PROBATE: PR correctly found lacking authority to unilaterally extend time for creditors to respond to disallowance of claims, but Estate is equitably estopped from raising a time-bar defense due to tolling representations by PR’s attorney… Pardy reversed. [Read more…]
Archives for February 2025
Summary judgment, declaration v. affidavit
SUMMARY JUDGMENT: A declaration executed under §1-6-105 is equivalent to an affidavit, is sufficient evidence at the summary judgment stage… summary judgment improperly granted to debt collector because patient’s declaration that she was not in ICU established material fact issues… Harada reversed. [Read more…]
Floodplain, glamping resort on river island
FLOODPLAIN: Challenges to permit for glamping resort on river island properly rejected… Ohman affirmed. [Read more…]
Lesser-included, assault of great-grandmother
LESSER-INCLUDED instructions properly rejected as to assault of great-grandmother… Cuffe affirmed. [Read more…]
Anders brief requirements not met
ANDERS BRIEF rejected for failure to meet requirements… Order. [Read more…]
Trust/tax lien foreclosure, ranch
TRUST/TAX LIEN FORECLOSURE rulings relating to ranch affirmed… Watters affirmed (memorandum). [Read more…]
Felon in possession, large magazine in photo
FELON IN POSSESSION: Sentence enhancements for semiautomatic capable of large magazine and possessing 8 or more firearms by pawn shop employee affirmed… Morris affirmed. [Read more…]
Drugs, stop for driving in left lane
DRUGS: Defendant lawfully stopped for driving in left lane… Molloy affirmed (memorandum). [Read more…]
Settlements
Plan I
David Bowen, head/neck, 11/22, City of Helena, MMIA accepted liability, right hip, 11/23, claim accepted, left upper extremity, 1/19, claim never accepted, disputes as to liability for right hip osteoarthritis, right total hip replacement, past medicals, future indemnity & medical, $220,000 new money for all claims, stipulated judgment; Matthew Murphy for Bowen, Morgan Weber for MMIA [Read more…]
Title insurance, counterclaims against insureds
TITLE INSURANCE: Insurer properly held not obligated to defend insured against counterclaims… Owen affirmed. [Read more…]
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