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INSIGHT LLC v. GUNTER

No. 38158.

302 P.3d 1052 (2013)

INSIGHT LLC, an Idaho limited liability company; Donald F. Hutton, an unmarried man; HLT Real Estate LLC, an Idaho limited liability company; The Earle-Henrion Trust dated January 27, 1998, the sole and separate property of Daniel C. Earle; and Independent Mortgage Ltd. Co., an Idaho limited liability company, Plaintiffs-Appellants, v. Patrick GUNTER and Monica Gunter, husband and wife, Defendants-Respondents, and Summit, Inc., an Idaho corporation; Ron Hazel, an individual; Sarah Hazel, spouse of Ron Hazel; Darren Brott, an individual; and Susan Brott, spouse of Darren Brott, Defendants.

Supreme Court of Idaho, Moscow, September 2012 Term.

Rehearing Denied April 10, 2013.

Attorney(s) appearing for the Case

Dean & Kolts, Coeur d'Alene, for Appellants. Charles R. Dean argued.

Ramsden & Lyons, Coeur d'Alene, for Respondents. Marc A. Lyons argued.

SUBSTITUTE OPINION,

THE COURT'S PRIOR OPINION DATED JANUARY 24, 2013 IS HEREBY WITHDRAWN.

W. JONES, Justice.

I. NATURE OF THE CASE

This is an appeal from a district court trial regarding a dispute over two liens on real property: a deed of trust and a mortgage. Appellants ("Insight") are assignees of a mortgage secured by 160 acres of real property owned by Summitt, Inc. ("Summitt"), which includes an 18-acre parcel of land that Summitt...

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