Legal Opinion

In re Appeals Improperly Certified as Final Judgments Entered Pursuant to M. R. Civ. P. 54(b)

Montana Supreme Court

Decided December 12, 2007No. AF 07-0735Published

1Opinion of the Court

OPINION AND ORDER

¶1 Since the new Montana Rules of Appellate Procedure went into effect on October 1, 2007, a number of attorneys have filed notices of appeal with this Court reflecting that the appeal is from a judgment certified as final under M. R. Civ. P. 54(b), when, in fact, the judgment appealed from is not one certified as final under M. R. Civ. P. 54(b).

¶2 M. R. Civ. P. 54(b) permits a court faced with multiple parties or multiple claims to enter a final judgment “as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just…

2Cases cited1 opinion

  1. Satterlee v. Lumberman's Mutual Casualty Co.Montana Supreme Court · 2007

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