CIOTTI v. HOOVER

No. 88-365.

774 P.2d 406 (1989)

Kenneth CIOTTI and Jordanella Ciotti, Plaintiffs and Respondents, v. Robert HOOVER, Diane Hoover, John Gerletti, and Jennifer Hendrix, Defendants and Appellants.

Supreme Court of Montana.

Decided June 6, 1989.


Attorney(s) appearing for the Case

Timothy J. Lape, Polson, for defendants and appellants.

Thomas Alan Kragh, Rosscup & Kragh, Polson, for plaintiffs and respondents.


SHEEHY, Justice.

The appeal of the defendant John Gerletti from a judgment entered in the District Court of the Twentieth Judicial District, Sanders County, concerns the necessity of appointing three referees in a partition action as required by statute. Because we find the statute was not followed in the District Court, we reverse the judgment and remand for further proceedings.

There are four issues for review by...

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