Remitz v. Remitz

Justice Ingrid Gustafson delivered the Opinion of the Court.

***424¶1 Petitioner Heather M. Remitz (Heather) appeals from a M. R. Civ. P. 60 Motion for Relief from Judgment ( Rule 60 Motion) deemed denied by the passage of time in the Eighteenth Judicial District Court, Gallatin County. We vacate the District Court's denial of Heather's Rule 60 Motion and remand to the District Court (not the Standing Master) to conduct limited discovery, hold a hearing on the Rule 60 Motion, and issue a ruling thereon.

¶2 We restate the issue on appeal as:

Whether the District Court erred in denying Heather's…