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No. 86-275 IN THE SUPREME COURT OF THE STATE OF MONTANA 1987

STEPHEN J. KENNEY, Plaintiff and Appellant, -vsRUDY KOCH, SIMON KUNTZ, AND K DEVELOPMENT, INC.,
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Defendants and Respondents.

APPEAL FROM:

District Court of the Thirteenth Judicial District, In and for the County of Big Horn, The Honorable G. Todd Baugh, Judge presiding.

COUNSEL OF RECORD: For Appellant: Stanton, Hovland Hardin, Montana For Respondent: Wright, Tolliver & Guthals; Joel E. Guthals, Billings, Montana
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Torske; James E. Torske,

Submitted on Briefs:

March 5, 1987

Decided: MaY 28, 1987 Filed:

MAY 2 s 1987

Mr. Justice William E. Hunt, Sr., delivered the Opinion of the Court.

Appellant, Stephen J. Kenney appeals from a judgment from the Thirteenth Judicial District of the State of Montana awarding him $32,120.00 in damages for wrongful conversion of his property and also awarding respondents, K & K Development, Inc., $500.00 in damages for trespass. We reverse in part and remand for re-evaluation of damages consistent with this Opinion. We are asked to decide six issues. Issue number one is raised by respondents and questions the jurisdiction of this Court because appellant did not comply with the Montana Rules of Civil Procedure. The remaining five issues are raised by the appellant and go to the judgment of the District Court. The six issues are: 1. Does this Court have jurisdiction to hear this appeal because of the failure of the appellant to timely file notice of appeal and failure to file transcript of the proceedings in accordance with the Montana Rules of Civil Procedure? 2. Did the District Court abuse its discretion by awarding damages based on $3.25 per cubic yard of gravel as the highest market value pursuant to 5 27-1-320, MCA? 3. Was appellant entitled to an award for reasonable time and money expended in the pursuit of his property pursuant to S 27-1-320, MCA? 4. Did the District Court err by not including attorney fees in its award for appellant under

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Montana Law