Preview:

No. 12874
IN THE SUPREME COURT OF THE STATE OF MONTANA
1975
LARRY STENSVAD in his own behalf and as representing AGRI-SERVICES, INC., M-V ENTERPRISES, INC . , M & S CATTLE FEEDERS and L. D. STENSVAD CATTLE CO., all Montana Corporations, and OTTO STENSVAD,
Plaintiffs and Respondents,
THE MONTANA NATIONAL BANK, formerly the Miners and Merchants Bank of Roundup, Montana,
Defendant and Appellant.
Appeal from: District Court of the Fourteenth Judicial District , Honorable R. D. McPhillips, Judge presiding.
Counsel of Record:
For Appellant :
Towe, Neely and Ball, Billings, Montana Gerald I?. Neely argued and Thomas Towe appeared, Billings, Montana
For Respondents:
Moses, Tolliver, Kampfe & Wright, Billings, Montana Kenneth D. Tolliver argued, Billings, Montana
Submitted: September 29, 1975
Decided: 6~7I ifi-i
.+ A
1
Filed :
Mr. Chief Justice James T. Harrison delivered the Opinion of the Court. This is an appeal from the district court, Musselshell County. Respondents filed suit against appel.l.ant alleging a breach of contract to finance their feed lot and related oper- ations, thereby causing the failure of said operations. On December 12, 1973, the district court entered a summary judg- ment against the respondents on all issues and in favor of appellant. Respondents moved to reconsider. After a hearing, on May 13, 1974, the summary judgment was ordered vacated and the cause set for trial. Appellant moved the district court to reconsider the vacation of the summary judgment, which motion was denied on September 16, 1974. Appellant appeals from the order of May 13, 1974, vacat- ing the summary judgment. The controlling issue before this Court is whether the order vacating the summary judgment is an order from which an appeal may be taken. Rule 1, M.R.App.Civ.P., subsections (b) and (c) , set forth from what orders an aggrieved party may appeal. The order from which appellant wishes to appeal is not one of the enumerated orders contained in Rule 1. The district court order is interlocutory in nature, that is, it is not final. The order vacates the summary judgment and sets the cause for trial. The rights of the parties have not been adjudicated, and will not be until such trial. The general rule on the necessity of a final judgment prior to an appeal is set forth in 4 C.J.S. Appeal and Error

Download e5e68f04-c752-44b3-a37b-e2b06868526c.pdf

Montana Law