HOVELAND v. PETAJA

No. 91-032.

828 P.2d 392 (1992)

Arlin HOVELAND, Wendy Hoveland, individually and as guardian for Danyel Hoveland, Plaintiffs and Appellants, v. Charles E. PETAJA, Defendant and Respondent.

Supreme Court of Montana.

Decided March 24, 1992.


Attorney(s) appearing for the Case

Ronald F. Waterman, Gough, Shanahan, Johnson & Waterman, Helena, for plaintiffs and appellants.

Charles E. Petaja, pro se.


HUNT, Justice.

Appellants Arlin and Wendy Hoveland and their minor child, Danyel, appeal from an order of the First Judicial District Court, Lewis and Clark County, converting a motion to dismiss into a motion for summary judgment without giving notice to the parties and granting the motion for summary judgment in favor of the respondent, Charles E. Petaja.

We reverse and remand.

Appellants raise the following issues for this Court to consider:

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