COWAN v. COWAN

No. 03-164.

89 P.3d 6 (2004)

2004 MT 97

Elmer L. COWAN, M. Pauline Cowan and Twila M. Smith, Plaintiffs and Appellants, v. Kathy C. COWAN, a/k/a Kathy Couchois and Dan and Kelley Floyd, Defendants and Respondents.

Supreme Court of Montana.

Decided April 20, 2004.


Attorney(s) appearing for the Case

For Appellants: G. Patrick Hagestad and Perry J. Schneider, Milodragovich, Dale, Steinbrenner & Binney, Missoula, Montana.

For Respondents: Evonne Smith Wells, Missoula, Montana (K.Cowan), David T. Markette, Hamilton, Montana (Floyds).


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

¶ 1 The issue on appeal is whether the District Court's dismissal of the Cowans' and Twila's complaint was incorrect as a matter of law? We affirm.

Factual and Procedural Background

¶ 2 Elmer and Pauline Cowan (the Cowans) are the parents of Twila Smith (Twila) and Arden Cowan (Arden). Arden was married to Kathy Cowan (Kathy). Kathy and Arden separated in 2000 and eventually...

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