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IN RE ESTATE OF BENNETT

No. OP 13-0294.

308 P.3d 63 (2013)

2013 MT 230

In the Matter of the ESTATE of Jeremiah BENNETT.

Supreme Court of Montana.

August 20, 2013.

Attorney(s) appearing for the Case

For petitioners Abel and Judy Bennett: Lon J. Dale , Gerald W. Steinbrenner , and Michael D. Bybee of Milodragovich, Dale & Steinbrenner, P.C., Missoula, MT.

For respondent Sabrina Bennett: Keith W. McCurdy of McCurdy Law Firm, P.C., Polson, MT; and Robert Terrazas and Julia D. Goodkind of Terrazas Law Office, Missoula, MT.

OPINION AND ORDER

¶ 1 Abel Robert Bennett and Judy Bennett have petitioned this Court to exercise supervisory control over the Twentieth Judicial District Court, and determine the District Court is proceeding under a mistake of law by its April 18, 2013 order holding that Bennetts are not entitled to claim damages resulting from the wrongful death of their adult son, Jeremiah Bennett. We grant the petition.

BACKGROUND

¶ 2 The underlying...

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