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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kunst v. Pass, 1998 MT 71 (1998)

Citation
Kunst v. Pass, 1998 MT 71 (1998)
Parent Document
Kunst v. Pass, 1998 MT 71 (1998)
Jurisdiction
Montana (state)
Effective Date
1998-03-31

Other Sections in This Document (71)

Full Text

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¶8   Before he had decided Plaintiffs' motion, District Court Judge Moran
retired on December 31, 1996. The case was thus reassigned to District Court
Judge Mike Salvagni, who reheard the motion on February 14, 1997. On
March 21, 1997, the court issued an order denying Plaintiffs' request for both
costs and attorney's fees. It held that Plaintiffs' motion for costs was untimely
pursuant to § 25-10-501, MCA. The court also held that the request for
attorney's fees was untimely, because Plaintiffs had not placed Defendants on
notice of a claim for attorney's fees until after the court directed a liability
verdict.   Finally, it held that the Residential Landlord and Tenant Act did not
apply, because the Plaintiffs had not limited their cause of action to a violation
of that statute, and Plaintiffs had prevailed in the directed verdict solely under
the general theory of negligence. Plaintiffs appeal.
                       ISSUE ONE