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Title: Curtis D. Johnson and Joan Johnson v.
Author : Court of Appeals of Idaho No. 13817
Release Date : January 26, 1983
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

Pioneer Title Company has appealed the denial of its renewed motion to vacate a default judgment entered against First American Title Co. of Northern Idaho, an assumed business name under which Pioneer has been operating in Coeur d'Alene, Idaho. The threshold issue in this case is whether this appeal must be dismissed as untimely. The remaining issue is whether the default judgment should have been set aside. We conclude that the appeal is timely, and that the default judgment should be set aside. Curtis and Joan Johnson filed this suit on June 1, 1979, naming several parties, including First American Title Company of Northern Idaho, as defendants. The sole appellant in this appeal, Pioneer Title Company of Ada County, was not named as a party or mentioned in the Johnsons' complaint.[Footnote 1] The complaint charged several of the defendants with misrepresentation in connection with the sale of a mobile home accessory business from Daniel and Ruth Jones to the Johnsons. The complaint also charged that First American, as the title insurance company involved in this transaction, gave unauthorized legal advice at the time of the closing and improperly rebated $1,206 in insurance premiums to the sellers.