Moore v. Frost
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The Supreme Court affirmed the post-judgment motions issued by the district court denying Plaintiff's Mont. R. Crim. P. 60(b) motion for relief and Mont. R. Civ. P. 62.1 motion for an indicative ruling, holding that the district court did not abuse its discretion.
Plaintiff alleged that Defendant entered Plaintiff's property and shot his boat with a rifle. The district court granted summary judgment in favor of Frost, and the Supreme Court affirmed. While Plaintiff's appeal was pending, Plaintiff filed the two motions at issue, alleging that he had discovered new evidence. The district court denied both motions. The Supreme Court affirmed, holding that the district court (1) correctly determined that it lacked jurisdiction over Plaintiff's Rule 60(b) motion; and (2) did not abuse its discretion by denying Plaintiff's Rule 62.1 motion.
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