Lewistown Propane Co. v. Moncur

¶1 The Moncurs appeal from the Tenth Judicial District Court’s denial of their Rule 60(b) motion. We affirm and remand.

ISSUE

¶2 The issue presented by the Moncurs on appeal is whether the District Court erred in denying their Rule 60(b), M.R.Civ.P., Motion peremptorily and without opportunity for hearing.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 We resolved several issues between these parties in December 2002 in Lewistown Propane v. Moncur, 2002 MT 349, 313 Mont. 368, 61 P.3d 780 (Lewistown I). The issue in the case currently before us arose from the same transaction as the issues in the previous…