Dr; Jеrrold Goldman and his wife, Varda Goldman, (hereinafter “Goldman”) sued Stephen J. Graham, O.D., Boston Eye Center, L.L.C; (collectively refеrred to as Dr. Graham), and Midwest Surgical Supply for negligence arising out of cataract surgery Dr. Graham performed on Dr. Gоldman. Subsequent to filing their Complaint, the Goldmans filed two separate Motions to Amend their Complaint to add additional clаims. The district court denied both of the Goldmans’ Motions to Amend their Complaint and subsequently issued a Rule 54(b) certificate from which the Goldmans appealed to this Court seeking review of the district court’s denial of their two Motions To Amend their Complaint. Bеcause the I.R.C.P. 54(b) certificate was improperly granted, the appeal is dismissed.
I.
FACTUAL AND PROCEDURAL BACKGROUND
On July 25, 2000, Dr. Jerrold Goldman underwent catarаct surgery performed by Dr. Stephen J. Graham, an ophthalmologist doing business as “Boston Eye Center.” After the operation, Gоldman developed an eye infection in the operated-on left eye. Goldman subsequently lost sight in his left eye.
On Septеmber 20, 2001, the Goldmans filed their Complaint and Demand for Jury Trial naming Stephen J. Graham, O.D., Boston Eye Center, L.L.C., and Midwest Surgical Supply as the defendants. The Complaint alleged claims against the defendants for negligence arising out of the cataract surgеry performed by Dr. Graham.
On January 21, 2003, the Goldmans filed a Motion to Amend their Complaint to add claims of reckless conduct аnd punitive damages .pursuant to I.C. § 6-1604. This Motion was denied by the district court in its Memorandum Decision and Order of February 6, 2003, on the grounds that thе Amendment was prejudicial, untimely, and futile. The Goldmans then filed a second Motion to Amend their Complaint on February 12, 2003, to add a claim for lack of informed consent. The district court denied the second motion on February 21, 2003, on the ground that it was, inter alia, untimely filed, and prejudicial to the Defendants.
II.
STANDARD OF REVIEW
The interpretation of the Idaho Rules of Civil Procedure is a matter of law over which this Court exercises free review.
Black v. Ameritel Inns, Inc.,
III.
ANALYSIS
A. The I.R.C.P. 54(b) Certificate Was Improperly Granted.
An appeal may be taken to the Idaho Supreme Court from a judgment of the district court that is final. I.A.R. 11(a)(1). “A judgment is the final determination of the rights оf the parties in an action or proceeding.”
State v. Nichols,
Even though the parties do not challenge the issuance of the Rule 54(b) certificate, which allows an appeal to this Court, the fact that a district court certifies a judgment as final and appealable under Rule 54(b) does not restrict this Court’s right to review the matter.
City of Challis,
The district court’s certification of its two Orders denying the Goldmans’ Motions to Amend their Complaint as appealable under Rule 54(b) was in error becаuse the Orders do not constitute a final, appealable judgment. The district court did not adjudicate by trial or otherwise whеther Dr. Graham or the other named Defendants were negligent as alleged in the Goldmans’ Complaint. Rather, the record shows there were only the two pre-trial Orders of the district court denying the Goldmans’ two Motions to Amend their Complaint. These Orders did nоt reach the merits of the negligence claim or the claims sought to be added; rather, they simply denied the addition of thоse claims to the cause of action. As such, it cannot be said that the district court’s two Orders finally resolved the single negligence claim against any of the parties, thereby allowing those Orders to be certified as final and appealable under Rule 54(b).
Long,
B. Neither Party Is Entitled To Attorney Fees On Appeal.
Where a party requesting attorney fees on appeal cites the applicable statute but does not present argument in compliance with I.A.R. 35(b)(6), this Court will not address the request.
Carl H. Christensen Family Trust v. Christensen,
IY.
CONCLUSION
The appeal is dismissed because the district court’s Rule 54(b) certificate was issued in error. The Orders denying the Goldmans’ two Motions to Amend wеre not final, appeal-able judgments. This Court will not address Dr. Graham’s request for attorney fees because he failed to present argument in compliance with I.A.R. 35(b)(6). Costs are awarded to the Respondents.
