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PORCELLO v. ESTATE OF PORCELLO

Docket No. 46443.

470 P.3d 1221 (2020)

Jennifer PORCELLO, Plaintiff-Counterdefendant-Respondent, v. The ESTATE OF Anthony J. PORCELLO, the Estate of Annie C. Porcello, and Kalyn M. Porcello, as Personal Representative, Defendants-Counterclaimants-Appellants. The Estate of Anthony J. Porcello, the Estate of Annie C. Porcello, and Kalyn M. Porcello, as Personal Representative, Third Party Plaintiffs-Appellants, v. Mark Porcello, Third Party Defendant-Respondent.

Supreme Court of Idaho, Boise, June 2020 Term.

Rehearing Denied September 8, 2020.

Attorney(s) appearing for the Case

Stoel Rives LLP, Boise, for appellants Estates of Anthony J. Porcello and Annie & Kalyn Porcello, as personal representative. W. Christopher Pooser argued.

Ramsden Marfice Ealy & DeSmet, Coeur d'Alene, for respondent Jennifer Porcello. Michael Ramsden argued.

Smith + Malek, PLLC, Coeur d'Alene, for respondent Mark Porcello. Peter J. Smith IV argued.

This case involves interpretation of a promissory note and a deed of trust involving a home and real property located in Hayden Lake, Idaho. In the summer of 2014, Mark and Jennifer Porcello, who were married at the time, sought to purchase this property. After making various pre-payments, the amount the couple needed to purchase...

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