Ponderosa Pines Ranch, Inc. v. Hevner

¶1 Cherie L. Hevner appeals from an Order Granting Partial Summary Judgment and an Order Awarding Fees and Costs from the Eighteenth Judicial District Court, Gallatin County. We affirm and remand for a determination of attorney’s fees.

¶2 The following issues are dispositive of this appeal:

¶3 1. Did the District Court err in granting summary judgment to Ponderosa Pines Ranch, Inc.?

¶4 2. Did the District Court err in awarding fees and costs under Rule 11 and § 37-61-421, MCA?

¶5 3. Should this Court award Ponderosa Pines Ranch, Inc., attorney’s fees under Rule 32, M.R.App.P?

BACKGROUND

¶6 In the…