Legal Opinion · Dissent

ASPEN TRAILS RANCH, LLC v. Simmons

Montana Supreme Court

Decided April 14, 2010No. DA 09-0358Published

1DissentJustice Leaphart

¶74 I dissent. In my view, the District Court erred in granting Aspen Trail’s post-judgment motion to intervene under M. R. Civ. P. 24.

¶75 Although there is nothing in Rule 24 that precludes post-judgment intervention, such motions are not favored. In re C.C.L.B., 2001 MT 66, ¶ 24, 305 Mont. 22, 30, 22 P.3d 646, 651. “[Tjhere is ‘considerable reluctance on the part of courts to allow intervention after the action has gone to judgment and a strong showing will be required of the applicant. Motions for intervention after judgment ordinarily fail to meet this exacting standard and are denied.’”…

2Cases cited2 opinions

  1. In the Matter of the Adoption of C.C.L.B.Montana Supreme Court · 2001
  2. Hillside Enterprises, Inc. v. Carlisle Corp.District Court, E.D. Missouri · 1996

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