Legal Opinion

VonLutzow v. Leppek

Montana Supreme Court

Decided August 18, 2003No. 02-046PublishedCited by 10 opinions

1Opinion of the CourtJustice Cotter

¶1 Tammy VonLutzow (Tammy) filed a claim in the Lake County District Court, seeking repayment of over $17,000 allegedly provided as loans to Larry Leppek (Larry). The District Court held Tammy was owed only $1,000, concluding that she failed to prove that Larry promised to repay the rest of the funds. Tammy appeals. We reverse and remand for a new trial.

ISSUES

¶2 Tammy presents the following issues on appeal:

1. Did the District Court violate Rule 408, M.R.Evid., when it admitted Defendant’s Exhibit A, a letter Tammy wrote to Larry seeking to settle their financial differences?

2. Did the…

2Cases cited5 opinions

  1. Sacco v. High Country Independent Press, Inc.Montana Supreme Court · 1995
  2. Busta Ex Rel. Busta v. Columbus Hospital Corp.Montana Supreme Court · 1996
  3. Jarvenpaa v. Glacier Electric Cooperative, Inc.Montana Supreme Court · 1998
  4. Finstad v. W.R. Grace & Co.Montana Supreme Court · 2000
  5. Niles v. Big Sky EyewearMontana Supreme Court · 1989

3Cited by10 opinions

  1. McDermott v. CARIE, LLCMontana Supreme Court · 2005
  2. Byrum v. AndrenMontana Supreme Court · 2007
  3. Pannoni v. Board of Trustees, Browning School District No. 9Montana Supreme Court · 2004
  4. Valley Bank v. HughesMontana Supreme Court · 2006
  5. Stockman Bank of Montana v. PottsMontana Supreme Court · 2006

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