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1/25/2018 7:38:29 AM
Posted: 7/5/2010 7:11:15 AM EST
I need to know how often a state supreme court upholds a lower courts rulings; specifically Idaho but any state(s) would at least provide some context.

Long story short:

Property held in trust with mother-in-law as beneficiary of trust.

Mother-in-law passed; property passed to three sons.

Upon death of MIL trust dissolution triggered.

Court orders sale of property to me (specifically): The property had been placed on the market and I had made the best offer so Court selected my offer from the others that had been submitted.

one of three brother appealed the courts decision to sale the property to the supreme court. He appealed all decisions by the court, of which there were many, but the relevant one to me was the sale of the property.

The seller (the trust) cannot provide clear title due to the appeal; thus we cannot complete the agreed upon contract to purchase the property.

Since then the seller has received a better offer than mine; they want out of the contract and have used every dirty trick in the book to get out of it.

My purchase contract clearly states that they must provide clear and insurable title at time of closing (among other things). My recourse, according to the contract is to sue for damages and or performance of the contract.

If I sue, I believe I will win as the Idaho supreme court has ruled recently on cases much like this one and ruled in favor of my position.

What I really want to know is what is the likelihood that the appeal will prove fruitless. If I win my case and the court orders performance of the contract yet this guy wins his appeal I am still SOL. Thus it doesn't seem worthwhile to sue if I am only going to loose when the appeal is decided.

Really not seeking legal advice here; I know there is to little information provided and I have retained councle for that. I am just looking for the statistics on the probably if the court upholding the lower courts decission. I have tried every search term i can think of to find it as I am sure it exists but maybe its one of those things you need Lexus or some other high brow subscription to find.
Link Posted: 7/5/2010 12:55:02 PM EST
There are no such statistics in general.

However, your recitation of the question is confusing as you claim in one part that the court has ordered the sale of the property to you, and in another you discuss enforcing the contract by initiating another lawsuit. So your question makes no sense. You need to discuss this with the attorney who will be responding to the appeal by the brother.

Also you ask how often a state supreme court upholds a decision, but the Idaho judicial system has two level of appeals, the Idaho Supreme Court only hears appeals from the Idaho Court of Appeals.
Link Posted: 9/10/2010 1:56:01 PM EST
Whether the SC affirms or reverses depensds entirely on the facts of the case, the standard of review, and the law. Thus, there is no meaningful statistic. Sorry it's not what you want to hear, but you'll just have to wait it out for the court's ruling.

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