Blaser v. Riceci

810 P.2d 1120, 119 Idaho 834, 1991 Ida. LEXIS 70
CourtIdaho Supreme Court
DecidedMay 9, 1991
Docket18294
StatusPublished
Cited by8 cases

This text of 810 P.2d 1120 (Blaser v. Riceci) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blaser v. Riceci, 810 P.2d 1120, 119 Idaho 834, 1991 Ida. LEXIS 70 (Idaho 1991).

Opinions

McDEVITT, Justice.

The present litigation originated in transfers of property to the plaintiff by Mrs. Rozella Nottingham. The plaintiff, Albert E. Blaser, was a neighbor and good friend to Mrs. Nottingham and also to her late husband. Mrs. Nottingham was 91 years old when her niece, the closest living relative, filed a petition to appoint a conservator over the estate and a guardian for Mrs. Nottingham. After the petition was filed, Mrs. Nottingham conveyed all her property, both personal and real, to Mr. Blaser.

At the conservatorship hearing, Blaser testified under oath that he claimed no interest in the property of Mrs. Nottingham, but that he was only holding it for her “in trust” for safekeeping. The defendant, J. Patrick Riceci, was appointed by the court as conservator and Mr. Blaser, pursuant to an agreement of the parties to the action, was ordered to transfer all property that he had received from Mrs. Nottingham back to her. Later, as a result of an objection to the order by Mr. Blaser, the magistrate determined that the court lacked jurisdiction over Mr. Blaser and vacated the previous order. Subsequent to this decision, on June 20, 1986, Mr. Blaser filed a complaint to quiet title to the subject realty. The complaint stated that the land in question was conveyed to Blaser by Rozella Nottingham and that Blaser had an ownership interest in the property. Plaintiff alleged that the court order requiring him to reconvey the properties back to Mrs. [835]*835Nottingham was void because he was not a party to the conservatorship proceedings.

On July 14, 1986, the conservator who had been appointed for Mrs. Nottingham, J. Patrick Riceci, answered the complaint and asserted that in the proceedings to appoint the conservator Blaser had testified that he never claimed ownership in the subject property nor had he paid any consideration for the property.

On March 30, 1987, the district court ordered the consolidation of Blaser’s complaint to quiet title with the pending conservatorship proceedings. Plaintiff’s complaint was then sent to the magistrate division.

On May 12, 1987, the conservator amended the answer to include a counterclaim for conversion of cash, personal and real property, and sought punitive damages. The conservator alleged that Blaser defrauded Mrs. Nottingham.

On June 1, 1987, the conservator filed a motion for summary judgment against Blaser. This motion was continued on June 26, 1987, to allow for further discovery. Interrogatories and requests for production were served upon Blaser. On July 16, 1987, Blaser obtained an ex parte order to extend the time to answer the interrogatories. The extended deadlines to file answers were August 1 for Mr. Blaser and August 10 for Mrs. Blaser. The next day, Blaser filed an answer to the amended counterclaim.

Before the time to answer had expired, on July 29, 1987, the conservator filed a motion to compel discovery. The hearing on the motion to compel was heard August 7, 1987. Blaser was ordered to answer discovery by 5:00 p.m. on August 10, and was further sanctioned $150.00 in attorney fees. Blaser did file partial and incomplete answers to the interrogatories on August 10, 1987. The conservator moved to dismiss plaintiff’s complaint for failure to comply with discovery and a hearing was set for August 21.

At the hearing on August 21, 1987, the magistrate denied Blaser’s motion for a continuance due to unavailability of counsel. The magistrate then granted the motion to dismiss Blaser’s complaint and answer to the amended counterclaim pursuant to I.R.C.P. 37(b). Subsequently, the magistrate entered a default judgment on the conservator’s counterclaim against Blaser in the amount of $57,366.96. This amount represents $40,766.91 for personal property of Mrs. Nottingham converted by Blaser and for attorney fees incurred in resisting his allegations, $10,000.00 in punitive damages, and $6,600.05 in interest.

Blaser appealed the August 21, 1987, decision to the district court. The district court remanded to the magistrate to file detailed findings of fact and conclusions of law in accordance with the ruling of Southern Idaho Prod. Credit Ass’n v. Astorquia, 113 Idaho 526, 746 P.2d 985 (1987).

On remand, the magistrate entered findings of fact and conclusions of law. Blaser again appealed to the district court. The district court upheld the judgment against Blaser, stating that he had been given sufficient time to answer discovery, but failed due to his own conduct. The district court upheld the dismissal of Blaser’s complaint, determining that the magistrate, by considering Blaser’s testimony in the conservatorship proceedings, had turned the proceedings into a motion for summary judgment. Blaser now appeals to this Court.

The issue we confront in this appeal is whether the magistrate abused her discretion in dismissing plaintiff’s complaint for failure to comply with discovery.

The imposition of sanctions pursuant to I.R.C.P. 37(b) is committed to the sound discretion of the trial court and will not be disturbed on appeal absent an abuse of discretion. Ashby v. Western Council, Lumber Prod., 117 Idaho 684, 791 P.2d 434 (1990); Southern Idaho Prod. Credit Ass’n v. Astorquia, 113 Idaho 526, 746 P.2d 985 (1987); Devault v. Steven L. Herndon, 107 Idaho 1, 684 P.2d 978 (1984). In Fitzgerald v. Walker, 113 Idaho 730, 747 P.2d 752 (1987), we held that dismissals with prejudice are appropriate where there is a clear showing of delay and the ineffectiveness of lesser sanctions bolstered by the presence of at least one aggravating [836]*836factor such as: (1) delay resulting from intentional conduct; (2) delay caused by the plaintiff personally; and (3) delay causing prejudice to the defendant.

In dismissing the complaint and dismissing the answer to the counterclaim, the magistrate made the following findings of fact:

I. On June 20, 1986, the Plaintiff (Blaser) filed a Complaint against the Conservator of Rozella Nottingham, Patrick Riceci, seeking to quiet title to real property and personal property of Rozella Nottingham (Nottingham) which Blaser stated Nottingham conveyed to Blaser “for purposes of protecting it from the niece, Dorothy Lawson, and the nephew, Robert Banbury.”
$ jJ: ‡ $ sfc
9. On August 10, 1987, A1 Blaser filed with this Court a document entitled, “Answer to Defendant/Counterclaimant’s First Set of Interrogatories to Plaintiff/ Counterdefendant Albert E. Blaser.” This document was not mailed to Nottingham’s counsel until August 12, 1987. Although ten of the twenty-nine answers referred to documents as answers, no documents were filed or delivered with the above Answers to Interrogatories or the Request for Production of Documents.
10.

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Blaser v. Riceci
810 P.2d 1120 (Idaho Supreme Court, 1991)

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Bluebook (online)
810 P.2d 1120, 119 Idaho 834, 1991 Ida. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blaser-v-riceci-idaho-1991.