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Saddlebrook Invs. v. Krohne Fund.

Supreme Court of Montana
May 30, 2023
DA 23-0281 (Mont. May. 30, 2023)

Opinion

DA 23-0281

05-30-2023

SADDLEBROOK INVESTMENTS. LLC, as Assignee of STUART M. SIMONSEN, Plaintiff and Appellee, v. KROHNE FUND. L.P., SEAN WRIGHT, Defendants, ANTHONY BIRBILIS, Defendant and Appellant.


ORDER

This matter comes before the Court on Defendant and Appellant Anthony Birbilis's notice of appeal from the Thirteenth Judicial District Court, Cause No. DV 15-0391. Birbilis asserts 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 District Court has not certified any orders under Rule 54(b), but our review of the record indicates that such certification is unnecessary. Birbilis appealed after the District Court made dispositive rulings on all matters and entered final judgment. This matter is appealable pursuant to M. R. App. P. 6(1).

IT IS THEREFORE ORDERED that this appeal may proceed.


Summaries of

Saddlebrook Invs. v. Krohne Fund.

Supreme Court of Montana
May 30, 2023
DA 23-0281 (Mont. May. 30, 2023)
Case details for

Saddlebrook Invs. v. Krohne Fund.

Case Details

Full title:SADDLEBROOK INVESTMENTS. LLC, as Assignee of STUART M. SIMONSEN, Plaintiff…

Court:Supreme Court of Montana

Date published: May 30, 2023

Citations

DA 23-0281 (Mont. May. 30, 2023)