LUSSY v DYE
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No. 84-153 1 1 THE SUPREbE COURT OF THE STATE OF FIONTANA 1 1985 RICHARD C. LUSSY, Plaintiff and Appellant, H. V. DYE and the Law Firm of fiIILODRAGOVICH, DALE & DYE, P.C. , Defendants and Respondents. APPEAL FROPI: District Court of the Third Judicial District, In and for the County of Deer Lodge, The Honorable Mark Sullivan, Judge presiding. COUNSEL OF RECORD: For Appellant: Richard C. Lussy, pro se, Seattle, Washington For Respondents: Worden, Thane & Haines, Missoula, Montana Submitted on Briefs: Jan. 10, 1985 Decided: February 15, 1985 Clerk Mr. Justice William E. Hunt, Sr. , delivered the Opinion of the Court. The respondents were counsel for the appellant in a debt action brought by First Security Eank of Deer Lodge. The bank obtained a favorable judgment or, December 1, 1.978, in Powel-I County and a judgment was filed in both Powell County and Deer Lodge County. The bank proceeded toward having the appellant's property sold at a sheriff's sale, however, the appellant satisfied the judgment prior to the sale. A notice of satisfaction of judgment was filed in Powell County on March 3, 1979, but no notice was filed in Deer Lodge County. On September 17, 1982 the appellant brought an action against the attorneys that had represented the bank in the debt action. The complaint in this action was subsequently amended to include the respondents, appellant's own attorneys in the debt action, as defendants on January 28, 1983. The appellant alleged that due to the respondents' and others' failure to file notice of satisfaction of judgment in Deer Lodge County, as was done in Powell County, the appellant was injured when a land sale failed due to the improper "cloud" on the title. The respondents filed a motion to dismiss on Fehruary 28, 1983. The motion was based on the contention that the applicable statute action. of limitation barred the appellant's The motion was briefed by both parties and a heari.ng was held. On September 20, 1983 the District Court granted respondents ' dismissed as motion and ordered the appellant's compl-aint to appellant moved respondents. On January 10, 1984, the for relief from the order dismissing the complaint against the respondents. This motion was based on the contention that relief should be qranted because the applicable statute of limjtations did not bar the appellant's action against the respondents. The motion was briefed and a On February 24, 1984, the District Court hearing was held. denied the appellant's motion. This appeal followed. We affirm. This appeal concerns the application of Rule 60(b) (6) M.R.Civ.P. The issues on appeal are: 1.) whether the appellant had "arry other re?-son justifying relief from the operation of the judgment" so that Rule 60(b)(6) could be applied; and 2.) whether the appellant brought the Rule 6O(b)(6) motion within the required reasonable time. The appellant contends that Rule 60(h) (6) applies because the District Court allegedly erred in ruling that the original complaint against the respondents was barred by the statute of limitations. Tn other words, the appellant attempted to apply Rule 60(b) (6) because the order from which relief was sought was allegedly erroneous. The proper avenue for seeking redress from an allegedly erroneous decision, solely on the basis that it is erroneous, is the appeal process. It is not the intent of Rule 60(b) (6) to be a substitute for appeal. The substance of a motion for relief under Rule 60 (b)(6) must be something more than a request for rehearing or a request that the District Court change its mind. It must be shown that something prevented a full presentation of the cause or an accurate determination on the merits and that for reasons of fairness and equity redress is justified. It is important for the sake of the 1-itigants and for the judicial system that litigation will finally ended. at some time be When the time for appeal has elapsed and no grounds justify other relief matters properly appealable. the case is We final as to all find t h a t the appel-lant's r e q u e s t f o r r e l i e f was g r o u n d e d so1.el.y on t h e b a s i s t h a t t h e District erroneous, Court order dismissing the set f o r t h no g r o u n d s t h a t would j u s t i f y a p p l i c a t i o n o f R u l e 6 0 (b)( 6 ) , M.R.Civ.P. the was t h a t s u c h was p r o p e r l y a p p e a - l a b l e , a n d t h a t t h e appellant has that respondents District Court acted properly the W e therefore hold in denying the a p p e l l a n t ' s motion. The r e s o l u t i o n o f t h i s i s s u e r e n d e r s a d i s c u s s i o n on t h e issue of reasonable time District Court s h a l l stand. Affirmed. W Concur: e / f Chief J u s t i c e unnecessary. The order of the
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