Pankrantz Farms v. Pankrantz

• Court: Montana Supreme Court
• Decided: August 10, 2005
• Docket: 05-381
• Status: Published

Opinion

TfiF e;[,'pREX:I,lr CCIIJRT OF THE STATE 01%1.!0N7'1N.4

hlAR5'1X PAKKRATL.

Petitioner,

V. i ORDER i iLIOIITANA SEVENTEEST13 JUDICIAL, 1 DISTR~CT COURT, VALLEY COUNTY, i HONORBLE JOHX C. McKEON, Presiding, 1 Respondent. 1

In our case i'ankmiz Fctnl~s, v. Pcmkriltz, 2004 MT 180,322 Mont. 133,95 P.3d Inc. 671, we decided that thc underlying facts of this case required the District Court to dissol~c the partnership called Pankratz Brothers (the Partnership) pursuant to 5 35-10-624, MCA On remand, the District Court scheduled an evidentlary hearing to determ~ne whether the other partners should be allowed to purchase Marvin Pankratz's interest in the partnership as a dissociation under $ 35-10-624, MCA. Marvin petitioned this Court for a Writ of Supewisory Control to prevent the District Court from considering Marvin's dissociaton from the partnership and ordering the District Court to abide by this Court's decision in Yankratz Farnzs, Inc. Citing State v. Gilder, 2001 MT 121, 7 9, 305 Mont. 362, 7 9, 28 P.3d 488: 71 9, Man:in argues that, under the law of the case doctrine, FJrtnlirut3 Furtns, Inc. binds the District Court. Thus, the argunient goes, since the parties cannot relitigate the same case between the same parties, the District Court must dissolve the partnership according to this f ourt's decision and cannot consider dissociation. FVc agrce. Our decision in Pui~kvutz Frrvrtzs, Inc. stands as written. The Respondents arguc that exceptions to the law ofthe case doctrine apply t this o < ~ - P n r situation, Chey argue

failing to consider cvcnts subsequent to our decision could create a manifest injustice. The - itesponcienss have alleged no facts that couici changtt the reii:iuiion oPPnrlkr~1tz ~ i r i i s ~ F ftiic.

None of the other exceptions to the law of the casc doctrine apply. IT IS HEREBY ORDERED I . Pankratz's petition for a writ of supervisory control is GARANTED. 2. The District Court's January 28,2005. Ordcr Granting Leave to File Supplemental Pleading and to Vacate Hearing is vacated. 3. The District Court's March 23,2005, Order Setting Evidentiary Hearing and May 2, 2005, Modifying Order are vacated. 4. This matter is remanded for dissolution of the Partnership per our decision in Pankvutz Fartzs, Inc. t DATED this &dry of August, 2005.

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. : i &&, - i ,p-.. Justices