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DIEZIGER v. PICKERING

No. 19366.

838 P.2d 321 (1992)

122 Idaho 718

David DIEZIGER, Plaintiff-Respondent, v. Brad PICKERING and Jo Ann Pickering, husband and wife, d/b/a Sunkiss Enterprises; and Dorothy Smith, Defendants-Appellants.

Court of Appeals of Idaho.

September 24, 1992.

Attorney(s) appearing for the Case

Spencer E. Daw, Idaho Falls, for defendants-appellants.

Stephen S. Hart, Idaho Falls, for plaintiff-respondent.

PER CURIAM.

We are asked to determine if the district court abused its discretion when it dismissed the defendants' (Pickering) appeal from the magistrate division as a sanction for failing to file a transcript on appeal. Because we hold that this latest appeal by Pickering from the district court's order was untimely, we dismiss the appeal.

The underlying action involved Dieziger's claim for breach of an oral contract to restore a 1955 Chevrolet Nomad. Dieziger...

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