Schmid & Powers v. Notti

Opinion

CUGINAL 08/23/2022

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0362

DA 22-0362 1-iLLJ CHRISTINA SCHMID and JENNIFER POWERS, AUG 2 3 2022 Bowen Greenwood Clerk of Supreme Court Plaintiffs and Appcllants, State of IVIontana

v. ORDER JAE NOTTI, SUSIE NOTTI, and ET CATTLE COMPANY, LLC,

Defendants and Appellees.

Plaintiffs and Appellants Christina Schmid and Jennifer Powers filed a notice of

appeal from the Stipulated Final Order Resolving All Pending Claims of the Sixteenth

Judicial District Court, Cause No. DV-38-2019-2587. Appellants assert that this appeal is taken from an order certified as final by the

District Court pursuant to M. R. Civ. P. 54(b). Under Rule 54(b)(1), when an action presents

more than one claim for relief or when multiple parties are involved the court may direct entry of a final judgment as to one or more, but fewer than all claims or parties only if the

court expressly determines that there is no just reason for delay. In the present case, the

order being appealed purports to resolve all claims against all parties; therefore, certification is unnecessary. This matter is appealable pursuant to M. R. App. P. 6(1).

IT IS THEREFORE ORDERED that this appeal may proceed. The Clerk is directi:d fito provide copies of this Order to all counsel of record. DATED this e-1 —aay of August, 2022.

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