Calcaterra v. Montana Resources

¶1 Karen Calcaterra (Karen) filed a Rule 60(b)(6), M.R.Civ.P., motion for reconsideration and relief from a judgment of dismissal, based on a change in the law, in the Second Judicial District Court, Silver Bow County. The motion was deemed denied after the District Court failed to timely rule on it, and Karen appeals. We affirm.

¶2 The issue on appeal is whether the denial of Karen’s Rule 60(b)(6), M.R.Civ.P., motion was an abuse of discretion.

BACKGROUND

¶3 The underlying case was before us in Calcaterra v. Montana Resources, 1998 MT 187, 289 Mont. 424, 962 P.2d 590. Karen, the surviving…