White v. Klosterman

¶1 The Plaintiff, Debra White, brought this action in the District Court for the Thirteenth Judicial District in Yellowstone County to recover damages from the Defendant, Ronald Klosterman, for breach of contract. The District Court held that White’s return of service of summons was not filed with the clerk of court on time and granted Klosterman’s motion to dismiss. White appeals from the dismissal of her claim. We reverse the judgment of the District Court.

¶2 The following issue is presented on appeal:

¶3 Did the District Court err when it held that White’s return of service was late and in…