Street v. Zablotney

Summary

The Montana Supreme Court denied the respondent's motion to dismiss an appeal because the notice of appeal failed to state whether the action was subject to mediation under Montana appellate rules. The Court concluded that dismissal would be too harsh given the district clerk's failure to notify appellants of the defect and the parties' subsequent stipulation to complete mediation, with separate concurring opinions addressing waiver and the continuing validity of Dobrocke.

Holdings

1. The appeal should not be dismissed despite the notice of appeal's noncompliance because dismissal would be too harsh under the circumstances presented.

Questions Presented

1. Whether the appeal should be dismissed because the notice of appeal failed to comply with Rules 4(c) and 54, M.R.App.P., by omitting whether the action was subject to mediation.
2. Whether dismissal was an unduly harsh remedy in light of the clerk's failure to notify appellants of the defect, the parties' subsequent mediation stipulation, and the expenses incurred in preparing the record.

Disposition

other