Archive | February, 2016

Estate of Kinnaman v. Mountain West Bank

Estate of Kinnaman v. Mountain West Bank, 2016 MT 25 (Feb. 2, 2016) (Cotter, J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in grating Mountain West’s motion to change venue; (2) whether the district court erred in granting summary judgment to Mountain West on all claims; (3) whether the district court abused its discretion in taking judicial notice of the record in previous actions; and (4) whether the district court abused its discretion in denying the estate’s Rule 60(b) motion to vacate the summary judgment order.

Short Answer: (1) No; (2) no; (3) no; and (4) no.

Affirmed

Facts: This is the third of three lawsuits stemming from a condominium development at Hauser Lake. The first resulted in a final judgment that was not appealed, and the second was resolved in 2013 MT 99.…