Legal Opinion

In Re the Marriage of Eslick

Montana Supreme Court

Decided March 5, 2013No. DA 12-0417PublishedCited by 3 opinions

1Opinion of the CourtJustice Cotter

¶1 David Michael Eslick (David) appeals from a default final decree of dissolution entered by Montana’s Fourth Judicial District Court, Missoula County, after David failed to appear at the final pretrial conference. The District Court entered a default in David’s absence after refusing to grant his motion for a continuance of the dissolution proceedings due to an unexpected hospitalization. David alleges that the District Court erred by not granting his motion for a continuance. We reverse the District Court’s entry of a default decree and remand to allow David to appear at a final pretrial…

2Cases cited6 opinions

  1. Cherry Creek School District 5 v. Voelker Ex Rel. VoelkerSupreme Court of Colorado · 1993
  2. Young v. RedmanCalifornia Court of Appeal · 1976
  3. In Re Marriage of PospisilMontana Supreme Court · 2000
  4. In Re the Marriage of FishbaughMontana Supreme Court · 2002
  5. Marriage of Rhonda and Donald DamscMontana Supreme Court · 2011

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Marriage of Phillips & BucknumMontana Supreme Court · 2020
  2. Matter of I.L.E. YINCMontana Supreme Court · 2017
  3. Odom v. Bank of N.Y. MellonMontana Supreme Court · 2020

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