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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 38370 ) ) ) Plaintiffs, ) ) v. ) ) CHEYOVICH FAMILY TRUST and ) VASA N. BACH FAMILY TRUST, ) ) Defendants. ) -------------------------------------------------------- ) JOHN N. BACH, ) ) Intervenor-Appellant, ) ) v. ) ) WAYNE DAWSON, Trustee; DONNA ) DAWSON; ALVA A. HARRIS, individually ) and dba SCONA, INC.; KATHERINE M. ) MILLER, and DOES 1-30, inclusive ) ) Third Party Defendant-Respondents. ) ) _________________________________________ JACK MC LEAN, Trustee and WAYNE DAWSON, TRUSTEE,

Boise, April 2012 Term 2012 Opinion No. 87 Filed: June 1, 2012 Stephen W. Kenyon, Clerk

Appeal from the district court of the Seventh Judicial District of the State of Idaho, Teton County. Hon. Darren B. Simpson, District Judge. The judgment of the district court is affirmed. Attorney's fees and costs on appeal are awarded to Dawson. John N. Bach, Driggs, appellant, pro se. Smith & Banks, LLC, Idaho Falls, attorneys for respondent. ________________________________ W. JONES, Justice I. NATURE OF THE CASE On remand, the district court granted Wayne Dawson's ("Dawson") Motion for Relief from Judgment and issued its Second Amended Judgment, which in part quieted title to and in 1

part took judicial notice of four undivided one-fourth interests in a forty-acre parcel of land located in Teton County, Idaho ("the Peacock Parcel"). On appeal, John Bach ("Bach")

contends, among other things, that Dawson lacked standing to file his Motion for Relief from Judgment and that the district court abused its discretion and lacked personal and subject matter jurisdiction when it granted the Motion for Relief from Judgment and entered the Second Amended Judgment. II. FACTUAL AND PROCEDURAL BACKGROUND Jack Lee McLean ("McLean"), trustee of the McLean Family Trust, and Dawson, trustee of the Dawson Family Trust, originally filed their Complaint on December 18, 2001, in Teton County Case No. CV

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Idaho Law