Northwest Health Care, Inc. v. Idaho Department of Health & Welfare , 99 Idaho 843 ( 1979 )

DONALDSON, Justice.

Appellants, Northwest Health Care, Inc., et al., appeal from the decision and order of the district court granting the respondent’s, Idaho Department of Health and Welfare, motion to dismiss for failure to file a cost bond pursuant to Rule 83(h), Idaho Rules of Civil Procedure. On January 17, 1977, Northwest Health Care brought a petition for judicial review and appeal in district court challenging an administrative decision of the department. Then on January 24, 1977, the parties stipulated to an appeal procedure to the district court. Subsequent to the stipulation, the department submitted a written motion to dismiss the petition for the plaintiffs’ failure to file a cost bond within ten days of filing their petition as required under I.R.C.P. 83(h). Northwest did file a cost bond on July 27, 1977. But this filing occurred nineteen days after the effective date (July 1, 1977) of the Idaho Supreme Court’s rescission of the cost bond requirement in Rule 83(h). Subsequently, on August 30, 1977, the district court in a memorandum opinion and order, granted the department’s motion to dismiss, and Northwest then brought this appeal.

The Idaho Rules of Civil Procedure “shall be liberally construed to secure the just, speedy and inexpensive determination of every action and proceeding.” I.R.C.P. 1. This rule embodies the policy which favors providing an appellant his day in court. See Bunn v. Bunn, 99 Idaho 710, 587 P.2d 1245(1978).

We have reviewed the arguments of counsel in this case and we can find no reason in law, logic, or social policy to deny appellants their day in court. It is true that Northwest Health Care did not file a cost bond within ten days of filing its petition for review, but it did eventually file its cost bond prior to the district court’s decision dismissing the appeal. From the record and oral arguments we discern no prejudice suffered by the Department of Health and Welfare by this late filing. Even in the absence of any filing of a cost bond, we can discern no prejudice to the respondent in light of the fact that this Court rescinded the cost bond requirement, effective July 1, 1977. Thus when the appellant filed the cost bond on July 27, 1977, there was no such requirement in effect. When the district court granted the department’s motion to dismiss, there was no such requirement in effect. Further, the fact that the parties to this action stipulated to an appeal procedure to the district court which they would follow, apparently without any regard to the cost bond requirements of Rule 83(h), strengthens our conclusion that the department suffered no prejudice and that the trial court should have denied its motion to dismiss. Cf. Erickson v. Amoth, 99 Idaho 907, 591 P.2d 1074 (1978) (failure to file cost bond within required period did not necessitate dismissal of appeal).

For the reasons stated, we reverse and remand this action to the district court for further proceedings.

SHEPARD, C. J., BAKES and BISTLINE, JJ., and SCOGGIN, J. pro tern., concur.