CASE BRIEFS, from previous page
judgment, and (2) whether the law firm was properly awarded attorneys’ fees. Short Answer: (1) No, as it was untimely under the 2009 Rules of Civil Procedure, and (2) yes, as the contract allowed them. Affirmed.
IN RE THE MARRIAGE OF STEAB AND LUNA Keywords: 5-0 panel, Affirmed & reversed, Dissolution child support, In re the Marriage of Steab and Luna, 2013 MT 124 (May 7, 2013) (5-0) (Cotter, J.)
underinsured motorist coverage for Baileys; and (2) whether the district court erred in failing to recognize and impose a heightened duty beyond a duty to procure requested coverage. Short Answer: (1) Yes, and (2) the Court declines to address this issue. Dissents: Justice Rice would conclude that the Baileys did not demonstrate genuine issues of material fact and would affirm. Justice Baker agrees, and writes separately to express her concern that the Court has in fact imposed a heightened duty on an insurance agent despite its claim that it is not addressing this issue. Reversed Case briefs courtesy of Beth Brennan, who practices in Missoula with Brennan Law & Mediation, PLLC. http://brennanlawandmediation.com/
Issue: (1) Whether the district court was required to issue written findings and conclusions to support its order on child support arrearages; (2) whether the district court erred in imposing a 12% annual interest rate on unpaid arrearages; (3) whether the district court erred in not imposing interest on Staeb’s unpaid arrearages, only Luna’s; and (4) whether the district court erred in taking judicial notice of a bankruptcy court order releasing Staeb from marital debt owed to Luna. Short Answer: (1) No, as it was presented via a motion; (2) yes, as the statutory rate is 10%; (3) yes; and (4) no. Affirmed in part, reversed in part, & remanded with instructions.
L.LL.C C.
Forensic Engineer LEAR V. JAMROGOWICZ Keywords: 5-0 panel, Affirmed, Discovery, Stalking
Lead, South Dakota
Lear v. Jamrogowicz, 2013 MT 147 (June 4, 2013) (5-0) (Cotter, J.)
Board Certified Forensic Engineer and Member of NAFE Board Certified Safety Professional
Issue: Whether the district court properly dismissed Lear’s civil action without prejudice, rather than with prejudice. Short Answer: Yes. Affirmed.
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BEALS V. BEALS Keywords: 5-0 panel, Appeal dismissed, Standing master Beals v. Beals, 2013 MT 120 (May 2, 2013) (5-0) (McKinnon, J.) Issue: Whether a party may appeal directly to this Court from the decision of a standing master. Short Answer: No. Appeal dismissed.
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BAILEY V. STATE FARM Keywords: 4-2 panel, Insurer’s duty to procure, Reversed Bailey v. State Farm, 2013 MT 119 (May 2, 2013) (4-2) (Cotter, J., for the majority; Rice, J. & Baker, J., dissenting) Issue: (1) Whether the district court erred in finding no genuine issues of fact regarding defendants’ duty to procure Page 28
November 2013