trial court abused its discretion in denying Rule 60(b) relief. | Relief warranted due to clerical failures and lack of notice. | Denial appropriate; no proper timely notice to movant. | Abuse of discretion; remand to grant Rule 60(b) relief and re-enter judgment. |
Key Cases Cited
- Andrus v. Irick, 87 Idaho 471 (1964) (relief under Rule 60(b) appropriate for lack of notice; liberal construction of rules)
- Compton v. Gilmore, 98 Idaho 190 (1977) ( Id. Supreme Court decision cited for procedural context in cases like this)
- Blinzler v. Andrews, 95 Idaho 769 (1973) (timeliness and service of notice; appellate procedure)
- Toler v. Shelton, 204 S.E.2d 85 (1974) (liberal relief under Rule 60(b) for notice failures (West Virginia))
- Woldarsky v. Woldarsky, 243 So.2d 629 (Fla.App. 1971) (relief for notice/clerical failures in judgments)
- Jerkins v. McKinney, 533 S.W.2d 275 (1976) (Rule 60(b) relief considerations at state level)
- Crawford v. West India Carriers, Inc., 56 F.R.D. 32 (1972) (liberal construction; relief principles under 60(b))
- Federal National Mortgage Ass'n v. Roberts, 317 So.2d 244 (La. App. 1975) (liberal relief considerations under Rule 60(b))
- Olson v. Burt, 239 N.W.2d 212 (Minn. 1976) (liberal interpretation of post-judgment relief)