Telford v. Mart Produce, Inc.

950 P.2d 1271, 130 Idaho 932, 1998 Ida. LEXIS 10
CourtIdaho Supreme Court
DecidedJanuary 16, 1998
Docket23069
StatusPublished
Cited by17 cases

This text of 950 P.2d 1271 (Telford v. Mart Produce, Inc.) 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
Telford v. Mart Produce, Inc., 950 P.2d 1271, 130 Idaho 932, 1998 Ida. LEXIS 10 (Idaho 1998).

Opinion

SCHROEDER, Justice.

This is an appeal from the district court’s order dismissing plaintiff-appellant Mike Tel-ford’s claim against the defendant-respondent Mart Produce. The district court dismissed the case because Telford failed to serve Mart Produce within the six-month period prescribed by Idaho Rules of Civil Procedure 4(a)(2). We affirm.

I.

BACKGROUND AND PRIOR PROCEEDINGS

Pursuant to I.R.C.P. 4(a)(2), the district court dismissed this case for failure to effect timely service. Because the action was dismissed on procedural grounds, it is unnecessary to recite the facts framing the substantive issues in this case. The following is the relevant procedural history:

1. May 13, 1994 — Telford filed a complaint in Minidoka County against Ira and Darwin Neibaur and Mart Produce.
2. February 3, 1995 — The district court ordered a stay of the proceedings as a *934 result of Ira and Darwin Neibaur’s pending bankruptcy proceedings.
3. June 19,1995 — Telford filed a separate action in Cassia County against Mart Produce in order to avoid the stay of proceedings in the original action.
4. September 27, 1995 — The Cassia County district court dismissed the action because of the pending case between Telford and Mart Produce involving the same issues.
5. October 26, 1995 — Telford filed a motion to bifurcate the Minidoka County action, lift the stay of proceedings and grant relief from I.R.C.P. 4(a)(2).
6. November 16,1995 — The district court granted Telford’s motion to bifurcate the Minidoka County action, lift the stay of proceedings and grant relief from I.R.C.P. 4(a)(2).
7. November 22, 1995 — Telford served Mart Produce with a summons and complaint.
8. March 27, 1996 — Mart Produce responded to Telford’s discovery request.
9. March 27, 1996 — Mart Produce filed a motion to dismiss pursuant to I.R.C.P. 4(a)(2).
10. April 25, 1996 — The district court reconsidered its original order granting Telford relief from I.R.C.P. 4(a)(2) and granted Mart Produce’s motion to dismiss.
11. May 3, 1996 — Telford filed a motion to reconsider the district court’s order dismissing the case or, in the alternative, leave to file an amended complaint.
12. May 21, 1996 — The district court denied Telford’s motion to reconsider the district court’s order dismissing the case or, in the alternative, leave to file an amended complaint.

At no time during the six-month period prescribed by Rule 4(a)(2), did Telford attempt to serve Mart Produce.

II.

STANDARD OF REVIEW

The determination of whether good cause exists is a factual one. Sammis v. Magnetek, Inc., 130 Idaho 342, 346, 941 P.2d 314, 318 (1997). “Because this is a factual determination, the appropriate standard of review is the same as that used to review an order granting summary judgment.” Id. Thus, when reviewing the trial court’s decision that Telford failed to establish good cause under the rule, the Court must liberally construe the record in the light most favorable to the nonmoving party and must draw all reasonable inferences in that party’s favor. Id.; Friel v. Boise City Hous. Auth., 126 Idaho 484, 485, 887 P.2d 29, 30 (1994).

III.

RECONSIDERATION OF ORDER GRANTING RELIEF FROM I.R.C.P. 4(a)(2)

Because the district court initially granted Telford’s motion for relief from I.R.C.P. 4(a)(2), the first issue to be decided is whether a district court can reconsider and vacate such an interlocutory order. This Court has held that I.R.C.P. 11(a)(2)(B) provides the authority for a district court to reconsider and vacate interlocutory orders so long as final judgment has not yet been ordered. Sammis, 130 Idaho at 346, 941 P.2d at 318; Farmers Nat’l Bank v. Shirey, 126 Idaho 63, 68, 878 P.2d 762, 767 (1994). In this case, the district court reconsidered its ruling before the entry of final judgment and, therefore, acted with authority under the rule.

IV.

GOOD CAUSE

Idaho Rule of Civil Procedure 4(a)(2) required the court to dismiss the action unless Telford demonstrated good cause for failure to timely serve Mart Produce. The version of I.R.C.P. 4(a)(2) in effect at the time the complaint was filed provided:

If a service of summons and complaint is not made upon a defendant within (6) six months after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why *935 such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court’s own initiative without notice to such party or upon motion.

I.R.C.P. 4(a)(2) (1994). “By its terms, Rule 4(a)(2) imposes the burden of demonstrating good cause on the party who failed to effect timely service_” Sammis, 130 Idaho at 346, 941 P.2d at 318. Therefore, Telford must demonstrate good cause. The relevant period of time on which to focus is the six months following the filing of the complaint — May 13 through October 13, 1994. Telford asserts that the following circumstances constitute good cause:

1. Prior notice of claim

Telford argues that although Mart Produce was not served, it had notice of Tel-ford’s claim, even before the complaint was filed. However, the fact that Mart Produce had knowledge of the claim does not establish good cause for Telford’s failure to serve the summons and complaint.

2. Settlement negotiations

Telford asserts that service of process was held in abeyance to determine whether a settlement could be reached with the other defendants, Ira and Darwin Neibaur. The record does not reflect that Telford engaged in any such settlement negotiations before the expiration of the six-month period. Therefore, this factor is irrelevant to a good cause determination.

3. The stay of proceedings

Telford next argues that the stay of proceedings impeded his ability to further pursue Mart Produce. The stay of proceedings, however, is irrelevant to a good cause determination in this case because it occurred after the expiration of the six-month time limit to serve Mart Produce. Telford filed the complaint on May 13, 1994, and the stay of proceedings was entered on February 3,1995, three months after the time to effect timely service.

i. Prompt dismissal and response to discovery

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Cite This Page — Counsel Stack

Bluebook (online)
950 P.2d 1271, 130 Idaho 932, 1998 Ida. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/telford-v-mart-produce-inc-idaho-1998.