Legal Opinion

State Ex Rel. Kosena v. District Court of the First Judicial District

Montana Supreme Court

Decided February 22, 1977No. 13700PublishedCited by 12 opinions

1Per curiam

The application for a writ of supervisory control to review and reverse the district court’s denial of summary judgment to relator is denied and this proceeding dismissed.

For the benefit of counsel practicing before this Court in future proceedings we set forth the following reasons for this denial and dismissal. An order denying summary judgment is not an appealable order. Rule 1, M.R.Civ.App.P. Such an order is reviewable on appeal from a final judgment. Rule 2, M.R. Civ.App.P. To permit review of such order prior to final judgment through the device of supervisory control or other…

2Cases cited5 opinions

  1. Switzerland Cheese Assn., Inc. v. E. Horne's Market, Inc.Supreme Court of the United States · 1966
  2. Tyler v. HelveringSupreme Court of the United States · 1941
  3. United States v. FlorianSupreme Court of the United States · 1941
  4. Fraser v. DoingCourt of Appeals for the D.C. Circuit · 1942
  5. Brown v. Midland National BankMontana Supreme Court · 1968

3Cited by12 opinions

  1. Estate of Schwabe v. Custer's Inn Associates, LLPMontana Supreme Court · 2000
  2. Fitzgerald v. Aetna InsuranceMontana Supreme Court · 1978
  3. Pickett v. CorteseMontana Supreme Court · 2014
  4. State Ex Rel. Florence-Carlton Consolidated Schools District 15 & 6 v. District Court of the First Judicial District Ex Rel. County of Lewis & ClarkMontana Supreme Court · 1981
  5. Kinion v. Design Systems, Inc.Montana Supreme Court · 1980

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