ADE v. BATTEN

No. 20609.

878 P.2d 813 (1994)

126 Idaho 114

Gary W. ADE and Lucinda B. Ade, husband and wife, Andrew B. Broaddus and Stephanie J. Broaddus, husband and wife, Plaintiffs-Respondents, v. Raymond M. BATTEN, Jr., and his heirs, successors or assigns claiming any right, title, estate, lien or interest in or to the real property described as: A portion of Rutter's Tract "E" situated in the Southeast ¼ of the Northeast ¼ of Section 6, Township 48 North, Range 3 East, B.M., Shoshone County, State of Idaho, more particularly described as follows: Beginning at corner No. 1 of said Rutter's Tract "E"; thence South 52 Degrees 30.5' West, 107.49 feet to a point; thence North 57 degrees 28.5' West, 112.73 feet to a point, said point being the real point of beginning; thence North 57 degrees 28.5' West, 105 feet; thence North 44 degrees 47' East, 52.49 feet; thence South 57 degrees 24.5' East, 94 feet more or less to a point that bears North 32 degrees 31.5' East of the point of beginning; thence South 32 degrees 31.5' West, 51 feet more or less to the point of beginning, Defendant-Appellant. and Gordon C. Batelaan and Sue E. Batelaan, husband and wife, Carol P. Batten, husband and wife, Rose B. Rogers, a single woman, and their heirs, successors, or assigns, and any and all persons unknown claiming any right, title, estate, lien or interest in or to the real property described as: (See title above for description), Defendants.

Court of Appeals of Idaho.

August 8, 1994.


Attorney(s) appearing for the Case

Raymond M. Batten, Jr., pro se appellant.

Witherspoon, Kelley, Davenport & Toole, P.S., Coeur d'Alene, for respondents. Edward J. Anson, argued.


PERRY, Judge.

This appeal is taken from the district court's denial of relief on two post-judgment motions filed by Raymond Batten, Jr. For the reasons explained below, we affirm.

FACTS AND PROCEDURE

On December 17, 1992, the district court heard a motion for summary judgment filed by Gary and Lucinda Ade in their quiet title action against Batten. Although he had been notified of the hearing pursuant to his pro se appearance, Batten was not present...

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