509 P.2d 292 | Mont. | 1973
No. 12422
IN THE SUPKEME COUKT OF THE STATE OF MONTANA 1973 JUMPING IIALNBO3 IUNCH, A Montana c o r p o r a t i o n ,
P l a i n t i f f and Respondent, RLCHARD J . CONKLIN and MRS. RICHARD J . CONKLIN , h i s w i f e e t a l ,
Defendants and A p p e l l a n t s . Appeal from: D i s t r i c t Court o f t h e S i x t h J u d i c i a l D i s t r i c t , Honorable J a c k D . Shanstrom, Judge p r e s i d i n g . Counsel o f Record: F o r A p p e l l a n t s : R i c h a r d J. Conklin a r g u e d , White S u l p h u r S p r i n g s , Montana. F o r Respondent : Landoe and Gary, Bozeman, Montana. Ronald K . Olson a r g u e d , Bozeman, Montana. Arnold H u p p e r t , J r . , L i v i n g s t o n , Montana.
S u b m i t t e d : March 2 8 , 1973 Decided : MAY - 2 1973 F i l e , : MRY - 2 1973 Honorable Edward T. Dussault, district judge, sitting in place of Mr. Chief Justice James T. Harrison.
This is an appeal from an order in a quiet title action extending a temporary restraining order or injunction, restrain- ing the county assessor of Park County from assessing certain lands located in said county and being claimed by appellants Conklin and Orser.
The district court extended the injunction order for 90 days on October 2, 1972. This appeal must be dismissed for two reasons: The question of the extension of the restraining order
or injunction became moot prior to the date of the hearing on this appeal. From the order itself it appears that the exten- sion expired on January 3, 1973.
Secondly, the notice of appeal filed October 30, 1972 reveals only an appeal on behalf of defendants Conklin and Orser and not the Park County assessor, Homer K. Langley, the real party in interest.
No showing was made that the Park County attorney repre- sented the county assessor at any stage of the proceedings thus far in district court or that the county assessor has ever authorized appellant's attorney to represent him in any part of the proceeding in district court on this appeal.
In Wilson v. State Highway Comm'n, 140 Mont. 253, 257, 370 P.2d 486, this Court said: " * * * This court has power, sua sponte, to dis- miss any appeal which does not present an actual justiciable controversy. Gill v. Liquor Control Board, 133 Mont. 505, 326 P.2d 974." Olsen v. United Benefit Life Ins. Co. 150 Mont. 147, 432 P.2d 381. The appeal is dismissed and the matter is remanded to
the district court for trial on the merits. Hon. Edward T. Dussault, district judge, sitting in place of Mr. Chief Justice James T. Harrison.
We concur: / /
Associate Justices
