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Linn v. Sielinsky Construction Co.

Supreme Court of Montana

February 18, 2014

JANICE LINN, Plaintiff,
v.
SIELINSKY CONSTRUCTION CO., D & E CONSTRUCTION, INC., and DOES 1-100, Defendants. SIELINSKY CONSTRUCTION CO., Third Party Plaintiff,
v.
WARNOCK CONSTRUCTION, D & E CONSTRUCTION, INC., YELLOWSTONE LOG HOMES, LLC, QUICK DRAW, Third Party Defendants.

ORDER

Janice Linn previously asked the Chief Justice to appoint a district judge pursuant to § 3-1-805, MCA, to hold a hearing on her request to disqualify for cause the Honorable Gregory R. Todd from the above-entitled Yellowstone County Cause No. DV 12-0629. On January 22, 2014, Chief Justice McGrath denied and dismissed that request, declining to appoint a district judge to hear the matter on grounds that the affidavit for disqualification did not satisfy the requirements of § 3-1 -805(b) and (c), MCA. Linn's counsel now has asked for reconsideration of the request to disqualify for cause.

Section 3-1-805, MCA, contains no provision for reconsideration of a request to disqualify a district judge for cause; nor is such a decision subject to rehearing under the Montana Rules of Appellate Procedure.

Therefore, the request for reconsideration is DENIED.

The Clerk is directed to provide copies of this order to all counsel of record in Yellowstone County Cause No. DV 12-0629 and to the Honorable Gregory R. Todd.


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