PRELIMINARY INJUNCTION in cattle breeding dispute properly issued on remand for findings & conclusions, although some findings & conclusions went beyond the appropriate inquiry… Larson affirmed (IOR I-3(c)). [Read more…]
Marital, Nevada pre-nup, physician divorce
MARITAL: Nevada pre-nup with Nevada choice of law improperly analyzed under Montana law, but findings support validity under Nevada law. . . estate of Missoula physician and homemaker properly apportioned including dog to husband. . . Halligan affirmed. [Read more…]
Injunction, cattle breeding dispute
INJUNCTION: Permanent injunction in cattle breeding dispute improperly issued before trial. . . remanded for findings & conclusions on request for preliminary injunction. . . Larson reversed (IOR I-3(c)). [Read more…]
Marital/procedure, $100,000 plus fees support judgments
MARITAL/PROCEDURE: Motion to set aside $100,000 child support and attorney fees judgments untimely granted after Rule 60(c)(1) deemed-denied date. . . Halligan reversed (IOR I-3(c)). [Read more…]
Parenting, husband’s move 300 miles away
PARENTING: Husband’s move 300 miles away constitutes changed circumstance warranting hearing as to amendment of parenting plan. . . Townsend reversed. [Read more…]
Marital, parenting, attorney fees, persistent father
MARITAL: Parenting, attorney fee claims by persistent father rejected… McLean affirmed (IOR I-3(c)). [Read more…]
Trust/appeal, injunction dissolution mootness
TRUST/APPEAL: Challenge of dissolution of injunction against selling house moot as house has been sold… appeal fees/costs awarded to Trust as matter of equity… McLean affirmed. [Read more…]
Marital, maintenance
MARITAL: Extended maintenance properly awarded in part based on income imputed to husband… appeal fees/costs denied in light of maintenance and estate distribution… Townsend affirmed (IOR I-3(d)). [Read more…]
Fuel tax, modified farm truck on highway
FUEL TAX: Modified truck traveling from ranch to obtain feed in town not exempt from diesel fuel tax… DOT/STAB/Seeley affirmed. [Read more…]
Subdivision, “extraneous evidence,” mitigation
SUBDIVISION: Summary judgment properly granted upholding denial of subdivision based in part on wildlife, information from prior hearings properly considered by Board, “extraneous evidence” properly denied, no duty to defer to proposed mitigation when application denied outright [Read more…]