Idaho Supreme Court
Axelrod v. Reid Limited Partnership
July 1, 2024
Summary
The Idaho Supreme Court affirmed summary judgment against Reid individually, concluding that his untimely and unserved materials were properly excluded and that he failed to raise a genuine issue of material fact concerning his obligation to pay for the cattle guard. The Court also affirmed dismissal of RLP's conversion and implied-covenant claims, the denial of RLP's attempt to add RFLP as a party, and the judgment for Axelrod on his breach-of-contract claim. It vacated dismissal of RLP's trespass claim because RLP owned the property during part of the alleged trespass period, and it vacated certain attorney-fee rulings for further proceedings. The Court also vacated the refusal to award fees for defending Reid's reconsideration motion because the parties' contractual fee provision governed.