ECI Credit, LLC v. Diamond S Inc.
The Supreme Court affirmed the district court’s orders dismissing ECI Credit, LLC’s case against Diamond S. Inc. under Mont. R. Civ. P. 41(b) and denying its motion for relief from that dismissal under Mont. R. Civ. P. 60(b), holding the district court did not abuse its discretion when it dismissed ECI’s complaint for failure to prosecute. In deciding whether the district court abused its discretion in dismissing the underlying action for failure to prosecute, the Supreme Court considered the four factors set forth in Becky v. Norwest Bank Dillon, N.A., 798 P.2d 1011, 1015 (Mont. 1990). Noting that ECI’s case was unusual because ECI initially invested considerable time and effort and received a favorable ruling before it allowed this case to languish, the Supreme Court held that the district court did not commit a clear error in weighing the Becky factors and dismissing ECI’s claims. Further, the district court did not abuse its discretion in denying ECI’s motion for relief under Rule 60(b). View "ECI Credit, LLC v. Diamond S Inc." on Justia Law