Guethlein v. Family Inn

¶1 Family Inn appeals from the order of the Fourth Judicial District Court, Missoula County, dismissing its appeal from the judgment entered against it by the Justice Court. Diane Guethlein (Guethlein) filed a motion to dismiss the appeal as untimely under § 25-33-102, MCA, and for Family Inn’s failure to file an undertaking or cash bond as required by § 25-33-201, MCA. The District Court granted dismissal “for the reasons stated in [Guethlein’s] briefs.”

¶2 We reverse and remand after addressing the following issue:

¶3 Did the District Court err by granting Guethlein’s motion to dismiss Family…