Legal Opinion · Concurring in part, dissenting in part
Green v. Gerber Stockton Oil
Montana Supreme Court
Decided February 12, 2013No. DA 12-0054Published
1Concurring in part, dissenting in partChief Justice McGRATH
¶45 While I concur with the majority opinion, I write separately on the narrow issue addressing the standard to be used to set aside a default judgment raised by the cross-appeal. I concur with the Court’s determination that the trial court did not abuse its discretion, but I dissent from the majority’s application of the three-part test used in Essex Ins. Co. v. Moose’s Saloon, Inc., 2007 MT 202, ¶ 16, 338 Mont. 423, 166 P.3d 451, and other opinions.
¶46 The majority opinion makes clear that our case law is confusing, convoluted, and far too complex. It does not need to be. I agree with the…
2Cases cited15 opinions
- Gonzalez v. CrosbySupreme Court of the United States · 2005
- Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988
- Ackermann v. United StatesSupreme Court of the United States · 1950
- Klapprott v. United StatesSupreme Court of the United States · 1949
- Essex Insurance v. Moose's Saloon, Inc.Montana Supreme Court · 2007
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