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SELLS v. ROBINSON

No. 30700.

118 P.3d 99 (2005)

Claude E. SELLS, Jr. and Sally J. Sells, husband and wife, individually and as Trustees of the Claude E. Sells, Jr. Revocable Trust U.D.T. 9-23-92 and the Sally J. Sells Revocable Trust U.D.T. 9-23-92, Plaintiffs-Respondents, v. Gary ROBINSON, individually and in his capacity as Trustee, Defendant-Appellant.

Supreme Court of Idaho, Boise, April 2005 Term.

Rehearing Denied August 24, 2005.

Attorney(s) appearing for the Case

Arthur M. Bistline, Coeur d'Alene, for appellant. Arthur M. Bistline argued.

Lamanna Law Office, Priest River, for respondents. Nicholas M. Lamanna argued.

SCHROEDER, Chief Justice.

Claude and Sally Sells (Sells) made claims against Gary Robinson (Robinson) for timber trespass, conversion and damages. Robinson asserted that he had a contractual right to the timber on the Sells' property. The district court ruled in favor of the Sells and awarded them treble damages for the timber trespass, other damages, costs and attorney fees. Robinson appealed.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In 1993...

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