A.M. Welles, Inc. v. Montana Materials, Inc.

¶1 A.M. Welles, Inc., (Welles) and the State of Montana appeal dispositive orders from the Fourth Judicial District Court, Missoula County. The following issues resolve the appeals:

1. Whether the District Court correctly denied summary judgment to Welles.

2. Whether the District Court abused its discretion by dismissing the State’s action against Liberty Mutual Fire Ins. Co. for failure to prosecute.

We conclude that Welles is entitled to summary judgment in its action against Jensen, and that the State’s action against Liberty should be reinstated. We vacate and remand.

PROCEDURAL AND FACTUAL…