Justice PATRICIA COTTER delivered the Opinion of the Court. 1 Christopher Kenck appeals the Order of the Thirteenth Judicial District Court dismissing his action against the State of Montana, Child Support Enforcement Division (CSED). We affirm and remand for further proceedings. 2 After years of complying with his monthly child support obligation, Kenck, who was serving in the U.S. military, agreed via counsel to an increase in his monthly support obligation. The increase was applied...
Justice LAURIE McKINNON delivered the Opinion of the Court. 1 Lionel Ellison pleaded no contest to arson, a felony. He subsequently obtained new counsel and moved to withdraw his no contest plea. The District Court denied his motion to withdraw, which this Court affirmed. State v. Ellison, 2009 MT 408N, 354 Mont. 393 (table), 222 P.3d 645 (table). Ellison then petitioned for postconviction relief, alleging ineffective assistance of counsel, and that the District Court misinterpreted the...
Justice JIM RICE delivered the Opinion of the Court. 1 The State charged William R. Calvert (Calvert) with a fourth offense of driving under the influence of alcohol, a felony. The District Court for the Eighteenth Judicial District, Gallatin County, denied Calvert's motion to dismiss the felony charge, and Calvert subsequently pled guilty, reserving the right to appeal the District Court's ruling. We restate Calvert's sole issue on appeal as follows: 2 Did the District Court err by...
Justice PATRICIA COTTER delivered the Opinion of the Court. 1 Steve Sangwin is an employee of the State of Montana and a qualified subscriber and beneficiary of the State of Montana Employee Benefits Plan (Plan). Blue Cross and Blue Shield of Montana, Inc. (BCBS) administers the Plan. McKinley Sangwin, the daughter of Steve Sangwin and Amy Sangwin Wicks, is also a beneficiary under the Plan. This case arises out of a dispute over the denial of a preauthorization request for a medical...
Justice MICHAEL E. WHEAT delivered the Opinion of the Court. 1 Issue One: Did the District Court err by refusing to give the Andersons' proposed jury instruction 2 Issue Two: Did the District Court err by giving the Defendant's proposed instruction over the Andersons' objection FACTUAL AND PROCEDURAL BACKGROUND 3 Dr. William Harper (Dr. Harper) is a board certified surgeon. On December 21, 2001, Dr. Harper treated Mrs. Darleen Anderson (Darleen) by placing a graft in her arm,...
Justice PATRICIA O. COTTER delivered the Opinion of the Court. 1 S.H.V.H. (Mother) appeals from an order of the Third Judicial District Court, Deer Lodge County, terminating her parental rights. We affirm in part and remand in part. ISSUES 2 We restate the issues on appeal as follows: 3 1. Did the District Court err in denying Mother's request to fire her court-appointed counsel 4 2. Did the District Court err in accepting Mother's relinquishment 5 3. Did the District...
Justice BETH BAKER delivered the Opinion of the Court. 1 The Farmers Educational Cooperative Union of America, Montana Division, commonly known as the Montana Farmers Union (MFU), and Alan Merrill, MFU's president, appeal a jury verdict from the Eighth Judicial District Court, Cascade County, against MFU for wage claims and constructive discharge, and against Merrill individually for interference with Thurston "Sonny" Harrell's employment relationship. The jury awarded Harrell compensatory...
Justice MICHAEL E WHEAT delivered the Opinion of the Court. 1 Troy A. Pilgeram and Teresa A. Pilgeram (the Pilgerams) appeal from the orders of the Eleventh Judicial District Court, Flathead County, granting GreenPoint Mortgage Funding, Inc., Countrywide Home Loans, Inc., and Mortgage Electronic Registration Systems, Inc.'s (the Lenders') motion for summary judgment and denying the Pilgerams' motion to amend judgment. We reverse. 2 The dispositive issue on appeal is: Did the District Court...
Chief Justice MIKE McGRATH delivered the Opinion of the Court. 1 Steven L. Cavanaugh and Susan L. Cavanaugh appeal from the judgment and decree of foreclosure issued by the Eighteenth Judicial District Court, Gallatin County, denying them the right to redeem the foreclosed property. We affirm. 2 The following issues are presented on appeal: 3 Issue One: Whether the Cavanaughs are entitled to a right of redemption because their property was foreclosed by judicial procedure, rather than...
Justice MICHAEL E. WHEAT delivered the Opinion of the Court. 1 Victor Gaylen Sebastian (Sebastian) appeals from the Order of the Montana Twenty-First Judicial District Court, Ravalli County, revoking his suspended sentence, committing him to the custody of the Department of Corrections and recommending he be screened for the most intensive chemical dependency treatment program available. We affirm. 2 We address the following issue: Did the District Court abuse its discretion by denying...
Justice BRIAN MORRIS delivered the Opinion of the Court. 1 Appellant Burcalow Family, LLC, (Burcalow) appeals the decision of the Eighteenth Judicial District Court, Gallatin County, that determined that The Corral Bar, Inc. (the Corral) possesses a prescriptive easement over Burcalow property and that entitled the Corral to rescind a license agreement between the parties. The Corral cross-appeals that the District Court has not entered a final judgment. We reverse and remand. 2 We...
Justice MICHAEL E. WHEAT delivered the Opinion of the Court. 1 Brown & Brown of Montana, Inc. (Brown) appeals from the Order of the Montana Twelfth Judicial District Court, Hill County, modifying its final judgment to conform with our opinion in Brown & Brown of MT, Inc. v. Raty, 2012 MT 264, 367 Mont. 67 , 289 P.3d 156 ( Brown I ). 2 We reverse and remand for further proceedings. 3 The issue on appeal is: 4 Did the District Court err by failing to delineate the scope of...
Chief Justice MIKE McGRATH delivered the Opinion of the Court. 1 The Bull Lake Fire District appeals from the District Court's "Order Granting Respondents' Motion for Summary Judgment Re: BLFD," filed March 5, 2013. We reverse. 1 2 The controlling issue on appeal is whether the District Court properly granted summary judgment to Lincoln County and the other respondents, collectively referred to as the County Respondents. PROCEDURAL AND FACTUAL BACKGROUND 3 In 1989 the Lincoln County...
Justice JIM RICE delivered the Opinion of the Court. 1 Appellant City of Billings (City) appeals the order of the Thirteenth Judicial District Court, Yellowstone County, ordering that it release copies of investigative documents and disciplinary forms without redactions for information identifying five City employees. The five employees had been disciplined by the City for inappropriate computer usage on their work computers. The Billings Gazette (Gazette) sought access to documents...
Justice PATRICIA COTTER delivered the Opinion of the Court. 1 Teresa Carestia (Teresa) appeals from the orders of the Eighth Judicial District Court, Cascade County, denying her motion for a new trial on the issue of damages and awarding costs on a bill of costs that was not properly verified. We reverse in part and affirm in part. ISSUES 2 We restate the issues as follows: 1. Did the District Court err in denying Teresa's motion for a new trial 2. Did the District Court abuse its...
Justice MICHAEL E. WHEAT delivered the Opinion of the Court. 1 Judge Katherine Curtis of the Eleventh Judicial District Court, Flathead County, presided over the trial of Kandice Tellegen (Tellegen) for theft and accountability to burglary. The jury returned a verdict of guilty on both counts. Tellegen appeals from numerous alleged errors at trial. 2 We address the following issues on appeal: Issue One: Did the District Court err by instructing the jury on the theory of accountability...
Justice LAURIE McKINNON delivered the Opinion of the Court. 1 James and Rachel Earl commenced this action against Pavex Corporation in the Sixteenth Judicial District Court, Rosebud County. The Earls sought declaratory rulings concerning two overlapping easements — one 100 feet in width, the other 30 feet in width-that burden the Earls' land for the benefit of Pavex's land. The Earls conceded the 30-foot-wide easement but disputed the 100-foot-wide easement. They asserted that the latter...
Justice LAURIE McKINNON delivered the Opinion of the Court. 1 A jury in the First Judicial District Court, Lewis and Clark County, found Jill Marie Lotter guilty of the attempted deliberate homicide of her husband, Mike, and the court entered judgment against her. Lotter appeals. We affirm. 2 We address the following issues on appeal: 1. Did the District Court err when it excluded Lotter's proposed expert witness testimony about the behaviors of individuals in abusive relationships and...
