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   State Courts - Montana - March 13, 2007

  
State v. Seals, No. 05-711, SUPREME COURT OF MONTANA, March 13, 2007, Decided
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Overview: New consecutive sentences imposed after the revocation of suspended sentences was improper under Mont. Code Ann. § 46-18-203 because a district court's only option was to impose a lesser sentence since those originally imposed were illegal as outside of the parameters of Mont. Code Ann. § 45-9-102.

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Whipps, L.L.C. v. Kaufman, Vidal, Hileman & Ramlow, P.C., No. DA 06-0028, SUPREME COURT OF MONTANA, March 13, 2007, Decided
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Overview: Where the landlord sued the tenant for breach of commercial lease, the tenant's offer of judgment pursuant to Mont. R. Civ. P. 68 did not waive the landlord's right to pursue contractual attorney fees. As neither party was the "prevailing" party, the district court did not abuse its discretion by denying the landlord's motion for attorney fees.

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Wing v. State, No. DA 06-0037, SUPREME COURT OF MONTANA, March 13, 2007, Decided
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Overview: Summary judgment was granted for the State in a case arising from a car accident because Mont. Code Ann. § 2-9-301 was not unconstitutionally vague since a person of ordinary intelligence would have comprehended that the term "receipt" meant that the statute of limitations was tolled when a claim was actually received.

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