Notes of Decisions
Cited in
30
cases (
6 in the last 5 years), 2005–2026 · leading case:
Stanley v. Lemire, 2006 MT 304, 148 P.3d 643.
Stanley v. Lemire, 2006 MT 304, 148 P.3d 643.
· cites it 14× “¶25 Acting within its appellate capacity, a district court is not in a position to make findings of fact or discretionary trial court rulings.”
State v. Davis, 2016 MT 102, 371 P.3d 979.
· cites it 12× “” Section 3-10-115, MCA. Accordingly, with the full record of trial before it, the requisite standards of review empower the district court’s lawyer-judge to ensure that appeals from justices courts are heard on a legally adequate record and that the record supports the…”
State v. Aragon, 2014 MT 89, 321 P.3d 841.
· cites it 8× “” The Justice Court expressed concern about the request to repaint the entire house, and stated that it “can’t go with [Turcotte’s] letter.” Nonetheless, the court ultimately ordered that Aragon owed an additional $1,910.”
State v. Ellison, 2012 MT 50, 272 P.3d 646.
· cites it 4× “The appeal is confined to review of the record and questions of law, subject to the supreme court’s rulemaking and supervisory authority. (3) The district court may affirm, reverse, or amend any appealed order or judgment and may direct the proper order or judgment to be entered…”
State v. Seaman, 2005 MT 307, 124 P.3d 1137.
· cites it 3× “Section 3-10-115(1), MCA. This Court’s constitutional power and obligation of final appellate review confer jurisdiction to hear an appeal from a district court’s ruling.”
State v. Denise L. Fender, 2007 MT 268, 170 P.3d 971.
· cites it 3× “…of record. Therefore, the District Court in this cases was limited to review of the record and questions of law. Section 3-10-115(1), MCA.”
State v. Finley, 2011 MT 89, 252 P.3d 199.
· cites it 2× “As provided in §3-10-115(1), MCA, the District Court did not conduct a new trial, but rather confined its review to the record and questions of law.”
State v. Rensvold, 2006 MT 146, 139 P.3d 154.
· cites it 2× “¶26 Finally, § 3-10-115, MCA, provides for justice courts of record and provides that the appellate role of the district court vis-á-vis these courts is limited to reviewing the record and questions of law.”
State v. Luke, 2014 MT 22, 321 P.3d 70.
· cites it 4× “3d 643 (quoting § 3-10-115(1), MCA). Like this Court, the district court reviews factual findings under the “clearly erroneous” standard, discretionary rulings for abuse of discretion, and both legal conclusions and mixed questions of law and fact de novo.”
City of Helena v. C. Brown, 2017 MT 248, 403 P.3d 341.
· cites it 6× “) The State of Montana appeals. STANDARD OF REVIEW ¶7 In an appeal from a municipal court, the district court functions as an appellate court and the appeal is confined to a review of the record and questions of law.”
State v. Frazier, 2005 MT 99, 111 P.3d 215.
· cites it 7× “Under § 3-10-115, MCA, an appeal from a justice court established as a court of record is appropriately before the district court.”
Mont. Code Ann. § 3-10-115(1): 15 cases
Stanley v. Lemire, 2006 MT 304, 148 P.3d 643.
“¶25 Acting within its appellate capacity, a district court is not in a position to make findings of fact or discretionary trial court rulings.”
State v. Davis, 2016 MT 102, 371 P.3d 979.
“” Section 3-10-115, MCA. Accordingly, with the full record of trial before it, the requisite standards of review empower the district court’s lawyer-judge to ensure that appeals from justices courts are heard on a legally adequate record and that the record supports the…”
State v. Seaman, 2005 MT 307, 124 P.3d 1137.
“Section 3-10-115(1), MCA. This Court’s constitutional power and obligation of final appellate review confer jurisdiction to hear an appeal from a district court’s ruling.”
State v. Ellison, 2012 MT 50, 272 P.3d 646.
“The appeal is confined to review of the record and questions of law, subject to the supreme court’s rulemaking and supervisory authority. (3) The district court may affirm, reverse, or amend any appealed order or judgment and may direct the proper order or judgment to be entered…”
State v. Denise L. Fender, 2007 MT 268, 170 P.3d 971.
“…of record. Therefore, the District Court in this cases was limited to review of the record and questions of law. Section 3-10-115(1), MCA.”
Mont. Code Ann. § 3-10-115(2): 1 case
Mont. Code Ann. § 3-10-115(3): 5 cases
Stanley v. Lemire, 2006 MT 304, 148 P.3d 643.
“¶25 Acting within its appellate capacity, a district court is not in a position to make findings of fact or discretionary trial court rulings.”
State v. Ellison, 2012 MT 50, 272 P.3d 646.
“The appeal is confined to review of the record and questions of law, subject to the supreme court’s rulemaking and supervisory authority. (3) The district court may affirm, reverse, or amend any appealed order or judgment and may direct the proper order or judgment to be entered…”
Mont. Code Ann. § 3-10-115(4): 5 cases
State v. Frazier, 2005 MT 99, 111 P.3d 215.
“Under § 3-10-115, MCA, an appeal from a justice court established as a court of record is appropriately before the district court.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.