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   State Courts - Montana - December 19 - December 31, 2007

  
In re Estate of Anderson-Feeley, DA 06-0442, SUPREME COURT OF MONTANA, December 19, 2007, Decided
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In re Mental Health of D.V., 05-568, SUPREME COURT OF MONTANA, December 19, 2007, Decided
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Nikolaisen v. Advance Transformer Co., 05-727, SUPREME COURT OF MONTANA, December 19, 2007, Decided
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Overview: Because plaintiffs' counsel well knew defendant's address, M.R. Civ. P. 4D required that service be attempted at that address and only then could plaintiffs seek to substitute service on the Secretary of State pursuant to Rule 4D(2)(f). Because service was improper, the district court was deprived of jurisdiction, and a default judgment was void.

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Petryszak v. Petryszak, DA 06-0798, SUPREME COURT OF MONTANA, December 19, 2007, Decided
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Povsha v. City of Billings, DA 06-0204, SUPREME COURT OF MONTANA, December 19, 2007, Decided
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Overview: In a zoning dispute, appeal was dismissed as moot because property owner, who objected to the building of an auction yard, had other remedies, such as an appeal, pursuant to M.R.App.P. 1(b)(2), of the district court's denial of his request for injunctive relief, but the property owner abdicated the available remedies.

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Qwest Corp. v. Mont. Dep't of Pub. Serv. Regulation, 05-035, SUPREME COURT OF MONTANA, December 19, 2007, Decided
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Overview: In dispute between telecommunications company and Montana Public Service Commission (PSC) with respect to accuracy of rates, PSC's actions were not subject to review, pursuant to Mont. Code Ann. § 2-4-701, because only allegation of harm was speculation that further action could take place, and if it took place, it could have legal consequences.

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Schoonen v. Reichle, DA 06-0831, SUPREME COURT OF MONTANA, December 19, 2007, Decided
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BeVan v. Liberty Northwest Ins. Corp., DA 06-0826, SUPREME COURT OF MONTANA, December 21, 2007, Decided
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Overview: Substantial evidence supported a finding by the Workers' Compensation Court (WCC) that an employee was injured while on an authorized break, i.e., while she was returning from home to feed her dog and was in an accident, and that the employee's injury occurred within the course and scope of employment under Mont. Code Ann. § 39-71-407.

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State v. Graham, DA 06-0670, SUPREME COURT OF MONTANA, December 31, 2007, Decided
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