T. Kiser v. N. Kiser and McDowell

¶1 Noel D. Kiser and Marie A. McDowell (Noel and Marie) appeal from the Eleventh Judicial District Court’s dismissal of their appeal from the judgment entered against them and in favor of Todd A. Kiser (Todd) in Flathead County Small Claims Court. The District Court dismissed their appeal for failure to file their opening brief on time. We reverse and remand for further proceedings, and address the following issue:

¶2 Did the District Court err by dismissing the appeal from Small Claims Court?

PROCEDURAL AND FACTUAL BACKGROUND

¶3 Todd initiated this action by filing a form complaint against Noel…