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WATSON v. WEST

No. DA 08-0640.

218 P.3d 1227 (2009)

2009 MT 342

353 Mont. 120

John WATSON, Plaintiff and Appellee, v. Devra WEST, Defendant and Appellant.

Supreme Court of Montana.

Decided October 20, 2009.

Attorney(s) appearing for the Case

For Appellant: James C. Bartlett, Attorney at Law, Kalispell, Montana.

For Appellee: David M. McLean, Ryan C. Willmore, Browning, Kaleczyc, Berry & Hoven, P.C., Missoula, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Devra West appeals the Twenty-First Judicial District Court's imposition of a default as a sanction under M.R. Civ. P. 16(f) (Rule 16(f)) and its award of damages to John Watson. We affirm in part and vacate and remand in part.

ISSUES

¶ 2 A restatement of the issues on appeal is:

¶ 3 Did the District Court abuse its discretion by striking, as a sanction, West...

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