Trust B Under the Last Will of DeWitt C. Dunham Wells Fargo Bank, N.A. v. Kaml

¶1 Appellant Wells Fargo Bank appeals an order of the Eighth Judicial District Court, Cascade County, granting Appellees Zona Kami and Rose Ployhar’s M. R. Civ. P. 59 motion for a new trial. We affirm and remand.

¶2 We restate the issues on appeal as follows:

¶3 1. Did the District Court err by granting a new trial pursuant to § 25-11-102, MCA, which specifies the grounds for a new jury trial, rather than § 25-11-103, MCA, which specifies the grounds for a new bench trial, and did its order fail to state the grounds for granting a new trial with sufficient particularity under Rule 59?

¶4 2. Are…