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| Hughes v. Lynch, 05-535,
SUPREME COURT OF MONTANA, July 25, 2007, Decided
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Overview: The trial court did not err in granting an individual summary judgment in connection with a doctor's claims of malicious prosecution, abuse of process, and tortious interference based on the individual's prior action in alleging discrimination by the doctor; she showed that she had probable cause to both file and pursue her complaint.
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| In re Marriage of Rudolf, 05-664,
SUPREME COURT OF MONTANA, July 25, 2007, Decided
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Overview: In a marital dissolution, the district court erred in the distribution of the marital estate, because it did not consider $ 255,000 in assets and $ 30,000 of debt. Mont. Code Ann. § 40-4-203 did not permit the district court to retroactively award the wife permanent maintenance to commence three years before the divorce was filed.
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| Wolfe v. Newman, DA 06-0351,
SUPREME COURT OF MONTANA, July 25, 2007, Decided
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Overview: The barter provision in a contract for the sale of a horse which required the buyer's son to provide $1500 worth of his labor to the seller violated Montana law; the seller was required to pay the son for his labor. The district court correctly found that the buyer was required to pay boarding costs and vet bills; he was entitled to keep the horse.
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| Horton v. Horton, No. DA 06-0457,
SUPREME COURT OF MONTANA, July 31, 2007, Decided
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Overview: In a marital dissolution, the district court denied the ex-wife's motion to amend the order reassessing the value of her father's gift to the family home; she failed to file her notice of appeal within 30 days as required by M. R. App. P. 5(a)(4). The appeal filed six months after the entry of the district court's order was untimely.
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| State v. Champagne, DA 06-0322,
SUPREME COURT OF MONTANA, July 31, 2007, Decided
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Overview: Where defendant was charged with two counts of criminal distribution of dangerous drugs in violation of Mont. Code Ann. § 45-9-101, the State was permitted to introduce previously disclosed video recordings of the drug purchase. The recordings were relevant to the defense of entrapment, and presented no surprise to the defense.
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| Weimar v. Lyons, DA 06-0106,
SUPREME COURT OF MONTANA, August 1, 2007, Decided
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Overview: Because a property owner's contract with a company was for less than $ 400,000, the interest statute, Mont. Code Ann. § 28-2-2104(1), did not apply and the trial court erred in imposing the interest as a sanction for discovery abuse; the company owner had standing to pursue a lien under Mont. Code Ann. § 71-3-523.
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