MacPheat v. Schauf

¶1 William R. MacPheat (MacPheat) appeals from the decision of the Eleventh Judicial District, Flathead County, dismissing his case pursuant to Rule 41(e), M.R.Civ.P.

¶2 We reverse.

¶3 In determining whether the District Court erred, we restate the issues as follows:

¶4 1. Whether Peggy Lee Schauf (Schauf) waived issuance of summons and service of process.

¶5 2. Whether a case must be dismissed under Rule 41(e), M.R.Civ.P, when a summons has issued but is not served within one year of the commencement of the action.

Standard of Review

¶6 In reviewing a district court’s conclusions of law, we…