In the Matter of the Osorio Irrevocable Trust

Summary

The Montana Supreme Court held that an appeal challenging dissolution of a temporary injunction was moot because the property the injunction sought to prevent from being sold had already been sold to a third party. The court affirmed the district court’s order, awarded the trustee attorney fees and costs under Montana’s trust code, and remanded for determination of those fees and costs.

Holdings

1. The appeal was moot because the property had been sold to a third party, the sale the injunction was intended to prevent had already occurred, and reinstating the injunction could not provide effective appellate relief.
2. Linda St. Peter was entitled to costs and expenses incurred in the appeal, including reasonable attorney fees, under Montana Code Annotated § 72-38-1004.

Questions Presented

1. Whether the District Court manifestly abused its discretion by dissolving the temporary injunction preventing the trustee from selling the trust property.
2. Whether the appeal was moot because the property had been sold to a third party and the requested relief—reinstatement of the temporary injunction—could no longer provide effective relief.
3. Whether the appellee was entitled to attorney fees and costs on appeal under Montana Code Annotated § 72-38-1004.

Disposition

affirmed