[DOWNLOAD] "Norman E. Macleod v. Virginia Reed" by Court of Appeals of Idaho ~ Book PDF Kindle ePub Free

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eBook details

• Title: Norman E. Macleod v. Virginia Reed
• Author : Court of Appeals of Idaho
• Release Date : January 02, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

PERRY, Judge In this case we are asked to decide whether a motion for summary judgment was properly granted in an action for fraud. We conclude that it was and affirm the order of the district court. We further conclude that based on the nature of the proceedings below, this appeal was unwarranted under existing law, and we therefore assess costs and attorney fees against appellant's counsel under Idaho Appellate Rule 11.1. Following a series of disputes involving the Reed Family Trust, Norman MacLeod filed an action against Virginia Reed alleging breach of a fiduciary duty and fraud. Reed sought to dismiss the complaint based on a number of procedural grounds. The district court, after considering evidence outside the pleadings, treated the motion as one for summary judgment and granted it in favor of Reed. With respect to the breach of a fiduciary duty, the district court dismissed the claim under I.R.C.P. 12(b)(6), concluding that no fiduciary duty could be established based on the facts as pled by MacLeod. As an alternative basis for dismissal, the district court found that even if a fiduciary duty could be established on the facts in the record, the applicable statute of limitation, I.C. § 5-224, had expired. MacLeod has not appealed the district court's ruling on this claim.

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