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Jordan v. Beeks

3/29/2001

trial court. Watson v. Navistar Int'l Transp. Corp. 121 Idaho 643, 827 P.2d 656 (1992); Slaathaug v. Allstate Ins. Co., 132 Idaho 705, 979 P.2d 107 (1999). After a thorough review of the record, we conclude that the district court was provided with no new facts to create an issue for trial, and thus there was no basis upon which to reconsider its summary judgment order.


CONCLUSION


The Jordans were unable to establish that anything counsel did or failed to do was the proximate cause of their damages, including but not limited to loss of the shareholder litigation. When the plaintiff fails to submit evidence to establish an essential element of a claim, summary judgment dismissing the claim is appropriate. Nelson ex rel. Nelson v. City of Rupert, 128 Idaho 199, 911 P.2d 1111 (1996); Ambrose v. Buhl Joint School Dist. No. 412, 126 Idaho 581, 887 P.2d 1088 (Ct. App. 1995).


The award of summary judgment in favor of attorney Beeks and the denial of the motion to reconsider are hereby affirmed. Costs to Respondents. No attorney fees are awarded.


Chief Justice TROUT and Justices SCHROEDER, KIDWELL and REINHARDT, pro tem, CONCUR.






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