Large v. Mayes

I am unable to join in the Court’s decision to dismiss the appeal as untimely filed— thereby terminating the action without reaching the merits of the appeal now, or ever. As we noted in Bunn v. Bunn, 99 Idaho 710, 587 P.2d 1245 (1978), the history of jurisprudence in Idaho, both before and after the advent of the “federal” rules of civil procedure, displays judicial policy of long standing in Idaho that controversial litigation be determined and disposed of each on its own particular facts, and it is no less so that there be a determination of appeals on their merits, not on technicalities.…