JOHNSTON v. FLYING S TITLE & ESCROW, INC.

No. DA 22-0486.

2024 MT 39

GILBERT R. JOHNSTON and JUDITH A. JOHNSTON, husband and wife; STEPHEN R. GIBBS; SCOTT SHONE; DONALD S. SMITH and BRENDA J. SMITH, husband and wife as trustees of the Donald S. Smith and Brenda J. Smith AB Living Trust; RACHELLE AMBER McCRACKEN; MICHAEL ALLEN McCRACKEN; SEAN JUSTIN SMITH; GERALD B. WOODAHL and SUSAN A. WOODAHL, husband and wife; JEFFREY M. HOLLENBACK; JIM S. FERGUSON; ERIC W. SMART and STEPHANIE NICOLE SMART, husband and wife; NANCY CORDIAL; EDS INVESTMENTS, LLC, an Arizona limited liability company; NEWS DEVELOPMENT, LLC a Montana limited liability company; and JCO PROPERTIES, LLC, a Montana limited liability company, Plaintiffs and Appellants, v. FLYING S TITLE & ESCROW, INC., f/k/a FIRST AMERICAN TITLE COMPANY, Defendant and Appellee.

Supreme Court of Montana.

Decided: February 27, 2024.


Attorney(s) appearing for the Case

David B. Cotner , Kyle C. Ryan , Brian T. Geer , Cotner Ryan Law, PLLC, Missoula, Montana, for Appellants.

Michael S. Dockery , Jeffrey M. Roth , Jeffrey R. Kuchel , Crowley Fleck PLLP, Missoula, Montana, for Appellee.


¶1 Appellants Gilbert and Judith Johnston et al. (collectively "Appellants") appeal the order of the Fourth Judicial District Court, Missoula County, granting summary judgment to Appellee Flying S Title and Escrow, Inc., (Flying S)1 in the litigation they...

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