Hall v. Hall, 2015 MT 226 (Aug. 4, 2015) (McKinnon, J.; Rice. J., dissenting) (4-1, rev’d)
Issue: (1) Whether this Court will grant an out-of-time appeal; and (2) whether the district court erred in granting a default judgment against Don Hall.
Short Answer: (1) Yes, to avoid a gross miscarriage of justice, and (2) yes.
Facts: Gregory Hall hired Don Hall (not related) to inspect a home Gregory purchased in 2006. This case arises from a dispute over that inspection.
Gregory filed suit against Don, the home seller John Heinlein, real estate broker Donna Hall (Don’s wife), and real estate broker Debra Cernick. Gregory alleges the defendants failed to disclose material effects in the property.
Gregory filed his complaint on March 5, 2007, and requested substitution of the judge.…