State Ex Rel. Lovins v. Toole County

Floyd Lee Lovins appeals an order of the Ninth Judicial District Court, Toole County, granting summary judgment to Toole County and the Toole County Commissioners and imposing Rule 11, M.R.Civ.R, sanctions upon Lovins. By order dated July 30,1996, this Court affirmed the District Court’s judgment but reversed the imposition of sanctions, stating that a full opinion would follow.

We restate the issues as:

1. Whether summary judgment must be reversed because supporting affidavits filed with the court were not served upon the opposing party.

2. Whether the District Court erred in granting summary…