Beehive Homes v. Harding

¶55 I concur in the Court’s resolution of Issues Two and Three. However, with respect to Issue One, while I agree with the Court’s ultimate conclusion that Harding waived its right to a summary judgment hearing, I dissent from the analysis proffered by the Court in support of this conclusion.

¶56 In a series of cases beginning with Cole v. Flathead County, 236 Mont. 412, 771 P.2d 97 (1989), this Court established unequivocally that (1) in the ordinary case, both the movant and the adverse party are “entitled” to a hearing on a motion for summary judgment and, therefore, a district court may…