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BERKSHIRE INVESTMENTS, LLC v. TAYLOR

No. 38599.

278 P.3d 943 (2012)

BERKSHIRE INVESTMENTS, LLC, an Idaho limited liability company; Thomas G. Maile, IV and Colleen Birch-Maile, husband and wife, Plaintiffs-Counterdefendants-Appellants, v. Connie Wright TAYLOR, f/k/a Connie Taylor, an individual; Dallan Taylor, an individual; R. John Taylor, an individual; Clark and Feeney, a partnership; Paul T. Clark, an individual; Theodore L. Johnson Revocable Trust, an Idaho revocable trust; John Does I-X; and all Persons in Possession or Claiming any Right to Possession, Defendants-Counterclaimants-Respondents.

Supreme Court of Idaho, Boise, May 2012 Term.

June 1, 2012.

Attorney(s) appearing for the Case

Thomas G. Maile IV and Troupis Law Office, PA, Eagle, for appellants. Christ T. Troupis argued.

Moffatt Thomas Barrett Rock & Fields, Chartered, Boise, and Henderson Law Firm, PLLC, Vancouver, Washington, for respondents. Mark S. Prusynski and Connie W. Taylor argued.

J. JONES, Justice.

This is the third appeal to this Court arising from a 2002 real estate transaction between Thomas Maile and Colleen Birch-Maile and the Theodore L. Johnson Revocable Trust. The Mailes filed the present action seeking to set aside a 2006 judgment against them, which we affirmed in the second appeal. The district court determined on summary judgment that the 2006 judgment was res judicata with regard to the issues raised in the Mailes' complaint...

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