Legal Opinion
Schmitz v. Vasquez
Montana Supreme Court
Decided December 23, 1998No. 98-235PublishedCited by 15 opinions
1Opinion of the CourtJustice Trieweiler
¶1 The plaintiff, Marilyn Schmitz, commenced this action in the District Court for the Fourth Judicial District in Missoula County, on behalf of herself and her husband, to recover damages which she alleged were caused by the negligence of the defendant, Ned Vasquez, M.D. The District Court dismissed her complaint for failure to comply with the provisions of Rule 41(e), M.R.CivR, related to service of process. Schmitz appeals the order of the District Court. We reverse and remand for further proceedings.
¶2 The issue presented on appeal is:
¶3 Did the District Court err when it dismissed…
2Cases cited6 opinions
- Carbon County v. Union Reserve Coal Co., Inc.Montana Supreme Court · 1995
- Haugen v. Blaine Bank of MontanaMontana Supreme Court · 1996
- Yarborough v. Glacier CountyMontana Supreme Court · 1997
- Hoyt v. EklundMontana Supreme Court · 1991
- Larango v. LovelyMontana Supreme Court · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Brilz v. Metropolitan General InsuranceMontana Supreme Court · 2012
- Janow v. Conoco Pipe Line Co.Montana Supreme Court · 2000
- MacPheat v. SchaufMontana Supreme Court · 1998
- Quamme v. JodsaasMontana Supreme Court · 1998
- Otto v. Montana Department of Fish, Wildlife & ParksMontana Supreme Court · 2000
10 more not listed; retrieve them via the Exa API.