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Liang v. Lai

78 P.3d 1212 (2003)

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Liang v. Lai

Montana Supreme Court
78 P.3d 1212 (2003)

  • Written by Tammy Boggs, JD

Facts

Guang Xiang Liang (plaintiff) sued Gerri Lai (defendant) in Montana county court for monetary damages, and the court ordered a change of venue. Liang filed an appeal as to the change-of-venue order. Under a rule of appellate procedure (the rule), appeals in actions seeking money damages were required to complete a mediation within 75 days of filing a notice of appeal. Despite noting the rule’s applicability, counsel for Liang filed an unopposed motion to “dispense with mediation.” It was undisputed that the rule was applicable, but counsel for the parties did not believe that the particular issue on appeal was capable of being resolved through mediation. The appealed issue did not relate to money damages.

Rule of Law

Issue

Holding and Reasoning (Gray, C.J.)

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