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eBook details

• Title: Klaudt v. Flink
• Author : Supreme Court of Montana
• Release Date : January 28, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

State Farm Mutual filed a motion to dismiss Count III of the complaint, which named it as defendant, for failure to state a claim on which relief could be granted. The District - Page 249 Court granted this motion and entered final judgment on May 25, 1982, pursuant to Rule 54(b) M.R.Civ.P. The court used the language contained in the rule in its judgment and stated "the Court, pursuant to Rule 54(b) M.R.Civ.P., having expressly determined that there is no just reason for delay in entering final judgment on said Count III." Thus, correctly certifying the issue to this Court. The failure of the District Court to provide its reasons for certification until after the notice of appeal was filed does not render the certification defective as long as the guidelines in Rule 54(b) M.R.Civ.P. have been complied with. Therefore, our previous contrary holding in Churchill v. Holly Sugar Corp. 1981, Mont., 629 P.2d 758, 38 St.Rep. 860, that no supplemental findings can be considered after notice of appeal is filed is overruled.

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