Archive | Remanded for rehearing

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Draggin’ Y Cattle Company, Inc. v. Addink

Draggin’ Y Cattle Company, Inc. v. Addink, 2016 MT 98 (May 3, 2016) (Baker, J.; Rice, J., concurring; McKinnon, J., concurring & dissenting; McGrath, C.J. & Wheat, J., recused themselves) (5-0, appeal dismissed)

Issue: Whether New York Marine timely raised its disqualification claim, and if so, whether the claim should be considered on the merits given that the judge did not disclose circumstances that could cause the judge’s impartiality to be reasonably questioned.

Short Answer: Under these circumstances, the claim is not waived. The Court holds Judge Huss had a duty to disclose but declines to determine whether Judge Huss should have been disqualified for cause. It remands for determination of the disqualification issue by a district judge it will assign.…

Whitefish Credit Union v. Prindiville

Whitefish Credit Union v. Prindiville, 2015 MT 328 (Nov. 24, 2015) (Rice, J.) (6-0, aff’d & rev’d)

Issue: (1) Whether the district court erred by holding that a hearing was required as a matter of law to determine the fair market value of the foreclosed property; (2) whether the district court’s valuation of the foreclosed property was supported by credible evidence; and (3) whether the district court erred by improperly admitting evidence at the hearing.

Short Answer: (1) No; (2) the Court does not reach this issue because (3) yes, the district court abused its for a rehearing.

Affirmed & reversed & remanded

Facts: Defendants Prindivilles, Shinns, and Rothschild acquired more than 600 acres of land on Patrick Creek Road with a loan from Whitefish Credit Union for $2.237 million.…