KALISPELL AIRCRAFT COMPANY, LLC, Plaintiff, Appellee and Cross-Appellant,
BRUCE PATTERSON, LEROY LEPLEY, BILL GRIFFIN, DOES 1-V, Defendants, Appellants, and Cross-Appellees.
Submitted on Briefs: May 1, 2019
FROM: District Court of the Eleventh Judicial District, In
and For the County of Flathead, Cause No. DV 14-930(C)
Honorable Heidi J. Ulbricht, Presiding Judge
Appellants: Marybeth M. Sampsel, Measure Law, P.C.,
Appellee: Ashley C. McCormack, Rebecca J. Henning-Rutz, James
T. McCormack, Henning, Rutz, & McCormack, P.L.L.C.,
Defendants/Appellants/Cross-Appellees Bruce Patterson, LeRoy
Lepley, and Bill Griffin (Appellants) appeal the Order on
Plaintiff's Motion for Judgment on the Pleadings issued
by the Montana Eleventh Judicial District Court, Flathead
County, on July 8, 2016. Plaintiff/Appellee/Cross-Appellant
Kalispell Aircraft Company, LLC (KAC) cross-appeals a series
of orders made by the District Court which, in relevant part,
denied KAC's Motion in Limine, sanctioned KAC, and denied
KAC's Motion for Pre-Judgment Interest.
We restate the issues on appeal as follows:
1. Did the District Court err when it granted KAC's
Motion for Judgment on the Pleadings?
2. Did the District Court err when it denied KAC's
Motion in Limine?
3. Did the District Court err when it sanctioned
4. Did the District Court err when it denied KAC's
Motion for Pre-Judgment Interest?
AND PROCEDURAL BACKGROUND
On August 28, 2013, KAC and the Appellants signed a written
Agreement for Sale of Aircraft (Agreement), in which the
Appellants contracted to purchase a 1973 pressurized Cessna
Skymaster 337 (Skymaster) from KAC for $90, 000. The
Agreement stated, in relevant part, that:
Buyers shall have thirty (30) days from the date of this
Agreement to complete any reasonable inspection, whether
pre-buy, flight inspection, etc. If Buyers note any
discrepancies which KAC is unable to reasonably remedy, then
Buyers shall have an absolute right to withdraw from this
Agreement with no penalty or obligation.
Appellants initially scheduled an inspection of the aircraft,
but then informed KAC on September 12, 2013, without
conducting an inspection, that they would not be purchasing
the Skymaster as they were financially unable to obtain
insurance. KAC ...