Campbell v. Kvamme, No. 39650, 2013 Ida. LEXIS 373 (Ida. S. Ct. Dec. 31, 2013)

(plaintiffs alleged that the fence line between their property and defendants’ property was not the actual boundary line; plaintiffs filed a quiet title action asserting that they owned fifteen feet of property north of the fence; in support of their claim, plaintiffs submitted an affidavit from their attorney setting forth evidence of a survey conducted by a professional land surveyor; the district court entered summary judgment in favor of defendants, finding that the evidence supporting the plaintiffs’ alleged boundary line lacked a proper foundation; in a motion for reconsideration, the plaintiffs submitted the affidavit of the surveyor himself; the trial court denied the motion, finding that the surveyor’s affidavit was not new evidence since it was known by the plaintiffs before  the court considering the matter and that the affidavit was not timely submitted under the trial court’s scheduling order; plaintiffs appealed only the trial court’s finding that the affidavit was not new evidence; in affirming the judgment, the Idaho Supreme Court ruled that it could not consider the plaintiffs’ challenge to the judgment because the judgment would nonetheless stand on the independent, unchallenged basis that the affidavit was untimely submitted).