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CARTER v. ZOLLINGER

No. 34377.

203 P.3d 1241 (2009)

Nadene R. CARTER, Norma R. Bennett, Laree Larson, Melvin S. Roberts, Beneficiaries of the Norman H. Roberts Family Revocable Trust, Plaintiffs-Appellants, v. Flora and Donovan ZOLLINGER, Defendants-Respondents.

Supreme Court of Idaho, Idaho Falls, September 2008 Term.

February 11, 2009.

Attorney(s) appearing for the Case

Daines & Wyatt, LLP, Ephraim, for appellant. Jonathan Jenkins argued.

Thomsen Stephens Law Offices, PLLC, Idaho Falls, for respondent. Michael Wheiler argued.

BURDICK, J.

This appeal concerns whether ownership of property can be determined in an unlawful detainer summary proceeding under Idaho Code § 6-303. We affirm the magistrate court's ruling that the unlawful detainer action should have been dismissed.

I. FACTUAL AND PROCEDURAL BACKGROUND

Norman and Afton Roberts were the parents of the appellants: Nadene Carter, Norma Bennett, LaRee Larson, and Melvin Roberts (collectively Appellants), as well...

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