Preste v. Mountain View Ranches, Inc.

Defendant appeals from an order of the District Court, Gallatin County, granting the motion of third party defendant for a separate trial and continuance.

The issues on appeal are:

1. Whether the District Court abused its discretion in granting the motion of Carl Payrie and Associates, the third party defendant and respondent, for separate trial and continuance?

2. Whether Carl Payne and Associates was an indispensable party within the meaning of Rule 19, M.R.Civ.P., such that judgment rendered in his absence was prejudicial to appellant? •

Defendant-appellant Melvin Palin, owner of land near…