Mark J. Fennessy v. Linda Dorrington

Summary

The Montana Supreme Court reviewed the denial of Mark Fennessy's motion to reconsider dismissal of his application for writs of prohibition or mandamus against Libby City Judge Linda Dorrington. The court held that the district court abused its discretion by ruling before Fennessy's response period had expired and without providing the required opportunity for oral argument. The court reversed the dismissal and denial of reconsideration and remanded for further proceedings.

Holdings

1. The district court abused its discretion by refusing to reconsider its dismissal order when the record showed that Fennessy had not received the motion to dismiss and was unable to review or respond to it.
2. The district court abused its discretion by failing to follow Nineteenth Judicial District Court Rule 40(D), which made oral argument mandatory for motions under Rules 52, 56, 59, and 60 unless expressly waived by the parties.

Questions Presented

1. Whether the district court abused its discretion by denying Fennessy's motion to reconsider after dismissing his application without providing him an opportunity to review and respond to the motion to dismiss.
2. Whether the district court failed to comply with Uniform District Court Rule 2 and Nineteenth Judicial District Court Rule 40(D).

Disposition

reversed_and_remanded