Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
To access the original judgment, please Sign In or Subscribe.

Engellant v. Crowley Fleck

Cf^ PJ iriII ^4J

IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 24-0485

FILED

DAREN ENGELLANT, individually and acting as Personal Representative of the ESTATE OF

GREGORY ENGELLANT,

OCT 2 0 2026

Bowen Greenwood Clerk of Supreme Court State of Montana Plaintiff, Appellant and Cross-Appellee,

V.

CROWLEY FLECK, PLLP, a Montana Professional Limited Liability Partnership, and DANIEL N. MCLEAN, an individual,

Defendants, Appellees and Cross-Appellants, CROWLEY FLECK, PLLP, and DANIEL N.

MCLEAN,

ORDER

Third-Party Plaintiffs and Cross-Appellees,

V.

KENNETH ENGELLANT,

Third-Party Defendant and Cross-Appellant, and

SHANA DIEKHANS,

Third-Party Defendant. Daren Engellant, for the Estate of Gregory Engellant, and Kevin Engellant each petition for rehearing of this Court's September 15, 2026 opinion affirming the First 10/20/2026

Case Number: DA 24-0485

1

Judicial District Court's judgment following a jury verdict in favor of Crowley Fleck, PLLP, and Daniel McLean. Appellees respond in opposition.

M. R. App. P. 20 provides that the Court will consider a petition for rehearing only in limited circumstances when: (1) the Court "overlooked somefactmaterialtothe decision"; (2) the Court "overlooked some question presented by counsel that would have proven decisive to the case"; or (3) "its decision

conflictswithastatuteorcontrolling decision not addressed by the supreme court."

Kevin Engellant asserts that rehearing is warranted

becausetheCourt overlooked the controlling inquiry—not when Kevin knew the malpractice

action existedbutwhen Kevin "knew or should have known of his interest in

the case requiring intervention."

Kevin asserts that he had no reason to intervene until

the trial revealed that "the validity of the 2012 Will was transformed into an issue for the

malpractice jury." Crowley Fleck responds that, as this Court observed, the validity ofthe2012Will,andCrowley Fleck's assertion that it negated causation, were part of the case as soon as Crowley Fleck filed its Answer to the Complaint in August 2020. Crowley Fleck argues further that, as only the Personal Representative had standing to file a professional

negligence action, Kevinhad no legally cognizable interest in the litigation and

couldnothavesuffered prejudicebythe denial of intervention. Crowley Fleck points out this Court's express determination that the jury's verdict has no bearing on the probate court's

ordersandassertsthatittherefore cannot prejudice Kevin's interest in the probate action. In any event, as the District Court found, any interests Kevin had were adequately represented by Daren in the litigation. Finally, by the time Kevin filed his motion to intervene and associated request for new trial, the case had been pending for more than four years and had just completed an eight-day trial. Crowley Fleck asserts that granting

Kevin interventionatthatbelated stage would have seriously prejudiced the Defendants. Crowley

Fleck concludesbyarguingthat Kevin's petition reargues issues he already raised orcouldhaveraisedandwhichthisCourt already rejected. Appellee Shana Diekhans joins Crowley

Fleck's argumentsinfull. Daren Engellant contends that all three criteria of M.R.App.P.20aremet.He asserts first that, by characterizing his argument as essentially one of collateral estoppel.

2

the Court overlooked the question presented by the Estate—^that § 72-3-317, MCA, expressly makes a formal testacy order "final as to all persons" concerning issues relevant to whether the decedent left a valid will. Second, Daren argues that, in concluding that the Estate suffered no prejudice from the trial court's removal from its jury instructions of the agreed fact regarding Greg's 1978 Will having been probated, the Court overlooked the material effect of Instruction 33, which directed the jury to "disregard all evidence and comments of counsel regarding any ruling that the probate

courthasorhasnotmade."

Third, Daren asserts that this Court's conclusion that ifthe2012WillwasvalidtheEstate suffered no injury from Gregory's September 2012 transfer ofhisERCstock overlooksthe distinct question presented by the Estate's malpractice

claim: whether Defendants' negligence caused Gregory to relinquish his property during his lifetime. Daren urges the Court to find that his arguments do not simply rehash issues he raised and briefed on appeal because they "concern a statutory finality rule the Opinion did not address, material facts affecting the Court's harmlessness determination, and

a separate lifetime-injury question the jury never reached."

Crowley Fleck responds that Daren's petition essentially presents two core objections—the same objections he presented, couched under multiple theories, throughout this litigation and that this Court already rejected. Crowley Fleck points out that Daren's petition continues to claim—as he did in his appellate briefing—(1) that the trial court should have found the formal probate proceeding tohaveresolvedthe"identical

•i.e., the validity of the 2012 will—for purposes of

assessing causationand damages in the malpractice action and (2) that the court was wrong to conclude that finding a valid 2012 Will necessarily meant the Estate suffered

no injury from the separate September 2012 stock transfer. Crowley Fleck asserts that all of Daren's arguments boil down to his claim that the admission of Gregory Engellant's 1978 Will to probate in the probate proceeding conclusively established that will asGreg's validlastwilland testament when he died and estopped Crowley Fleck from arguing otherwise in defense of the Estate's negligence claim. These arguments, Crowley

Fleck contends,weremade issue

3

repeatedly throughout the litigation, raised and briefed on appeal, and considered and finally resolved by this Court's Opinion.

Regarding the omission of Agreed Fact No. 20, Crowley Fleck points out that this Court already addressed and rejected Daren's arguments and argues that the Court need not address them again. Instruction 33 cannot have prejudiced Daren because, as this Court has already concluded, "Instruction 33's directive

that the probate court had yet to reach a final judgment is accurate and consistent with the

record.

Crowley Fleck argues that although Daren has reframed the arguments in his rehearing petition, they still seek only to urge this Court to reconsider—on the same basis Daren

already argued—its holding that the probate presents a separate and distinct issue fromthedeterminationofcausationand damages in this negligence case.

Finally, addressing Daren's argument that this Court overlooked an alleged

"separate injury to Gregory and his Estate," Crowley Fleck points out that Daren did not challenge, at any point in this appeal or in his petition for rehearing, the District Court's Order granting Crowley Fleck's motion for judgment asamatteroflawonhisclaimsfor all damages other than the value of the stock. Thus, as the Concurring Opinion stated clearly, Daren did not preserve a distinct claim for damages arising from Gregory's loss of ownership, control, or use of the stock during his

lifetime. Having fully considered the Engellants' petitions and the Appellees' responses, the Court concludes that rehearing is not warranted under M. R. App. P. 20.

IT IS THEREFORE ORDERED that the petition for rehearing isDENIED. The Clerk is directed to provide copies of this Order to all parties and counsel of record. Dated this day of October, 2026. Chief Justice

4

]aa. ,^idisi^iAAi^_ /4^i

Justices

5

Use AI to get other relevant cases.

Comments

Engellant v. Crowley Fleck
(Oct 20, 2026)