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Lewis & Clark County v. Schroeder

Supreme Court of Montana

September 4, 2013

LEWIS AND CLARK COUNTY, Plaintiff and Appellee,
v.
HILTRUD & JOCHEN SCHROEDER, et al., Respondents and Appellants.

ORDER

The Notice of Appeal in this matter indicates that appeal is taken from two judgments: a judgment entered in Lewis and Clark County Cause No. BDV-2010-863 on June 27, 2013, and a judgment entered in the District Court's Cause No. CDV 2009-236 on November 19, 2010.

Defendants Rellers in Lewis and Clark County Cause No. CDV 2009-236 have filed a motion to dismiss this appeal as to that action, on grounds of res judicata. They point out that the Schroeders previously appealed from the final judgment entered in that matter and, on September 6, 2011, this Court affirmed the November 19, 2010 decision of the District Court in a nonciteable Opinion filed under our Cause No. DA 11-0068, Schroeder v. Lewis and Clark County, et aL, 2011 MT 220N. Appellants Schroeder have filed written opposition to the motion to dismiss, in which they contend new facts that have come to light since that Opinion was issued justify "a second look" at the case.

The Rellers are correct. A second appeal of the judgment we affirmed on September 6, 2011, is barred by res judicata.

Therefore,

IT IS ORDERED that the portion of this appeal relating to the November 19, 2010 judgment entered in Lewis and Clark County Cause No. CDV 2009-236 is DISMISSED.

The Clerk is directed to provide copies of this Order to all counsel of record and to Hiltrud and Jochen Schroeder personally.


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