McAtee v. Whitefish Credit Union

¶1 This appeal comes from the District Court’s grant of a motion to dismiss finding McAtee’s amended complaint constituted improper serial litigation.

¶2 We restate the issue on appeal as follows:

Did the District Court err in granting defendants’ motion to dismiss McAtee’s amended complaint when it found that the action constituted improper serial litigation pursuant to § 3-1-502, MCA?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 McAtee is the owner of The Mortgage Source (TMS), a mortgage company that brokered loans under a line of credit with Whitefish Credit Union (WCU). McAtee brokered a…