Zimmerman v. Connor

¶1 This is an appeal from the decision and order on motion to dismiss of the First Judicial District Court, Lewis and Clark County, dated August 18,1997, wherein the court granted defendant’s motion to dismiss plaintiffs’ complaint on the basis that the complaint raises matters involving compulsory counterclaims in a related cause of action. We affirm.

BACKGROUND

¶2 In April 1996, Kevin Connor, d/b/a Kevin Connor Construction (Connor), filed a lien foreclosure action against Michael J. Zimmerman and Gail L. Zimmerman (Zimmermans). That cause of action, Lewis and Clark County Cause No. ADV…