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PUHTO v. SMITH FUNERAL CHAPELS, INC.

No. DA 11-0267.

264 P.3d 1142 (2011)

2011 MT 279

362 Mont. 447

Donald PUHTO and Janet Barrett, Next of kin of deceased, Walter Ukkola, Plaintiffs and Appellants, v. SMITH FUNERAL CHAPELS, INC., dba Smith-Olcott Funeral Chapel, a Montana Corporation, Burt Douthit, individually and in his official capacity and Does 1-5, inclusive, Defendants and Appellees.

Supreme Court of Montana.

Decided November 8, 2011.

Attorney(s) appearing for the Case

For Appellants: William A. D'Alton ; D'Alton Law Firm, P.C.; Billings, Montana.

For Appellees Guy W. Rogers , Jon Wilson ; Brown Law Firm, P.C.; Billings, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 On January 28, 2011, the Thirteenth Judicial District Court entered an order dismissing Donald Puhto's (Puhto) complaint with prejudice. Puhto appeals from the court's denial of his Motion for Relief under M.R. Civ. P. 60(b). We affirm.

¶ 2 The sole issue on appeal is whether the District Court abused its discretion in denying Puhto's motion to set aside the dismissal order and in refusing...

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