Estate of Pruyn v. Axmen Propane, Inc.

OPINION AND ORDER

¶1 On June 27, 2008, the Fourth Judicial District Court, Missoula County, entered its opinion and order granting summary judgment to Axmen Propane, Inc. (Axmen) and denying the cross-motion for summary judgment filed by Earl M. Pruyn, who died shortly before the District Court’s order. The District Court subsequently substituted Pruyn’s estate (Estate) as the plaintiff. The record contains no indication that either party served notice of entry of judgment, as contemplated in M. R. Civ. P. 77(d). On July 25, 2008, the Estate, acting through its personal representative, filed a…