Otto v. Montana Department of Fish, Wildlife & Parks

¶1 Appellant Lauryl L. Otto (Otto), in her capacity as personal representative of the estate of Patrick Irish, filed an action in the Montana First Judicial District Court, Lewis and Clark County, to recover damages for the benefit of her minor children for the wrongful death of her former husband, the father of her children, Patrick Irish (Irish). The respondents moved under former Rule 41(e), M.R.Civ.P, to dismiss Otto’s complaint on the grounds that the summonses had not been issued within twelve months of the date of the filing of the *88complaint. The District Court entered an order…