Legal Opinion · Concurrence

In Re the Estate of Corrigan

Montana Supreme Court

Decided December 23, 2014No. DA 14-0132Published

1ConcurrenceJustice McKINNON

specially concurs.

¶24 It is my opinion that the District Court correctly found that the Temporary Restraining Order was a valid court order — having never been vacated by a subsequent court order — and that the District Court correctly applied the equitable principles enunciated in Briese v. Montana Public Employees’ Retirement Board, 2012 MT 192, 366 Mont. 148, 285 P.3d 550.1 believe the Court errs in concluding, under the authority of M. R. Civ. P. 4(t)(1), that the TRO was “ineffective” after May 28, 2011.1 Opinion, ¶ 16. In reaching this conclusion, the Court necessarily imposes an…

2Cases cited2 opinions

  1. Briese v. Montana Public Employees' Retirement BoardMontana Supreme Court · 2012
  2. Claire Pesarik v. Gabriel PerjessyMontana Supreme Court · 2008

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