TRIALS, VERDICTS & APPEALS #Civil Procedure

Bill Smith represented Parkside Schools, Inc. before the Idaho Supreme Court in Parkside Schools, Inc. v. Bronco Elite Arts & Athletics, LLC, 145 Idaho 176, 177 P.3d 390 (2008). Smith personally argued the appeal. The case addressed voluntary dismissal under the Idaho Rules of Civil Procedure and a defendant's opportunity to seek attorney fees following dismissal. The Court's published decision has subsequently been cited by Idaho appellate courts on issues involving voluntary dismissal, prevailing-party status, attorney fees, and abuse-of-discretion review.

Bill Smith represented Hoa K. Bui, Jocelyn N. Bui, and Mongo Grill, Inc. in Nguyen v. Bui, 146 Idaho 187, 191 P.3d 1107 (Ct. App. 2008). Smith was engaged only a few days before trial, after the defendants' Answer and defense of payment had already been filed by prior counsel. Smith tried the case and later personally argued the appeal before the Idaho Court of Appeals. The resulting published decision addressed trial by consent under Idaho Rule of Civil Procedure 15(b) and the treatment of issues litigated at trial despite the existing pleadings.