Summary
The Montana Supreme Court affirmed the Gallatin County District Court in a contract dispute involving damages, arbitration, default judgment, and a motion for relief under Montana Rule of Civil Procedure 60(b). The Court held that the District Court did not abuse its discretion in denying a request to reschedule the damages hearing, admitting unchallenged evidence, finding waiver of arbitration, or denying relief from default. The case was decided by memorandum opinion under the Montana Supreme Court’s internal operating rules and is noncitable.
Holdings
- The District Court did not abuse its discretion in denying Wolf’s motion to reschedule because Wolf had adequate notice and failed to show good cause for an extension.
- The District Court did not abuse its discretion in admitting appellees’ unchallenged evidence and did not err in determining, based on that evidence, that Wolf waived his contractual right to arbitrate.
- The District Court properly denied Wolf’s motion for relief from the default judgment because Wolf failed to present sufficient evidence to establish good cause.
- The court declined to consider Wolf’s undeveloped constitutional claim because he provided no legal argument or supporting authority.
Questions Presented
- Whether the District Court abused its discretion by denying Wolf’s motion to reschedule the damages hearing.
- Whether the District Court erred in admitting unchallenged evidence at the damages hearing and determining that Wolf waived his contractual right to arbitrate.
- Whether the District Court erred in denying Wolf’s motion under Montana Rule of Civil Procedure 60(b) to set aside the default judgment.
- Whether Wolf adequately presented a constitutional claim concerning an alleged impairment of his right to contract.
Disposition
affirmed
Cases Cited (3)
- Wolf’s Interstate Leasing & Sales, L.L.C. v. Banks, 2009 MT 354, 353 Mont. 189, 219 P.3d 1260(followed)
- Fink v. Williams, 2012 MT 304, ¶ 18, 367 Mont. 431, 291 P.3d 1140(followed)
- Grizzly Sec. Armored Express, Inc. v. Bancard Servs., 2016 MT 287, ¶ 59, 385 Mont. 307, 384 P.3d 68(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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