CERTAIN v. TONN

No. DA 09-0033.

220 P.3d 384 (2009)

2009 MT 330

353 Mont. 21

Bradley J. CERTAIN, Plaintiff and Appellee, v. Terry Lynn TONN, aka Terry Lynn Chavez and George Chavez, Defendants and Appellants.

Supreme Court of Montana.

Decided October 13, 2009.


Attorney(s) appearing for the Case

For Appellants: Peter T. Stanley; Attorney at Law; Billings, Montana.

For Appellee: James T. Carr; Carr Law Firm, P.C.; Miles City, Montana.


Justice JIM RICE delivered the Opinion of the Court.

¶ 1 George Chavez (Chavez) and Terry Lynn Chavez, aka Terry Lynn Tonn, (Terry) appeal the judgment of the Sixteenth Judicial District Court, Custer County, granting summary judgment to Bradley J. Certain (Certain).

¶ 2 Chavez and Terry present two issues on appeal. Because we reverse the District Court's determination that notice was not required to be given to Chavez, which is dispositive, we...

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