Grenz v. Montana Department of Natural Resources & Conservation

¶64 No final judgment or order has been issued in this case by the District Court nor has the District Court certified this case for appeal pursuant to M. R. Civ. P. 54(b). Consequently, I dissent from this Court’s decision to address the merits of this case.

¶65 “A party may appeal from a final judgment in an action or special proceeding and from those final orders specified in sections (2), (3), and (4) of this rule.” M. R. App. P. 6(1) (emphasis added); see also Satterlee v. Lumberman’s Mut. Cas. Co., 2007 MT 325, ¶ 12, 340 Mont. 176, 178 P.3d 689.

¶66 In its August 7,2009 Order, the…