BLACKADAR v. AUSTIN

No. 19152.

826 P.2d 490 (1992)

121 Idaho 529

Bob BLACKADAR, Plaintiff-Respondent, v. Myrthus AUSTIN and John Austin, Defendants-Appellants.

Court of Appeals of Idaho.

February 20, 1992.


Attorney(s) appearing for the Case

Myrthus Austin, pro se.

Milton A. Slavin, Salmon, for plaintiff-respondent.


SILAK, Judge.

This case involves a procedural issue in an appeal from the magistrate division to the district court. We are asked to determine whether the district court, sitting in its appellate capacity, has the discretion to remand a case to the magistrate division. In affirming the district court's order, we hold that the fact that the district court held a pre-trial conference does not limit its discretion to remand the case for a new trial.

The underlying...

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