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Dominguez v. Evergreen Resources7/21/2005
e of a decision and is not the equivalent of a decision issued by the Industrial Commission itself. Id.
A decision by the Industrial Commission has res judicata effect only for those issues the Commission actually decides. Even if the Industrial Commission had determined Dominguez was entitled to worker 's compensation , this would not be equal to a determination regarding whether he was the victim of willful or unprovoked physical aggression. Either issue is within the competence of the Industrial Commission, but in this case neither was subjected to a determination by that body. Consequently, the district court was acting within its jurisdiction when issuing a judgment in this case.
B. Appealability of the Denial of the Employer's Summary Judgment Motion
The Employer asks this Court to review the district court's denial of his summary judgment motion concerning Dominguez's factual claim. Although the denial of a summary judgment motion is a non-final order not normally subject to appeal, the Employer contends the default judgment entered against him was a final judgment permitting him to appeal directly to this Court.
Unless review is specifically provided for by statute or rule, this Court may only review appeals from final judgments. Idah-Best, Inc. v. First Sec. Bank, 99 Idaho 517, 519, 584 P.2d 1242, 1244 (1978); see I.A.R. 11(a). A final judgment is one that "ends the lawsuit, adjudicates the subject matter of the controversy, and represents a final determination of the rights of the parties." Economic Dev. Council v. Lockwood, 139 Idaho 492, 495, 80 P.3d 1093, 1096 (2003). Upon default by the defendant, the allegations contained in the complaint are taken as true, and the plaintiff is relieved of any obligation to introduce evidence in support of those allegations. Olson v. Kirkham, 111 Idaho 34, 37, 720 P.2d 217, 220 (Ct.App. 1986).
An order denying a motion for summary judgment is an interlocutory order from which no direct appeal may be taken. Bowles v. Pro Indiviso, Inc., 132 Idaho 371, 376, 973 P.2d 142, 147 (1999). Additionally, an order denying a motion for summary judgment is not subject to review -- even after the entry of an appealable final judgment. Courtney v. Big O Tires, Inc., 139 Idaho 821, 823, 87 P.3d 930, 932 (2003); Hunter v. State, Dept. of Corrections, 138 Idaho 44, 46-47 57 P.3d 755, 757-58 (2002); Idaho Power Co. v. Cogeneration, Inc., 134 Idaho 738, 9 P.3d 1204 (2000); Bowles, 132 Idaho at 376, 973 P.2d at 147.
Not only is the Employer barred from appealing the denial of his summary judgment motion, but even if we were to treat his appeal as springing instead from the entry of judgment by default, review would be improper. It should be noted the Employer never moved the district court for relief from the default judgment entered against him. Idaho Rule of Civil Procedure 60(b) permits a court to relieve a party from final judgment on such grounds as mistakes, inadvertence, excusable neglect, newly discovered evidence, or fraud. The grant or denial of a motion for relief may be reviewed by an appellate court for abuse of discretion. Shelton v. Diamond Int'l Corp., 108 Idaho 935, 937, 703 P.2d 699, 701 (1985).
In Economic Development Council, several defendants against whom defaults were entered in district court and never set aside appealed from a summary judgment entered against them. 139 Idaho at 495, 80 P.3d at 1096. On review, this Court refused to reach the substance of the defaulted defendants' appeal because their failure "to have the default set aside bars their appeal to this Court." Id. at 496, 80 P.3d at 1097. Economic Development Council involved "entries of default" rather than the mor
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