Wolford v. Montee

Appellants Shawn and Heather Montee, Shawn Montee, Inc., and ABCO Wood Recycling, LLC appealed, among other things, the district court’s grant of summary judgment in favor of Respondent Robert Wolford. Appellants argued the district court erred in ruling that certain promissory notes granted to Wolford by Appellants were clear and unambiguous and that under the terms of those notes Appellants were in default and Wolford was entitled to judgment as a matter of law. Appellants also contended that several of their motions were erroneously denied, including a motion to continue, a motion for examination of Wolford, a motion to amend or alter judgment, and various motions to quash. Furthermore, Appellants appealed the district court’s order of contempt entered against them. After review, the Supreme Court affirmed in part, vacated in part and remanded for further proceedings. The Court found that the district court erred in its grant of summary judgment as to some notes over others; vacated summary judgment with respect to those notes, and remanded for the district court to determine when payments were due, when interest was to accrue, and whether the interest rate was per month or per annum. The Court affirmed the district court in all other respects. View "Wolford v. Montee" on Justia Law