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Kiser v. Kiser & McDowell

Kiser v. Kiser & McDowell, 2015 MT 315 (Nov. 10, 2015) (Rice, J.) (5-0, rev’d)

Issue: Whether the district court erred in dismissing Kiser/McDowell’s appeal from small claims court.

Short Answer: Yes.

Reversed & remanded

Facts: Todd Kiser filed a complaint against Noel Kiser and Marie McDowell in the small claims division of justice court in April 2015, alleging Noel and Marie owed him $3,445.85 based on an agreement regarding their father’s nursing care and cremation costs. The clerk issued an order that set a hearing for May 22, 2015, advised Noel and Marie to bring any evidence they needed to defend themselves, advised them they had 10 days to remove the action to justice court, and advised them that failure to remove constituted a waiver of their right to trial by jury and representation to counsel.…