Salminen v. Morrison & Frampton, PLLPAnnotate this Case
Centennial Contracting and Development, LLC (Centennial) and Leonard Investments, LLC (Leonard) obtained a judgment against Don and Susan Salminen. Morrison & Frampton law firm (Frampton) represented Centennial and Leonard in the litigation. The district court subsequently issued a writ of execution and garnishment. Frampton subsequently seized virtually everything in the Salminens house. Thereafter, the district court held that all of the property seized from the Salminens’ home was exempt from execution and must be returned. The Salminens commenced this action against Frampton, Centennial, and Leonard, asserting claims for violation of rights secured by Article II of the Montana Constitution, abuse of legal process, conversion, and wrongful levy. The district court granted Frampton’s motion to dismiss for failure to state a claim and then granted judgment on the pleadings to Centennial and Leonard on the remaining claims. The Supreme Court affirmed in part and reversed in part, holding that the district court erred in determining that the Salminens failed to state a claim for conversion as a matter of law, abuse of process and wrongful levy at this stage in the process. Remanded.