Ziemann v. Creed

Billy and Esther Ziemann’s negligence action against the respondents, Wayne Creed and Daniel Fox, was dismissed pursuant to a summary judgment entered on May 1, 1989. The judgment contained an I.R.C.P. 54(b) certificate making the judgment final; however, no appeal was taken from that judgment nor was any motion filed which would extend the time to appeal or result in an amended judgment from which an appeal could be pursued. Both respondents later asserted claims for recovery of their costs and attorney fees incurred in the action. Separate orders granting costs to Creed and to Fox, in…