Twin Falls Bank & Trust Co. v. Boy Scouts of America

Idaho Supreme Court

Twin Falls Bank & Trust Co. v. Boy Scouts of America

563 P.2d 35, 98 Idaho 311, 1977 Ida. LEXIS 364

CourtIdaho Supreme Court

DecidedApril 6, 1977

DocketNo. 12278

StatusPublished

Cited by2 cases

This text of 563 P.2d 35 (Twin Falls Bank & Trust Co. v. Boy Scouts of America) 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.

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Twin Falls Bank & Trust Co. v. Boy Scouts of America, 563 P.2d 35, 98 Idaho 311, 1977 Ida. LEXIS 364 (Idaho 1977).

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McFADDEN, Chief Justice.

This is an appeal from a dismissal of an appeal from the magistrate court to the district court for failure to file a cost bond. I.R.C.P. 83(h) requires a cost bond to be posted within 10 days in the sum of $300.00 or such greater amount as ordered by the district court. Without first posting a bond of $300.00, the appellant moved the district court to determine the amount of the cost bond. The district court dismissed the appeal because no cost bond had been filed and more than 10 days had elapsed since the notice of appeal was filed.

Appellant maintains that the filing of a motion to determine the amount of the cost bond tolls the requirement that a $300 bond must be filed within 10 days of appeal. We disagree. I.R.C.P. 83(h) is explicit. The appellant must file a $300.00 bond within 10 days of his appeal. If he, or the respondent on appeal, desires the court to determine whether the bond should be posted in a greater amount then either of them may so move.

In Longeteig v. Neal, Idaho, 560 P.2d 866 (1977), the appellants, acting pro se, also failed to file the $300.00 appeal bond. There the complaint was filed long before the January 1, 1975 amendments to the I.R.C.P., and this court, under the authority of I.R.C.P. 86 (adopted January 1, 1975), applied the rules of procedure which were in effect at the time the action was filed. No similar circumstances are present here.

Judgment affirmed. Costs to respondent.

DONALDSON and SHEPARD, JJ., concur.

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McFADDEN, Chief Justice.

This is an appeal from a dismissal of an appeal from the magistrate court to the district court for failure to file a cost bond. I.R.C.P. 83(h) requires a cost bond to be posted within 10 days in the sum of $300.00 or such greater amount as ordered by the district court. Without first posting a bond of $300.00, the appellant moved the district court to determine the amount of the cost bond. The district court dismissed the appeal because no cost bond had been filed and more than 10 days had elapsed since the notice of appeal was filed.

Appellant maintains that the filing of a motion to determine the amount of the cost bond tolls the requirement that a $300 bond must be filed within 10 days of appeal. We disagree. I.R.C.P. 83(h) is explicit. The appellant must file a $300.00 bond within 10 days of his appeal. If he, or the respondent on appeal, desires the court to determine whether the bond should be posted in a greater amount then either of them may so move.

In Longeteig v. Neal, Idaho, 560 P.2d 866 (1977), the appellants, acting pro se, also failed to file the $300.00 appeal bond. There the complaint was filed long before the January 1, 1975 amendments to the I.R.C.P., and this court, under the authority of I.R.C.P. 86 (adopted January 1, 1975), applied the rules of procedure which were in effect at the time the action was filed. No similar circumstances are present here.

Judgment affirmed. Costs to respondent.

DONALDSON and SHEPARD, JJ., concur.

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563 P.2d 35, 98 Idaho 311, 1977 Ida. LEXIS 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/twin-falls-bank-trust-co-v-boy-scouts-of-america-idaho-1977.

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