The dismissal of an appeal is in effect an affirmance of the judgment or order appealed from, unless the dismissal is expressly made without prejudice to another appeal.
Mont. Code Ann. tit. 25, ch. 30A, Rule 17, under IV. General Provisions.
Mont. Code Ann. tit. 25, ch. 30A, Rule 17
The dismissal of an appeal is in effect an affirmance of the judgment or order appealed from, unless the dismissal is expressly made without prejudice to another appeal.