Legal Opinion · Concurring in part, dissenting in part

In Re the Marriage of K.E.V.

Montana Supreme Court

Decided October 25, 1994No. 93-427Published

1Concurring in part, dissenting in partJustice Trieweiler

specially concurring in part and dissenting in part.

I concur with that part of the majority’s opinion which affirms the District Court’s finding and conclusion that the doctrine of equitable estoppel precludes M.L.V. from contesting the presumed father-child relationship between K.E.V. and K.R.V.

I dissent from that part of the majority’s opinion which concludes that M.L.V.’s challenge to K.E.V.’s paternity is not barred by the statute of limitations found at § 40-6-108(l)(b), MCA (1983).

The majority’s conclusion that M.L.V.’s challenge to K.E.V.’s paternity was not barred by the statute of…

2Cases cited5 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Mills v. HabluetzelSupreme Court of the United States · 1982
  3. Pickett v. BrownSupreme Court of the United States · 1983
  4. State of Arizona v. SasseMontana Supreme Court · 1990
  5. In re W.C.Montana Supreme Court · 1983

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