Westview v. Lockhart

Opinion

01/18/2023

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0358

DA 22-0358 and DA 22-0498 _________________

WESTVIEW MOBILE HOME PARK, LLC,

Plaintiff, Appellee, and Cross-Appellant,

v.

DAVID LOCKHART AND DOREEN LOCKHART,

Defendants and Appellants.

ORDER GREENER MONTANA PROPERTY MANAGEMENT, LLC, TRAVIS MARTINEZ, Individually and KRISTYN MARTINEZ, Individually,

Plaintiffs and Appellees,

v.

HYDI CUNNINGHAM,

Defendant and Appellant. _________________ Before this Court are two appeals that originate from different District Courts and involve unrelated parties but present the same legal issue: whether a month-to-month

mobile home lot-only tenancy may be lawfully terminated upon thirty days’ notice. In

Westview Mobile Home Park, LLC, v. David Lockhart and Doreen Lockhart, DA 22-0358, Appellants David Lockhart and Doreen Lockhart have moved to consolidate these two

appeals pursuant to M. R. App. P. 4(3)(b). In Greener Montana Property Management,

LLC, et al. v. Hydi Cunningham, DA 22-0498, Appellant Hydi Cunningham has moved this Court to consolidate the appeals only so far as asking the Court to wait for both cases to be fully briefed before ruling on either appeal. Neither Appellant has requested any

modifications to the normal briefing schedule. No Appellees have filed opposition to either

motion. At present, Lockharts have filed their Opening Brief in DA 22-0358 and the Answer

Brief of Appellee Westview Mobile Home Park, LLC, is due February 27, 2023. In

DA 22-0498, Cunningham’s Opening Brief is due February 17, 2023. Under M. R. App. P. 4(3)(b), this Court may consolidate appeals either upon its own

motion or upon motion of the parties. At this juncture, we will allow briefing of both

appeals to continue under their respective briefing schedules. After both matters are fully briefed, we will determine if consolidation is warranted.

IT IS THEREFORE ORDERED that the motion to consolidate is TAKEN UNDER

ADVISEMENT. The Clerk is directed to serve a copy of this Order upon all counsel of record.

2 Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court January 18 2023