Reed v. MacPheat

Summary

The Montana Supreme Court affirmed a district court order upholding a temporary restraining order obtained by Mary E. Reed against William R. MacPheat. The Court held that MacPheat had consented to the TRO and had not preserved the arguments raised on appeal, and it found no abuse of discretion. The memorandum opinion was designated noncitable under the Montana Supreme Court Internal Operating Rules.

Holdings

1. The court declined to address MacPheat's novel issues and new arguments because they were not presented to or preserved in the lower court.
2. The court found no abuse of discretion in the temporary restraining order and affirmed the district court's judgment.

Questions Presented

1. Whether the district court erred in affirming the temporary restraining order.
2. Whether the Montana Supreme Court could consider MacPheat's new arguments and objections when they were not preserved in the municipal court record and he had consented to the TRO.

Disposition

affirmed