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   State Courts - Montana - February 22, 2006

  
Barone v. Eighth Judicial Dist., Docket No. OP 06-0137, SUPREME COURT OF MONTANA, February 22, 2006, Decided
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Hall v. State, No. 05-124, SUPREME COURT OF MONTANA, February 22, 2006, Decided
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Overview: Firefighters' action against the State and the Public Employees' Retirement Board was properly dismissed; the firefighters' employers were responsible for correctly calculating and reporting their compensation under Mont. Code Ann. § 19-2-506 and Mont. Admin. R. 2.43.404(1), and any action related thereto should have been against the employers.

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Hembd v. Slaughter, Docket No. OP 06-0056, SUPREME COURT OF MONTANA, February 22, 2006, Decided
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In re A.T., No. 05-344, SUPREME COURT OF MONTANA, February 22, 2006, Decided
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Overview: By failing to appear at the termination hearing under Mont. Code Ann. § 41-3-609 and failing to object either in person or by counsel to the manner in which the trial court conducted the termination hearing, the father waived his right to appeal the decision to terminate his parental rights without taking evidence at the hearing.

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In re B.N.Y., No. 05-301, SUPREME COURT OF MONTANA, February 22, 2006, Decided
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Overview: Where the order terminating a mother's parental rights was reversed, a subsequent action against her parental rights was not precluded. After several years of reunification efforts, the district court's failure to timely hold a permanency plan hearing under Mont. Code Ann. § 41-3-445(1)(a)(i) did not violate the mother's right to due process.

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Meadow Lakes Estate Homeowner Assoc. v. Shoemaker, Cause No. DV-00-334, TWENTY-FIRST JUDICIAL DISTRICT COURT OF MONTANA, RAVALLI COUNTY, February 22, 2006, Decided
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Mulkey v. Fifth Judicial Dist., Docket No. OP 06-0132, SUPREME COURT OF MONTANA, February 22, 2006, Decided
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Owens v. Mont. Dep't of Revenue, No. 05-306, SUPREME COURT OF MONTANA, February 22, 2006, Decided
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Overview: The court dismissed an appeal from the trial court's decision affirming a Department of Revenue administrative decision because the trial court made its ruling without having the administrative record under Mont. Code Ann. § 2-4-614(1) before it, contrary to Mont. Code Ann. § 2-4-704(1) of the Montana Administrative Procedure Act.

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Saucier v. McDonald's Rests. of Mont., Inc., Cause No. DV 03-0279, THIRTEENTH JUDICIAL DISTRICT COURT OF MONTANA, YELLOWSTONE COUNTY, February 22, 2006, Decided
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State v. Morrisey, Cause No. ADC-02-356, EIGHTH JUDICIAL DISTRICT COURT OF MONTANA, CASCADE COUNTY, February 22, 2006, Decided
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