Legal Opinion

O'CONNELL v. Heisdorf

Montana Supreme Court

Decided December 29, 1982No. 82-072PublishedCited by 5 opinions

1Opinion of the CourtJustice Shea

The plaintiff, Brian J. O’Connell appeals from a Powell County District Court judgment quieting title to certain mining properties in favor of the defendants, Joseph Heisdorf, et al. and declaring O’Connell’s mining claims to be void. O’Connell has challenged the sufficiency of the evidence. We dismiss the appeal because the notice of appeal was filed too late, thereby depriving this court of jurisdiction.

Our discussion is limited to the procedural defects upon which we base the dismissal. There are three defects, any one of which requires a dismissal for lack of jurisdiction.

The original…

2Cases cited5 opinions

  1. Price v. ZunchichMontana Supreme Court · 1980
  2. Winn v. WinnMontana Supreme Court · 1982
  3. Kelly v. Sell & Sell Paint ContractorsMontana Supreme Court · 1978
  4. Oster v. OsterMontana Supreme Court · 1980
  5. Matter of Estate of GordonMontana Supreme Court · 1981

3Cited by5 opinions

  1. Anderson v. BasheyMontana Supreme Court · 1990
  2. Detienne Associates Ltd. Partnership v. Montana Rail Link, Inc.Montana Supreme Court · 1993
  3. In Re the Estate of StinsonMontana Supreme Court · 1989
  4. State v. ClarkMontana Supreme Court · 2008
  5. State v. ClarkMontana Supreme Court · 2008

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