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FORSYTHE v. LEYDON

No. 04-308.

102 P.3d 25 (2004)

2004 MT 327

324 Mont. 121

Robyn FORSYTHE, Plaintiff and Respondent, v. Ariadne LEYDON, Defendant and Appellant.

Supreme Court of Montana.

Decided November 23, 2004.

Attorney(s) appearing for the Case

For Appellant: Lyman H. Bennett, III, Bozeman, Montana.

For Respondent: Geoffrey C. Angel, Angel Law Firm, Bozeman, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Ariadne Leydon appeals from the District Court's grant of a new trial to Robyn Forsythe. We reverse.

¶ 2 We restate the issue on appeal as follows:

¶ 3 Did the District Court lack jurisdiction to grant Forsythe's motion for a new trial outside of the 60-day deadline mandated by Rule 59(d), M.R.Civ.P.?

FACTUAL AND PROCEDURAL BACKGROUND

¶ 4 Forsythe...

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