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Kalispell, Montana
Flathead

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In re the Marriage of: David Rodman Ash and Bree Elliot
Kalispell, Montana family law lawyers represented husband and wife in a divorce. Ash and Elliot married on July 1, 2015. They separated on June 15, 2022, and their divorce was finalized on July 13, 2023. The seven-year union was the second marriage for both, and each had two adult children from previous relationships. At the time of dissolution, Ash was 65 years of age and Elliot was...
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( 11-19-2024 - MT)

Paul Phillips Bardos and Mary L. Bardos v. Robert L. Spoklie
Kalispell, Montana real property lawyers represented the parties in a dispute over the use of an easement. Bardos sued for injunctive relief, asserting trespass, nuisance, and quiet title actions against Spoklie regarding the two easements, and requested a temporary restraining order. The District Court denied the request and set a show cause hearing for issuance of a preliminary inj...
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( 11-19-2024 - MT)

In re the Marriage of: Christine P. Lee French and Bayne A. Lee French
Kalispell, Montana family law lawyers represented wife and husband in a divorce action seeking dissolution of their marriage. After two years of litigation in the District Court, the court issued its Findings of Fact, Conclusions of Law, and Decree of Dissolution on May 16, 2024. Bayne filed a Notice of Entry of Decree of Dissolution on May 17, 2024. Bayne states that on June 13, 202...
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( 11-19-2024 - MT)

Erika Dawn Peterson-Weilacher v. Scott Matthew Weilacher
Kalispell, Montana family law lawyers represented the parties in protective order dispute. On January 18, 2023, Erika Dawn Petersen-Weilacher (Erika) petitioned the District Court pursuant to § 40-15-201, MCA, for a temporary order of protection based on assertions that during a December 28, 2022, incident at the Columbia Falls residence where she and Scott lived,...
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( 08-27-2024 - MT)

Erika Dawn Peterson-Weilacher v. Scott Matthew Weilacher
Kalispell, Montana divorce lawyers represented the parties in a marriage dissolution action involving domestic violence and protective orders. On January 18, 2023, Erika Dawn Petersen-Weilacher (Erika) petitioned the District Court pursuant to § 40-15-201, MCA, for a temporary order of protection based on assertions that during a December 28, 2022, incident at the Colu...
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( 08-27-2024 - MT)

State of Montana v. Jonathan Douglas Shaw
Kallispell, Montana criminal defense lawyer represented Defendant charged with deliberate and attempted deliberate hoicide. Jonathan Douglas Shaw, age 37, shot and killed the Fuel Fitness manager in the gym's parking lot in 2021 out of fear that the employee was about to attack him. The case was prosecuted by John Donovan. ...
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( 07-13-2023 - MT)

State of Montana v. Grant Alan West
Kellispell, Montana criminal law lawyer represented Defendant, charged with robbery, aggravated kidnapping and criminal possession of dangerous drugs. Grant Alan West, age 38, of Columbia Falls, Montana was of using a firearm to stage a holdup on Apirl 13, 2022. He walked into a pharmacy located on Ninth Street in Kallispell with a gun and demand Percocet. Defendant forced the employees ...
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( 01-05-2023 - MT)

Michael A. Santacroce v. Kenneth G. Ferron
Kalispell, Montana divorce lawyers represented the parties seeking to dissolve their marriage. ¶2 Kennith G. Ferron (Ferron) appeals from the Findings of Fact, Conclusions of Law and Order, and Judgment With Permanent Injunction entered by the Eleventh Judicial District Court, Flathead County, granting Michael A. Santacroce (Santacroce) injunctive relief and awarding Santacroce atto...
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( 10-11-2022 - MT)

State of Montana v. Ronald Alan Hummel
Flathead, Montana criminal defense lawyer represented Defendant charged with driving under the influence of (DUI). ¶3 On April 7, 2019, law enforcement responded to the Dairy Queen parking lot in Columbia Falls after Robert Smith called law enforcement to report a potential drunk driver. When Officer Tyler English arrived at the scene, he found Hummel near his motorcycle with his pa...
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( 06-28-2022 - MT)

J & L Lands, L.P. v. Jerry W. Nezat
Kalispell, Montana real property law represented Plaintiff, who sued Defendant seeking a portion of the sale of a homestead. ¶2 Nezat and his late wife Dixie Nezat were married for 45 years. Dixie died in October 2008. The couple owned a 20-acre tract of land (the “Property”) in Flathead County as tenants-in-common. In 1996, they built a home on the Property and filed a ...
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( 06-07-2022 - MT)

State of Montana v. Bradley Jay Hillious
Kalispell, Montana criminal defense lawyer represented Defendant charged with killing his wife. Bradley Jay Hillious, age 35, was charged with first-degree murder for killing his wife, Amanda Hillious, and then claiming she fell down the stairs accidentally. The State claimed that Hillious strangled his wife in a deliberate act that caused her death. Defendant's lawye...
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( 01-14-2022 - MT)

State of Montana v. Joseph Walter Bedker
Kalispell, MT - The State of Montana charged Joseph Walter Bedler with assault and batter by strangulation and sexual assault. The victim claimed that Bedker dragged her off of her bed and assaulted and battered her during a domestic dispute....
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( 01-07-2019 - MT)

In the Matter of J.J.L.B.
¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2006, the following decision shall not be cited as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and its case title, Supreme Court cause number and disposition shall be included in this Court’s quarterly list of noncitable cases pub...
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( 01-27-2015 - MT)

In the Matter of J.A.B. and L.M.F.
¶1 N.W. (Mother) and J.B. (Father) appeal from orders of the Eleventh Judicial District Court, Flathead County, terminating Mother’s parental rights to her children L.M.F. and J.A.B., and Father’s rights to his child J.A.B. We affirm. ¶2 We restate the following issues for review: 1. Did the District Court abuse its discretion when it terminated Mother’s parental rights...
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( 01-27-2015 - MT)

Robert Hurly v. Lake Cabin Development, LLC
¶1 Appellants Robert Hurly, Dirk Hurly, Irene Jones, and Candace Krewer (collectively the “Robert Hurly family”) appeal the Eleventh Judicial District Court’s judgment in favor of Lake Cabin Development, LLC (Lake Cabin). Appellants raise the following issues:¶2 1. Whether the District Court erred in determining there was no enforceable contract between the parties.¶3 2. W...
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( 04-10-2012 - MT)

Ernest Wilcock v. Brandi Wilcock
¶1 Pursuant to Section I, Paragraph 3(d), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.¶2 This matter arises out of t...
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( 08-02-2011 - MT)

Mike Touris v. Flathead County
¶1 Mike Touris and Chuck Sneed (“Touris”) appeal from an order of the District Court, Eleventh Judicial District, Flathead County, granting summary judgment in favor of Flathead County, Bigfork Land Use Advisory Committee, Flathead County Planning Board, Flathead County Board of Commissioners, Flathead County Planning and Zoning Office, Flathead County Zoning Administrator Jeff Harris, and Do...
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( 07-12-2011 - MT)

Carol A. Walters v. Flathead Concrete Products, Inc.
¶1 The Eleventh Judicial District Court, Flathead County, granted summary judgment to Flathead Concrete Products, Inc. (FCP), on the grounds that § 39-71-411, MCA, the exclusive remedy provision of the Workers’ Compensation Act (WCA or Act), bars Carol Walters’ (Walters) survivorship and wrongful death claims against FCP arising from the work-related death of her son, Timothy Walters (Tim). ...
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( 03-16-2011 - MT)

JIL Group, Inc. v. New Outlook, L.L.P.
¶1 New Outlook, LLP (New Outlook), appeals from a grant of partial summary judgment, an order of judgment following a bench trial, and an award of attorney fees in the Eleventh Judicial District Court. We affirm.FACTUAL AND PROCEDURAL BACKGROUND¶2 In 2004, New Outlook was the owner and developer of a five-lot residential subdivision near Kalispell, Montana, known as Cheery Lynn S...
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( 01-05-2010 - MT)

Robert J. Beasley v. Flathead County, et al.
¶1 Robert J. Beasley (Beasley) appeals from an order of the Eleventh Judicial District Court, Flathead County, that granted the motion to dismiss filed by Flathead County, Flathead County Board of Adjustment and the Flathead County Zoning Administrator Jeff Harris (collectively Flathead County). We affirm.¶2 We review the following issue on appeal:¶3 Whether the District Court p...
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( 04-08-2009 - MT)

James Anthony Neal v. Jeremy Jay Nelson
¶1 Appellant James Anthony Neal (Neal) was injured when the vehicle he was driving was rear-ended by a vehicle driven by Appellee Jeremy Jay Nelson (Nelson). After a jury trial in the Eleventh Judicial District Court, Flathead County, Neal was awarded $7,358.56 in damages and $1,275.00 in attorney fees. Neal appeals and Nelson cross-appeals. We affirm.¶2 We address the following issues o...
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( 12-16-2008 - MT)

Davar and Todd Gardner v. John Stokes and KGEZ
Davar and Todd Gardner sued John Stokes and KGEZ on a defamation theory claiming that Stokes made several false statements about them on the air after they filled a separate lawsuit against him in 2001 regarding property assessments. Stockes had claimed that he had an ownership interest in a 160-acre property owned by the Gardners upon which the radio station had erected two radio towers. St...
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( 09-20-2008 - MT)

John M. Phelps and John Phelps, P.C. v. Sean S. Frampton and Sean S. Frampton, P.C.
1 John M. Phelps and John M. Phelps, P.C. (collectively, "Phelps") appeal from the order and final judgment of the District Court for the Eleventh Judicial District, Flathead County, granting summary judgment in favor of Sean S. Frampton and Sean S. Frampton, P.C. (collectively, "Frampton") and dismissing Phelps's complaint on the merits with prejudice. We affirm. 2 The sole issue on appe...
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( 10-22-2007 - MT)

Jane Doe v. Dick Dasen, Sr.
Plaintiff sued Dick Dasen, Jr., claiming that he made her and a friend perform sex acts for money. She claimed that Dasen lured he improvished girl and her best friend, ages 16 and 15, into a Kalispell apartment building, then molested them and performed oral sex on them against their will. They admitted that Dasen eventually paid them several thousand dollars. Dasen claimed that the girls...
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( 12-13-2005 - MT)

Department of Transportation v. John Stokes d/b/a KGEZ-AM
The Montanta Department of Transportation sought to acquire part of the front of a proptery owned by John Stokes d/b/a KGEZ-AM for the improvement of U.S. Highway 93 south of Kalispell. The State offered Stokes $100,000 for the property taken and for damages to the remainder. Stokes claimed that $100,000 was not enough compensation for the damages caused by the takeing....
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( 11-11-2005 - MT)

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