July 2, 2013
IN RE THE MARRIAGE OF: ANGELLA KALYN SMITH, Petitioner and Appellee, and ANTHONY BALFOUR SMITH, Respondent and Appellant.
Anthony Balfour Smith (Anthony) has filed motion for an extension of time to file the opening brief on appeal. Self-Represented Appellee Angella Kalyn Smith (Angella) has filed an objection and response thereto.
We observe that on June 4, 2013, this Court granted Anthony a 60-day extension of time within which to file the opening brief. Or. Granting Motion for Extension of Time, Smith v. Smith, No. DA 13-0082 (Mont. Jun. 4, 2013). Therefore, nothing remains to be decided with respect to the extension of time.
Angella has also moved to dismiss this appeal on the basis that Anthony's motion for an extension of time was not timely and that this appeal is frivolous. Anthony has not filed an objection or response thereto.
At this juncture, there is no basis for dismissing this appeal.
Consequently, IT IS ORDERED that the Motion to Dismiss Appeal is DENIED.
The Clerk is directed to provide a copy hereof to counsel of record and to Angella Kalyn Smith.