Parkside Schools, Inc. v. Bronco Elite Arts & Athletics, LLC — Idaho Supreme Court

Parkside Schools, Inc. v. Bronco Elite Arts & Athletics, LLC, 145 Idaho 176, 177 P.3d 390 (2008)

Idaho Supreme Court — Docket No. 32611 — January 28, 2008

In 2008, I argued Parkside Schools, Inc. v. Bronco Elite Arts & Athletics, LLC before the Idaho Supreme Court.

I represented Parkside Schools, Inc.

The case arose from a commercial lease dispute involving two spaces Parkside leased for the operation of a daycare facility. After a dispute developed over expiration of the leases, Parkside filed suit and sought preliminary injunctive relief.

The district court denied the requested injunction. Thereafter, Defendant's counsel refused to respond at all to any communications for a period of weeks.  Because of Defendant's failure to communicate and the resolution of the injunction, Parkside moved to dismiss the case and the motion was granted.  

The district court granted the dismissal three days after the motion was served and ordered each side to bear its own fees and costs.

Bronco Elite appealed to the Idaho Supreme Court.

The Issue Before the Idaho Supreme Court

The appeal presented a procedural question involving voluntary dismissal under Idaho Rule of Civil Procedure 41 and the motion procedures then contained in Idaho Rule of Civil Procedure 7(b)(3).

Bronco Elite argued that the district court had acted without providing it an adequate opportunity to respond to Parkside's motion and, particularly, without giving it an opportunity to pursue attorney fees.

I argued the appeal for Parkside before the Idaho Supreme Court.

The Court ultimately concluded that Parkside's motion had not complied with the applicable procedural requirements and that the district court acted outside its authority when it granted the motion only three days after it was served.

The Supreme Court therefore vacated the dismissal order and remanded the case for further proceedings.

The Decision

The resulting published opinion is:

Parkside Schools, Inc. v. Bronco Elite Arts & Athletics, LLC, 145 Idaho 176, 177 P.3d 390 (2008).

The decision addressed the interaction between voluntary dismissal, motion practice, a litigant's opportunity to be heard, attorney fees, and the trial court's exercise of discretion.

The case has subsequently been cited by Idaho appellate courts in decisions involving voluntary dismissal, prevailing-party determinations, attorney fees, and abuse-of-discretion review.

Why I Include This Case in My Trial Record

Not every important appellate decision is a victory for the lawyer who argued it.

Parkside wasn't.

The Idaho Supreme Court rejected the position of my client and vacated the order we had obtained from the district court.

But appellate advocacy is part of a trial lawyer's record too.

You make the best argument the facts and law permit. You answer questions from the Court. You defend your client's position. And when the Court decides the issue, the resulting decision becomes part of Idaho law.

More than eighteen years later, Parkside continues to be cited by Idaho courts.

For me, that is one reason to maintain a complete professional record—not simply a collection of victories, but an accurate record of the cases tried, appeals argued, decisions issued, and lessons accumulated over a career practicing law in Idaho.

Case: Parkside Schools, Inc. v. Bronco Elite Arts & Athletics, LLC

Court: Idaho Supreme Court

Citation: 145 Idaho 176, 177 P.3d 390 (2008)

Docket: No. 32611

Decision: January 28, 2008

Counsel: Bill Smith & Associates, P.A., for Parkside Schools, Inc.

Oral Argument: William L. Smith

Disposition: District court's dismissal order vacated; case remanded for further proceedings.

William L. “Bill” Smith is an Idaho trial lawyer and founding partner of Smith Horras, P.A. His professional record includes civil jury trials, bench trials, and oral arguments before the Idaho Supreme Court and Idaho Court of Appeals.

Prior results do not guarantee a similar outcome. Every case depends upon its own facts, evidence, law, and circumstances.

Parkside Schools, Inc. v. Bronco Elite Arts & Athletics, LLC, 145 Idaho 176, 177 P.3d 390 (2008)