December 10, 2013
MINES MANAGEMENT, INC., NEWHI, INC. and MONTANORE MINERALS CORP., Plaintiffs and Appellants,
TRACIE FUS, LUCILLE PENNEY, DESIREE HANN, WALTER LINDSEY, MERLIN ROGERS, ROCKY BAKIE, LOUISE VOVES, FRANK WALL, ARNOLD BAKIE and LIBBY CREEK VENTURES, L.L.C., Defendants and Appellees.
Appellants Mines Management Inc., Newhi, Inc., and Montanore Minerals Corp. (collectively MMC) have moved to voluntarily dismiss this appeal as to appellee Arnold Bakie (Bakie) pursuant to M. R. App. P. 16(4). MMC bases its motion upon the fact that the injunction from which MMC took the present appeal "does not apply to Bakie's mining claims." Bakie concedes that "the appeal as it pertains to  Bakie is premature" and that the appeal should be dismissed.
The record makes clear that Bakie made no claim for injunctive relief. The record further clarifies that MMC failed to request injunctive relief against Bakie. The order from which MMC took the present appeal contains only an award of injunctive relief to Appellee Walter Lindsey. Appeal of a grant or denial of injunctive relief grants this Court jurisdiction to review only those questions that parties to the injunctive relief order presented to the District Court. Hennen v. Omega Enterprises, Inc., 264 Mont. 505, 506-08, 872 P.2d 797, 798-99 (1994). Said another way, appeal of an injunctive relief order permits this Court only to review those matters and those parties that the District Court addressed.
Bakie also requests sanctions against MMC pursuant to M. R. App. P. 19(5) as the result of "having to defend a premature appeal." Montana Rule of Appellate Procedure 19(5) allows for an award of sanctions "to the prevailing party in an appeal..., determined to be frivolous, vexatious, filed for purposes of harassment or delay, or taken without substantial or reasonable grounds." In evaluating the issue of sanctions on appeal "we generally assess whether the arguments were made in good faith." Hilten v. Bragg, 2010 MT 273, ^f 30, 358 Mont. 407, 248 P.3d 282. We cannot impose sanctions on appeal in this case as there were reasonable grounds for portions of the MMC appeal.
IT IS ORDERED that the motion to dismiss this appeal as to appellee Arnold Bakie, is GRANTED.
IT IS FURTHER ORDERED that the motion for sanctions against MMC, is DENIED.
The Clerk is directed to provide a copy of this Order to counsel of record.