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WELLS FARGO BANK v. TALMAGE

No. 05-706.

152 P.3d 1275 (2007)

2007 MT 45

WELLS FARGO BANK, Plaintiff and Respondent, v. John Robert TALMAGE, d/b/a Talmage Auto Center, Defendant and Appellant.

Supreme Court of Montana.

Decided February 21, 2007.

Attorney(s) appearing for the Case

For Appellant: William L. Managhan and Santana Kortum-Managhan, Managhan & Kortum-Managhan Law Firm PLLC, Kalispell, Montana.

For Respondent: Thane P. Johnson, Werner, Epstein & Johnson, PLLC, Cut Bank, Montana.

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

¶ 1 Plaintiff Wells Fargo Bank (Wells Fargo) sued John Talmage, alleging he owed $112,250.84 on an overdue credit card account, including cash advances and other credit. Talmage, acting pro se, filed a motion to dismiss, alleging the action was subject to an arbitration award. The District Court denied the motion to dismiss after concluding that the arbitration agreement only applied to disputes...

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