Legal Opinion · Concurrence

Deeds v. Regence Blueshield of Idaho

Idaho Supreme Court

Decided July 28, 2006No. 31180Published

1ConcurrenceJustice Eismann

I concur in Parts I, II, III.B, III.C, and IV. I concur in the result in Part III.A.

Part III.A. of the majority opinion eviscerates the legislature’s power to “provide a proper system of appeals” under Article V, § 3, of the Idaho Constitution. This Court has previously recognized that the legislature’s power under this constitutional provision includes the right to determine whether appeals can be taken immediately from decisions that are not yet final.

In Evans State Bank v. Skeen, 30 Idaho 703, 167 P. 1165 (1917), this Court addressed the issue of whether an appeal could be taken directly…

2Cases cited6 opinions

  1. Camp v. East Fork Ditch Co., Ltd.Idaho Supreme Court · 2002
  2. Friends of Farm to Market v. Valley CountyIdaho Supreme Court · 2002
  3. Evans State Bank v. SkeenIdaho Supreme Court · 1917
  4. State Ex Rel. State Board of Medicine v. SmithIdaho Supreme Court · 1958
  5. Wilson v. DeBoardIdaho Supreme Court · 1972

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