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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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¶36 In this case, the complaint does not specifically request attorney's fees.
However, the complaint itself was brought pursuant to the Residential
Landlord and Tenant Act. As pointed out earlier, the first count specifically
states that it was brought pursuant to § 70-24-303(1)(d), MCA, and both the
second and third counts specifically reference that Act. The fourth count
incorporates by reference each allegation of the other counts, including the
Act. Both Plaintiffs and Defendants reference the Act several times in the
pretrial order, and the Plaintiffs' trial brief addresses the Plaintiffs' claim that
the Defendants were liable under the Act for failing to properly maintain the
heating system. The Act itself provides that attorney's fees may be awarded
to the prevailing party in an action "arising under this chapter." Section
70-24-442(1), MCA.   Accordingly, although the Plaintiffs did not specifically
request attorney's fees, it should have been apparent to Defendants that if
Plaintiffs prevailed, an award of attorney's fees was possible.   Furthermore,
in the complaint the Plaintiffs requested that they be awarded "other and
further relief as the Court may deem just and proper." This Court liberally
construes pleadings, and under this demand for general relief, the court could
grant Plaintiffs any relief to which they were entitled.