Yeager v. Anderson Dba Superior

Summary

The Montana Supreme Court affirmed the dismissal with prejudice of Michael Yeager’s complaint against Dick Anderson, Diana Anderson, and Superior Auto Body & Tow, Inc. The Court held that the District Court did not abuse its discretion by striking Yeager’s repeatedly lengthy, repetitive, confusing, and vitriolic pleadings for failure to comply with Montana Rule of Civil Procedure 8. The memorandum opinion is designated noncitable and nonprecedential.

Holdings

1. The district court did not abuse its discretion by striking Yeager's fourth complaint and dismissing the action with prejudice because Yeager failed to make the complaint short, simple, concise, and direct after being warned and given an opportunity to amend.
2. The denial of Yeager's motion to consolidate did not require reversal because the Supreme Court had already held that denying consolidation was not an abuse of discretion.

Questions Presented

1. Whether the district court abused its discretion by striking Yeager's fourth complaint and dismissing the action with prejudice under Montana Rules of Civil Procedure 8 and 41(b).
2. Whether the district court's refusal to consolidate the action with the agister's lien action required reversal.
3. Whether Yeager's other appellate arguments warranted relief despite being inapplicable, unpreserved, or previously adjudicated.

Disposition

affirmed