Hollister v. Forsythe

This is an appeal from the July 26, 1994, order of the Montana Sixteenth Judicial District Court dismissing plaintiff Hollister’s claims on the basis that her claims were barred by the applicable statute of limitations. We reverse and remand.

Issue

Under Montana’s “renewal” statute, § 27-2-407, MCA, is the statute of limitations tolled for one year from the date a claim is terminated at the trial court level or is it tolled for one year from the date the claim is terminated at the appeal court level?

Background

Marilyn Hollister worked as a secretary in the Rosebud County Attorney’s Office until…