Kirchner v. Western Montana Mental Health Center

Marcia Kirchner (Kirchner) appeals a partial summary judgment order of the Fourth Judicial District Court, Missoula County. We dismiss her appeal as premature and remand to the District Court for further proceedings. We also deny the cross-appeal by Western Montana Regional Center (Center) which contends that the District Court lacked jurisdiction to set aside the dismissal because the 45-day time limit under Rule 60(b), M.R.Civ.R, had expired.

Appellant Kirchner, acting pro se, has presented several issues on appeal and respondents have cross-appealed several issues. We consider the following…