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CR Weaver v. TRJ-County Implement, Inc.

Supreme Court of Montana

November 12, 2013

CR WEAVER, Plaintiff and Appellant,
v.
TRJ-COUNTY IMPLEMENT, INC., and TAMI CHRISTENSEN, Counter Plaintiffs, Third Party Plaintiffs and Appellees,

Appellant CR Weaver appeals the District Court's order holding him in contempt for practicing law without a license, arguing that he was never properly served with the contempt order. Appellees Tri-County Implement, Inc., and Tami Christensen moved for dismissal of this appeal on the grounds that M. R. App. P. 6(5)(d) prohibits the appeal of "orders made in cases of civil or criminal contempt" Appellees further contend that service of process is not required for this contempt charge because it was committed in the immediate view and presence of the court, and CR Weaver had been informed of the contempt charge and given an opportunity to defend or explain his conduct. Section 3-1-511, MCA.

This Court has reviewed the District Court record, which confirms Appellees' position. The District Court's contempt order may not be appealed pursuant to M. R. App. P. 6(5)(d). Accordingly,

IT IS ORDERED that this appeal is DISMISSED, with prejudice.

The Clerk is directed to provide copies of this order to all counsel of record.


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