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ESTABROOK v. BADEN

No. 96-708.

943 P.2d 1334 (1997)

Peggy ESTABROOK and State Farm Mutual Automobile Insurance Company as Subrogee of Peggy Estabrook, Plaintiffs and Appellants, v. Shawn BADEN, Amy Clark and Harold Smith, Defendants and Respondents.

Supreme Court of Montana.

Decided September 11, 1997.

Attorney(s) appearing for the Case

Tracy Morin; Axelberg & Kalkstein, Missoula, for Plaintiffs and Appellants.

No appearance was made by Defendants and Respondents.

LEAPHART, Justice.

Plaintiff, State Farm Mutual Automobile Insurance Company (State Farm), as subrogee of Peggy Estabrook, appeals from the order of the Second Judicial District Court dismissing its amended complaint with prejudice. We reverse.

Issue Presented

May a court, sua sponte, raise the affirmative defense of the statute of limitations and dismiss a complaint on that basis?

Background

State Farm, as subrogee...

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