FUNKE v. ESTATE OF SHULTZ

No. DA 09-0350.

223 P.3d 839 (2009)

2009 MT 411

353 Mont. 492

Ryan FUNKE, Plaintiff and Appellee, v. The ESTATE OF Bert SHULTZ, d/b/a Bayview Center, Defendant, and City of Polson, Defendant and Appellant.

Supreme Court of Montana.

Decided December 1, 2009.


Attorney(s) appearing for the Case

For Appellant: William L. Crowley; Boone Karlberg P.C., Missoula, Montana.

For Appellee: John M. Fitzpatrick; Buxbaum, Daue & Fitzpatrick, PPL, Missoula, Montana.


Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 The Twentieth Judicial District Court, Lake County, denied the City of Polson's post-judgment motion to eliminate the assessment of interest from the judgment entered against it in this matter. The City appeals. We reverse.

¶ 2 The issue is whether the District Court erred in denying the City's motion to remove the assessment of post-judgment...

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