Arnold v. Briese

Summary

The Montana Supreme Court affirmed judgments against Russell Arnold arising from a proposed nonjudicial foreclosure and a construction lien filed against the secured property. The court upheld judgment on the pleadings, entry of default and default judgment declaring the construction lien void, and rejection of Arnold's amended filing without leave of court. The decision was designated noncitable under the Montana Supreme Court's internal operating rules, and included a concurrence and dissent.

Holdings

1. The District Court properly entered judgment on the pleadings because Arnold failed to state a cognizable claim or defense that would prevent Briese, as successor trustee, from foreclosing.
2. The District Court did not err in authorizing entry of default or entering judgment declaring Arnold's construction lien null and void.
3. The refusal to accept Arnold's amended petition did not warrant reversal because, after Briese filed an answer, Arnold was required to obtain leave of court or opposing-party consent before amending, and he had no claim upon which relief could be granted.

Questions Presented

1. Whether the District Court properly granted judgment on the pleadings dismissing Arnold's petition to enjoin foreclosure.
2. Whether the District Court properly authorized entry of default and entered default judgment on Briese's counterclaim declaring Arnold's construction lien null and void.
3. Whether the clerk's refusal to accept Arnold's amended petition and related filing denied him access to the courts.

Disposition

affirmed