Castonguay v. Estate of Polson

specially concurs.

¶18 I concur in the result reached in our Opinion based on the Court’s analysis of extrinsic fraud. Unfortunately, Castonguay’s opportunity to demonstrate-by way of a separate action, under § 40-4-253(5), MCA-that Poison actually might have committed fraud and perjury in the dissolution proceedings was already short-circuited by this Court. See, Polson v. Polson, 2005 MT 185, 328 Mont. 49, 121 P.3d 1004. I continue to believe that Castonguay was improperly denied her day in court in that case.