Chief Justice MIKE McGRATH delivered the Opinion of the Court. 1 Objectors to the Crow Water Compact appeal from the Montana Water Court's orders of December 24, 2014, and May 27, 2015, ruling in favor of the settling parties' motion for summary judgment and approving the Water Compact with a final order. 2 We affirm the decision of the Water Court. ISSUES 3 We restate the issues on appeal as follows: 4 Issue One: Did the Water Court apply the proper legal standard of review...
Justice PATRICIA COTTER delivered the Opinion of the Court. 1 In March 2015, the Eleventh Judicial District Court, Flathead County, issued its Findings of Fact, Conclusions of Faw, Orders on Contempt and Decree of Dissolution, dissolving the marriage of the parties, dividing property, and imposing orders of maintenance and child support. Herbert Paschen (hereinafter Herb) appeals the order claiming the District Court's distribution of the marital estate and its award of maintenance and...
Justice JAMES JEREMIAH SHEA delivered the Opinion of the Court. 1 Jason D. Allport appeals from the judgment and sentence of the Nineteenth Judicial District Court, Lincoln County, which sentenced him to a 13-month commitment at the Montana Department of Corrections (DOC) followed by a five-year suspended commitment at the DOC for driving under the influence of alcohol (DUI), a fifth-offense felony. We affirm. 2 The issue on appeal: Whether the District Court correctly ruled that...
Justice PATRICIA COTTER delivered the Opinion of the Court. 1 Plaintiff David Hastie (Hastie) underwent foot surgery in October 2010. Defendant Dr. Mark Deibert (Deibert) of Alpine Orthopedics & Sports Medicine (Alpine) in Bozeman performed the surgery. Following the surgery, Dr. Deibert placed Hastie in an orthotic boot and asked him to return for post-operative care. After two post-operative appointments, Hastie did not return to Dr. Deibert's office for a third appointment, but...
Justice LAURIE McKINNON delivered the Opinion of the Court. 1 N.L. appeals the order of the Seventh Judicial District Court, Richland County, dismissing him as a party in the child abuse and neglect proceeding concerning his long-time girlfriend's son, J.B., and denying his request to appear at subsequent proceedings as a "person interested in [the] cause." We affirm in part and reverse in part. 2 N.L. presents the following issues for review: 1. Did the District Court err when it...
Justice BETH BAKER delivered the Opinion of the Court. 1 Teton Cooperative Reservoir Company (Teton Reservoir) appeals a February 3, 2015 order of the Montana Water Court in Case 410-132, adjudicating Teton Co-Operative Canal Company's (Teton Canal) water rights to the Eureka Reservoir. We address the following issue on appeal: Whether the Water Court erred in determining that off-stream water storage in the Eureka Reservoir was included as part of Teton Canal's April 18, 1890 Notice...
Justice JIM RICE delivered the Opinion of the Court. 1 Douglas Joseph Chyatte (Chyatte) appeals from the denial of his petition for postconviction relief by the Fourth Judicial District Court, Missoula County. We affirm in part, reverse in part, and remand for further proceedings. 2 We address the following issues on appeal: 1. Did the District Court err by holding that Chyatte's trial-related claims were procedurally barred 2. Did the District Court err by denying Chyatte's...
Justice JIM RICE , delivered the Opinion of the Court. 1 B.D. appeals an order from the Fourth Judicial District Court, Missoula County, ordering his involuntary commitment to Montana State Hospital (MSH) for a period not to exceed 90 days. B.D. argues on appeal that the District Court erred by failing to specify in its Involuntary Mental Health Commitment Order the specific statutory basis for commitment, and that the State failed to present sufficient evidence to support an involuntary...
Justice PATRICIA COTTER delivered the Opinion of the Court. 1 J.S., K.S., and R.S. are minor children who have potential claims against their father and their father's business arising out of an automobile accident that killed their mother. Their father, Michael Soule, does not want to pursue the claims on his children's behalf, claiming that the family is currently financially secure and that further litigation would cause the children unnecessary trauma. The District Court determined...
Justice PATRICIA COTTER , delivered the Opinion of the Court. 1 Scott Reis and Austin Luckett were involved in a serious three-car motor vehicle accident in Cascade County on February 16, 2010. Luckett admitted liability for the accident. Reis later claimed neck, back, and hand injuries. The Eighth Judicial District Court, Cascade County, conducted a jury trial in December 2014 and the jury held that Luckett's negligence in causing the accident was not the cause of Reis's claimed...
Justice BETH BAKER delivered the Opinion of the Court. 1 Cyril Not Afraid Jr. appeals the orders of the Thirteenth Judicial District Court, Yellowstone County, granting summary judgment to the State of Montana, Yellowstone County, and the City of Billings (collectively Defendants). We restate the issue on appeal as follows: Whether the District Court erred in granting summary judgment to the Defendants on the ground that Not Afraid failed to produce evidence demonstrating that the...
Justice MICHAEL E. WHEAT delivered the Opinion of the Court. 1 M.P.-L. appeals from the June 2, 2014 Order and the June 5, 2014 Findings of Fact, Conclusions of Law, and Order of the Montana Second Judicial District, Silver Bow County, committing her to the Montana State Hospital. ISSUES 2 Appellant raises several issues on appeal, which we address as follows: 1. Was the District Court's June 2, 2014 Order of Commitment deficient because it failed to provide a detailed statement of...
