Grimes Motors, Inc. v. Nascimento

Appellant Joseph F. Nascimento appeals from the order of the District Court of the First Judicial District, Lewis and Clark County, State of Montana, dismissing his appeal from the Justice Court order, which dismissed his motion for relief from judgment. We affirm.

The determinative issue on appeal is whether Rule 6(e), M.R.Civ.P., and Rule 6 C, M.J.C.R.Civ.P., apply to an appeal from justice court to district court.

On February 22, 1989, appellant tendered a check for $518.90 to respondent for repairs to his pickup. The bank allegedly returned the check for nonsufficient funds. Appellant…