Pinnow v. Montana State Fund

JUSTICE NELSON,

specially concurring.

¶40 I believe that the Court’s Opinion correctly resolves the issues in this case under the law as it presently stands. With respect to Issue 2, however, though the result we reach is in line with existing precedent, I question whether that precedent is correct, particularly in view of recent decisions of this Court.

¶41 Jurisdiction involves the fundamental power and authority of a court to hear and decide an issue. Stanley v. Lemire, 2006 MT 304, ¶ 30, 334 Mont. 489, ¶ 30, 148 P.3d 643, ¶ 30. Jurisdiction cannot be forfeited, waived, or conferred by the…