Twin Falls Bank & Trust Co. v. Boy Scouts of America

McFADDEN, Chief Justice.

This is an appeal from a dismissal of an appeal from the magistrate court to the district court for failure to file a cost bond. I.R.C.P. 83(h) requires a cost bond to be posted within 10 days in the sum of $300.00 or such greater amount as ordered by the district court. Without first posting a bond of $300.00, the appellant moved the district court to determine the amount of the cost bond. The district court dismissed the appeal because no cost bond had been filed and more than 10 days had elapsed since the notice of appeal was filed.

Appellant maintains that the…