Daybreak Group v. Three Creeks Ranch
This is a case of first impression. Many such cases present interesting analytical challenges; others result only in rueful head-shaking. This, unfortunately, falls into the latter category.
Daybreak Group, Inc. (Daybreak), appeals from an order quashing its service of summons on defendant Three Creeks Ranch, LLC (Three Creeks). Daybreak does not challenge the merits of the order, but instead contends that the court should not have even entertained the motion because the out-of-state law firm representing Three Creeks did not apply to appear as counsel pro hac vice. To be clear, the individual attorney who filed and appeared on the motion is a member of our State Bar just one who happens to practice with a firm located in Montana and he was thus both fully authorized to practice in our state courts and fully subject to the disciplinary jurisdiction of the State Bar with respect to his appearance. Daybreak offers no authority for its contention that a law firm, as opposed to an individual attorney, could properly be admitted pro hac vice in our courts, let alone that it might be obligated to apply for such status. Because Three Creeks was properly represented in the lower court by an attorney who is licensed to practice law in this state, the court did not err in considering the motion to quash on its merits. The order is affirmed.
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