AKERS v. MORTENSEN

No. 39182.

320 P.3d 418 (2014)

Dennis Lyle AKERS and Sherrie L. Akers, husband and wife, Plaintiffs-Respondents, v. Marti MORTENSEN, Defendant-Appellant, and Vernon J. Mortensen; D.L. White Construction, Inc.; David L. White and Michelle V. White, husband and wife, Defendants.

Supreme Court of Idaho, Moscow, September 2013 Term.

Rehearing Denied March 28, 2014.


Attorney(s) appearing for the Case

Deissner Law Office, Spokane, Washington, for appellant. Dustin D. Deissner argued.

James, Vernon & Weeks, P.A., Coeur d'Alene, for respondents. Susan P. Weeks argued.


HORTON, Justice.

This appeal arises from a bench trial concerning an easement and trespass dispute. Marti Mortensen appeals from the district court's judgment regarding the scope and location of the Mortensen's easement across Dennis and Sherrie Akers' property. Ms. Mortensen also appeals from the district court's award of punitive damages and argues that she should not be liable for the punitive damages assessed against her former husband, Vernon Mortensen. Ms. Mortensen...

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