Fick v. Brown

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Plaintiff appealed from the order of the district court granting defendant's motion to dismiss where the suit arose out of a previous landlord/tenant action filed in district court. At issue was whether section 3-10-302, MCA, conferred jurisdiction on justices' and district courts for actions arising under the Montana Residential Landlord and Tenant Act of 1977. The court held that the clear terms of the Montana statute provided that justices' courts shared concurrent jurisdiction with district courts. The court also held that plaintiff's arguments were not made in good faith and sanctions were warranted. Accordingly, the court affirmed the district court's dismissal of plaintiff's complaint and remanded for a determination and assessment of costs and reasonable attorney's fees incurred on appeal.