State Law Library of Montana

Notices of new Opinions and Orders from the Montana Supreme Court, Library Announcements, Research Tips, and Montana Legal News

Archive for October, 2008

OPINION AND ORDER: Farmers Union Mutual v. Bodell

Posted by scanner1 on October 29, 2008

The Montana Supreme Court has issued an Opinion and Order in the following matter:

DA 08-0326,

2008 MT 363,

FARMERS UNION MUTUAL INSURANCE COMPANY,

Plaintiff and Appellant,

v.

BRIAN L. BODELL, SWEETWATER RANCH COMPANY, and KAMI L. JOHNSTON, Personal Representative of the Estate of Luke S. Johnston,

Defendants and Appellees.

Posted in Interlocutory Appeal, Opinion and Order, Order to Dismiss without Prejudice | Leave a Comment »

OPINION: State Transportation v. American Bank

Posted by scanner1 on October 29, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 06-0733,

2008 MT 362,

THE STATE OF MONTANA, ACTING BY AND THROUGH THE MONTANA DEPARTMENT OF TRANSPORTATION,

Plaintiff and Appellant,

v.

AMERICAN BANK OF MONTANA, a Montana corporation,

Defendant and Appellee.

Posted in Attorneys' Fees/Costs, Condemnation, Jurisprudential Factors, Opinion | Leave a Comment »

OPINION: Whitehorn v. Whitehorn Farms

Posted by scanner1 on October 28, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 07-0325,

2008 MT 361,

BRIAN D. WHITEHORN,

Plaintiff and Appellant,

v.

WHITEHORN FARMS, INC., a Montana corporation; EARL G. WHITEHORN; and WAYNE A. WHITEHORN,

Defendants and Appellees.

___________________________________________

WHITEHORN FARMS, INC., a Montana corporation; EARL G. WHITEHORN; and WAYNE A. WHITEHORN,

Counter-Plaintiffs,

v.

BRIAN D. WHITEHORN and UNITY WITH GOD SOCIETY,

Counter-Defendants.

Posted in Corporations, Employee, Minority Shareholder, Opinion | Leave a Comment »

OPINION: State v. Triplett

Posted by scanner1 on October 28, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 07-0492,

2008 MT 360,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

ROBERT TRIPLETT,

Defendant and Appellant.

Posted in Due Process, Opinion, Probation/Parole, Sentence Review Division | Leave a Comment »

OPINION: State v. Nelson

Posted by scanner1 on October 28, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 07-0339,

2008 MT 359,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

TIMOTHY SCOTT NELSON,

Defendant and Appellant.

Posted in Federalism, Medical Marijuana, Opinion, Sentencing | Leave a Comment »

OPINION AND ORDER: J.C. v. Eleventh Jud. Dist. Court

Posted by scanner1 on October 22, 2008

The Montana Supreme Court has issued an Opinion and Order in the following matter:

OP 08-0411,

2008 MT 358,

 J.C.,

Petitioner,

v.

ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY, THE HONORABLE TED O. LYMPUS,

Respondent.

Posted in Adoption, Opinion and Order, Rule 11, Standing, Termination of Parental Rights | Leave a Comment »

OPINION: State v. Smietanka

Posted by scanner1 on October 21, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 07-0668,

2008 MT 357,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

JOSEPH SMIETANKA,

Defendant and Appellant.

Posted in Opinion, Plea Agreement, Restitution | Leave a Comment »

OPINION: State v. Stearns

Posted by scanner1 on October 21, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 08-0030,

2008 MT 356,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

ROBERT SCOTT STEARNS,

Defendant and Appellant.

Posted in Failure to Object, Modified "Just" Rule, Opinion | Leave a Comment »

OPINION: Thermal Supply v. Big Sky Beef

Posted by scanner1 on October 21, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 07-0057,

2008 MT 355,

THERMAL SUPPLY, INC.,

Plaintiff and Appellant,

v.

BIG SKY BEEF, LLC, STAN VAN ETTEN, C.R. SAULSBURY, SR., JERRY W. BRATTON, JOHN T. DANIELL, and UX RANCH, INC.,

Defendant, Appellee and Cross-Appellant.

Posted in Opinion, Security Interest, Tolling, UCC | Leave a Comment »

OPINION: State v. Farmer

Posted by scanner1 on October 21, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 07-0204,

2008 MT 354,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

ROBERT G. FARMER,

Defendant and Appellant.

Posted in Automobile Liability Insurance, Opinion | Leave a Comment »