From Casetext: Smarter Legal Research

Harmon v. Gee

Supreme Court of Montana
May 9, 2023
DA 23-0235 (Mont. May. 9, 2023)

Opinion

DA 23-0235

05-09-2023

NATHAN HARMON, Plaintiff and Appellee, v. DAVID E. GEE, DAVID A. GEE, NUVIEW IRA, INC., f/b/o DAVID E. GEE IRA and NUVIEW IRA, INC., frb/o DAVID A. GEE IRA, Defendants and Appellants.


ORDER

Defendants and Appellants David E. Gee, David A. Gee, Nuview IRA, Inc., f/b/o David E. Gee IRA and Nuview IRA, Inc., f/b/o David A. Gee IRA (Gee) filed a notice of appeal from the Fifteenth Judicial District Court, Roosevelt County, Cause No. DV 20-0038. We have amended the caption to reflect the proper parties in this appeal.

Gee assert that this appeal is not taken from a final judgment as he is appealing only a specific order in the case entered February 22,2023, and not appealing the final order in the case which was issued against a different defendant, who has not appealed, on March 28, 2023. Thus, Gee asserts that this matter is on appeal pursuant to M. R. Civ. P. 54(b).

Gee misunderstands the applicability of Rule 54(b). Under Rule 54(b)(1), when an r 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, Gee did not seek Rule 54(b) certification from the District Court. However, certification is unnecessary as he appealed after final judgment was entered in the District Court. This matter is appealable pursuant to M. R. App. P. 6(1).

IT IS THEREFORE ORDERED that this appeal may proceed.

The Clerk is directed to provide copies of this Order to all counsel of record.


Summaries of

Harmon v. Gee

Supreme Court of Montana
May 9, 2023
DA 23-0235 (Mont. May. 9, 2023)
Case details for

Harmon v. Gee

Case Details

Full title:NATHAN HARMON, Plaintiff and Appellee, v. DAVID E. GEE, DAVID A. GEE…

Court:Supreme Court of Montana

Date published: May 9, 2023

Citations

DA 23-0235 (Mont. May. 9, 2023)