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Geiszler v. Sayer

Supreme Court of Montana

July 2, 2013

TIMOTHY GEISZLER, Plaintiff and Appellee,
v.
KYEANN SAYER, Defendant and Appellant.

ORDER

In a May 29, 2013 Order this Court denied Kyeann Sayer (Sayer) relief from a District Court order that denied her motion for a stay of an injunction pending appeal and her request to expand the record by including additional transcripts. Sayer now seeks a rehearing.

Sayer maintains that lack of immediate appellate review of an order depriving her of First Amendment rights without a stay establishes exceptional circumstances justifying rehearing. She also claims that barring her from including "necessary transcripts" on appeal constitutes exceptional circumstances. Timothy Geiszler (Geiszler) has filed an objection to rehearing and points out that, as she did when seeking relief previously, Sayer has again failed to support her motion regarding the injunction with an affidavit, as required by M. R. App. P. 22(2).

In any event, we conclude there is no showing of "clearly demonstrated exceptional circumstances" warranting rehearing. M. R. App. P. 20(1)(d). Therefore,

IT IS ORDERED that the petition for rehearing is DENIED.

The Clerk is directed to provide a copy hereof to counsel of record and to Kyeann Sayer.


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