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Kohler v. Keller Transport, Inc.

Supreme Court of Montana

August 6, 2013

RONALD L. KOHLER and BARBARA J.KOHLER, husband and wife; THOMAS F. JONES and RITA A. JONES, husband and wife; DENNIS A. ARNOLD and GERALDINE N. ARNOLD, husband and wife; and DEBRA L. SYKES, Plaintiffs and Appellees,
v.
KELLER TRANSPORT, INC.; WAGNER ENTERPRISES, LLC; AND DOES 1-10, Defendants. WESTCHESTER SURPLUS LINES INSURANCE COMPANY, Appellant.

ORDER

We requested a joint status report from the parties on June 11, 2013, regarding a declaratory judgment action currently docketed in the Fourth Judicial District Court, Missoula County, Cause No. DV-10-1133. The declaratory judgment action potentially implicates the liability of Appellant Westchester Surplus Lines Insurance Company in this current appeal.

The parties informed this Court that the District Court had taken under advisement the issues for the motion for partial summary judgment at the April 2, 2013 hearing. The parties further indicated that several pending motions also implicated the potential liability of Appellant Westchester Surplus Lines Insurance Company.

The District Court has yet to make a decision following the hearing. Without a decision by the Fourth Judicial District regarding the declaratory judgment action, this Court deems it imprudent to continue proceeding with this appeal. Accordingly,

IT IS ORDERED that this appeal is stayed pending the outcome of Cause No. DV-10-1133 in the Missoula County District Court.

IT IS FURTHER ORDERED that the parties shall notify this Court within 20 days of a final decision by the District Court in Missoula County Cause No. DV-10-1133.

The Clerk is directed to provide a copy hereof to all counsel of record and to the Fourth Judicial District Court.


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