ANDERSON v. BASHEY

No. 89-308.

787 P.2d 304 (1990)

Clarence D. ANDERSON and Gloria A. Anderson, husband and wife, et al., Plaintiffs and Appellants, v. Michael A. BASHEY and Joyce A. Bashey, Marc Hutchinson and Jane Doe Hutchinson, Donna DeCaro and John Doe DeCaro, Bashey & Company, and Bashey, DeCaro & Company, Defendants and Respondents, and Dana P. Daigle and Ruth D. Daigle, Harry E. Chesman and Deborah T. Chesman, and Michael J. Mulroney, Defendants.

Supreme Court of Montana.

Decided February 2, 1990.

Rehearing Denied March 20, 1990.


Attorney(s) appearing for the Case

Thomas H. Clary, Clary & Clary, Great Falls, Spencer Hall, Jr., Mundt, MacGregor, Happel, Falconer, Zulauf & Hall, Seattle, Wash., for plaintiffs and appellants.

Robert J. Emmons, Emmons & Coder, Great Falls, for Bashey, etc.

Mary C. Eklund, Bittner & Barker, Seattle, Wash., for Bashey, Hutchinson, DeCaro (& Co.).

William E. Fitzharris, Jr., Hallmark, Keating & Abbott, Seattle, Wash., for Chesman.

Geoffrey P. Knudsen, Stoel, Rives, Boley, Jones & Grey, Seattle, Wash., Ronald F. Waterman, Gough, Shanahan, Johnson & Waterman, Helena, for Daigle.

Judith A. Butler, Lukins & Annis, Spokane, Wash., Terry B. Cosgrove, Luxan & Murfitt, Helena, for Mulroney.


SHEEHY, Justice.

Plaintiffs appeal a judgment of the Eighth Judicial District, Cascade County, granting defendant's motion to dismiss for lack of in personam jurisdiction.

Defendants raise the question of whether or not the plaintiffs properly and timely filed their notice of appeal. Having examined the record and the law on the issue, we find the appeal is untimely and we are without jurisdiction to hear it.

The plaintiffs in this action purchased...

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