Case Information
*1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 43105
IN THE MATTER OF THE ESTATE )
OF: GORDON THOMAS LANHAM, )
Deceased. ) JUDD LANHAM, ) 2016 Opinion No. 13 )
Personal Representative- ) Filed: February 24, 2016 Respondent-Respondent on )
Appeal, ) Stephen W. Kenyon, Clerk )
v. )
)
THOMAS E. LANHAM, )
)
Respondent-Appellant-Appellant )
on Appeal. )
)
Appeal from the District Court of the Third Judicial District, State of Idaho, Gem County. Hon. D. Duff McKee, District Judge; Hon. Tyler D. Smith, Magistrate. Intermediate appellate decision affirming magistrate’s order dismissing appeal, affirmed.
Foley Freeman, PLLC; Patrick J. Geile and Matthew G. Bennett, Meridian, for respondent-appellant-appellant on appeal. Matthew G. Bennett argued.
Law Offices of Nancy L. Callahan; Nancy L. Callahan and Rolf M. Kehne, Emmett, for personal representative-respondent-respondent on appeal. Rolf M. Kehne argued.
________________________________________________
HUSKEY, Judge
Thomas E. Lanham (Appellant) appeals from the district court’s order dismissing the appeal filed in this case, arguing that his appeal to the district court was timely. For the reasons set forth below, we affirm.
I.
FACTUAL AND PROCEDURAL BACKGROUND
After Gordon Thomas Lanham’s (Testator) death, Judd Max Lanham (Respondent) filed an application for informal probate and was appointed personal representative. Subsequently, Appellant filed a petition for order restraining the Respondent. After a hearing, the magistrate denied Appellant’s motion.
Appellant then filed a motion for summary judgment. Respondent filed a cross-motion for summary judgment and motion to dismiss. At the hearing on June 10, 2014, the magistrate granted summary judgment in favor of the Respondent. On June 20, 2014, Appellant filed a motion for reconsideration, but the motion neither included a notice of hearing nor indicated whether Appellant desired oral argument; both requirements under Idaho Rule of Civil Procedure 7(b). [1] On June 25, 2014, the magistrate filed both an order granting the Respondent’s cross- motion for summary judgment and a judgment. In the judgment, the magistrate did not acknowledge the motion for reconsideration. Appellant did not pursue the motion for reconsideration after the final judgment was filed.
On August 13, 2014, Appellant appealed to the district court. Respondent filed a motion to dismiss, arguing that Appellant’s appeal was untimely filed. The district court held that the notice of appeal was filed outside the forty-two-day period and that the motion for reconsideration did not toll the time for appeal because it was filed before the magistrate entered the judgment. Appellant timely appeals.
II.
STANDARD OF REVIEW
Whether an appeal to the district court was timely filed is a question of law.
Goodman
Oil Co. v. Scotty’s Duro-Bilt Generator, Inc.
, 147 Idaho 56, 58, 205 P.3d 1192, 1194 (2009).
Over questions of law, we exercise free review.
Kawai Farms, Inc. v. Longstreet
, 121 Idaho
610, 613,
*3 III.
ANALYSIS Appellant argues the magistrate’s judgment was not a valid final judgment. Appellant also argues that his motion for reconsideration should be treated like a motion to alter or amend judgment and that his motion tolls the period for appeal.
A. The Magistrate’s Judgment was a Valid Final Judgment
Appellant argues the magistrate’s judgment was not a valid judgment because it,
inter
alia
, contains a recital of the pleadings, in contravention of I.R.C.P. 54(a). Appellant cites
Wickel v. Chamberlain
,
In Wickel , the appellant filed a complaint against the respondent for medical malpractice. The Respondent filed a motion for summary judgment, which the district court granted on July 25, 2013. The district court entered a purported final judgment on July 30, 2013. The Appellant filed a motion for reconsideration on August 12, 2013, which the district court denied. Appellant timely appealed. On October 28, 2013, the Supreme Court remanded the matter to the district court because the July 2013 order was not a final judgment as defined by I.R.C.P. 54(a). On October 30, 2013, the Appellant filed a second motion for reconsideration. The district court entered a proper final judgment on October 31, 2013. On December 18, 2013, the district court determined it did not have jurisdiction to consider the second motion for reconsideration because it was filed more than fourteen days after the entry of the July 2013 judgment. The appellant again appealed to the Supreme Court. The Supreme Court noted the July 2013 judgment was not a valid final judgment but, instead, was an interlocutory order. The second motion for reconsideration was timely because it was filed before or within 14 days of the entry of the actual final judgment entered in October 2013. The Supreme Court remanded the case to the district court on December 23, 2015.
Of note, on February 12, 2015, the Supreme Court entered an order entitled In Re: Finality of Judgments Entered Prior to April 15, 2015 (Standing Order). In pertinent part, the order stated that “any judgment, decree or order entered before April 15, 2015, that was intended to be final but which did not comply with Idaho Rule of Civil Procedure 54(a) . . . shall be treated as a final judgment.”
Wickel neither overrules nor contradicts the Standing Order. The doctrine of the law of the case provides that upon:
an appeal, the Supreme Court, in deciding a case presented states in its opinion a principle or rule of law necessary to the decision, such pronouncement becomes the law of the case, and must be adhered to throughout its subsequent progress, both in the trial court and upon subsequent appeal.
Swanson v. Swanson
,
Although the final judgment issued in this case did not comply with I.R.C.P. 54(a), it became a valid final judgment by virtue of the Standing Order.
B. The Magistrate Presumptively Denied Appellant’s Motion by Entering the Final
Judgment
Appellant argues that his motion can be treated as either a motion for reconsideration under I.R.C.P. 11(a)(2)(B) or a motion to alter or amend judgment under I.R.C.P. 59(e). Appellant further argues that his motion, under either rule, tolled the period for appeal. Respondent argues Appellant’s motion was a motion for reconsideration pursuant to I.R.C.P. 11(a)(2)(B) and cannot toll the period of appeal because it was not timely filed. We hold that although Appellant’s motion was a timely filed motion for reconsideration under I.R.C.P. 11(a)(2)(B), it was presumptively denied when the magistrate entered the final judgment. Because the motion for reconsideration was presumptively denied, it did not toll the time for appeal.
1. Appellant’s motion was a motion for reconsideration under I.R.C.P. 11(a)(2)(B)
We begin by determining whether Appellant’s motion is actually a motion for
reconsideration under I.R.C.P. 11(a)(2)(B) or a motion to alter or amend judgment under
I.R.C.P 59(e). A motion for reconsideration allows a party to move a court to reconsider an
interlocutory order. I.R.C.P. 11(a)(2)(B). An interlocutory order is an order that is temporary in
*5
nature or does not completely adjudicate the parties’ dispute.
Boise Mode, LLC v. Donahoe Pace
& Partners Ltd.
, 154 Idaho 99, 107, 294 P.32 1111, 1119 (2013). When an order granting
summary judgment is filed before a final judgment, the order granting summary judgment is an
interlocutory order.
Agrisource, Inc. v. Johnson
,
Here, Appellant moved the court to reconsider its ruling on Respondent’s cross-motion for summary judgment, not the final judgment. Because Appellant filed the motion prior to entry of the final judgment and was only challenging the order granting summary judgment, an interlocutory order, Appellant’s motion is a motion for reconsideration under I.R.C.P. 11(a)(2)(B), rather than a motion to alter or amend judgment under I.R.C.P. 59(e).
2.
Appellant’s motion for reconsideration was timely filed
Having determined that Appellant’s motion was a motion for reconsideration under
I.R.C.P. 11(a)(2)(B), we now determine whether Appellant’s motion was timely filed. A motion
for reconsideration of any interlocutory order of the trial court may be made at any time before
the entry of final judgment, but not later than fourteen days after the entry of the final judgment.
I.R.C.P. 11(a)(2)(B). When judgment has been pronounced in open court, requiring a litigant to
wait to seek reconsideration until the court clerk has file-stamped the written order would be
hyper-technical and violate the spirit of the rules of civil procedure.
See Willis v. Larsen
, 110
Idaho 818, 821,
3. Appellant’s motion for reconsideration was presumptively denied by entry of the final judgment
A final judgment is “an order or judgment that ends the lawsuit, adjudicates the subject
matter of the controversy, and represents a final determination of the rights of the parties. It
must be a separate document that on its face states the relief granted or denied.”
T.J.T., Inc. v.
Mori
,
In
Wolfe
, the appellant was convicted of first degree murder in 1982. In 2004, he filed an
Idaho Criminal Rule 35 motion to correct an illegal sentence.
Id.
at 58,
The Supreme Court held the district court did not err when it denied the appellant’s
motion for a hearing on the motion for reconsideration.
Id.
at 61,
As in Wolfe , Appellant filed a motion for reconsideration that was neither explicitly ruled on nor mentioned in the final judgment. However, as in Wolfe , we presume the court denied the motion when it failed to rule on it. The presumption became a conclusion when the final judgment was entered. Additionally, presumptively denying outstanding motions by entering final judgment ensures that a final judgment actually ends the lawsuit, adjudicates the subject matter of the controversy, and represents a final determination of the rights of the parties, while simultaneously avoiding confusion about when the time for an appeal begins to run.
As noted above, Appellant’s motion for reconsideration failed to comply with several
sections of I.R.C.P. 7. The failure to comply with I.R.C.P. 7(b)(3)(A) and I.R.C.P. 7(b)(1) was
further exacerbated by Appellant’s failure to pursue his motion for reconsideration at any time
prior to the filing of the notice of appeal or acknowledge his motion for reconsideration in his
opening appellate brief to the district court.
[2]
If Appellant was interested in pursuing the motion
for reconsideration, it was incumbent upon Appellant to bring the motion to the attention of the
court.
See Wolfe
,
Moreover, fairness and equity do not allow Appellant to destroy the finality of a judgment by failing to pursue the motion in this case and then claim that failure tolled the time for appeal. The rules of civil procedure shall be liberally construed to secure the just, speedy, and inexpensive determination of every action and proceeding. I.R.C.P. 1(a). But to allow a motion that did not comply with I.R.C.P. 7, and which Appellant did not pursue, to toll the period for appeal does not advance those goals. [3] Instead, it allows a party to attempt to indefinitely toll the period of appeals and can create confusion about when the time for an appeal begins to run.
Accordingly, we hold that an outstanding motion for reconsideration is presumptively denied when a trial court enters a final judgment and thus, does not toll the time for filing an appeal.
C. Attorney Fees on Appeal
Appellant seeks an award of costs and attorney fees under Idaho Code §§ 15-8-208 and 12-121. In addition to those statutes, Respondent seeks costs and attorney fees under I.C. § 12-123, I.R.C.P. 11, and Idaho Appellate Rule 11.2.
*8 On appeal, Appellant did not act frivolously. Therefore, neither party is entitled to fees under I.C. §§ 12-121 and 12-123, I.R.C.P. 11, or I.A.R. 11.2. Under I.C. § 15-8-208, an appellate court may, in its discretion, award costs or attorney fees to any party. We hold that neither party is entitled to costs or attorney fees on appeal.
IV.
CONCLUSION Based on the foregoing, the district court’s intermediate appellate decision affirming magistrate’s order dismissing appeal is affirmed.
Chief Judge MELANSON and Judge GUTIERREZ CONCUR .
Notes
[1] Unless a motion may be heard ex parte, I.R.C.P. 7(b)(3)(A) requires a written motion and a notice of hearing to be filed with the court. I.R.C.P. 7(b)(1) requires a party to indicate on the face of the motion whether the party desires to present oral argument.
[2] Even if we did not presume the magistrate denied Appellant’s motion for reconsideration,
Appellant abandoned that motion by not pursuing it at any point between the entry of the final
judgment and the filing of the notice of appeal. Appellant had the burden to pursue the motion
for reconsideration in the event the district court failed to rule on it. Because he failed to pursue
the motion, Appellant abandoned the motion.
See Wolfe
,
[3] In addition to the civil rules mentioned above, Appellant also failed to state that his motion for reconsideration was based on I.R.C.P. 11(a)(2)(B). I.R.C.P. 7(b)(1) (a motion shall state with particularity the ground therefor, including the number of the applicable civil rule).