Ash-Will Farms, L.C. v. Leachman Cattle Co.
Opinion
Lead Opinion
MEMORANDUM **
James H. Leachman and the Leachman parties (“the Leachman parties”) appeal the district court’s decision granting summary judgment in favor of the Ash-Will parties. The parties are familiar with the facts and arguments and they need not be described in this memorandum.
A district court’s grant of summary judgment is reviewed de novo. Golden Gate Restaurant Ass’n v. City and County of San Francisco, 512 F.3d 1112, 1116 (9th Cir.2008). To the extent the MontCode Ann. section 71-3-115 confers discretion on a district judge to marshal assets to prevent “injustice to other persons,” the district judge’s exercise of that discretion is reviewed for abuse of discretion. See United States v. Castaldo, 667 F.2d 20, 21 (9th Cir.1981). The amount of attorneys’ fees awarded by a district court is reviewed for abuse of discretion. Natural Resources Defense Council, Inc. v. Winter, 543 F.3d 1152, 1157 (9th Cir.2008).
When the facts are viewed in the light most favorable to the Leachman parties we agree with the district court that although the mortgage did not include the amount of the indebtedness, the mortgage did not violate Montana Code Ann. section 71-1-206.