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Lewis And Clark County v. Skinner

Supreme Court of Montana

July 17, 2013

LEWIS AND CLARK COUNTY, a political subdivision of the STATE OF MONTANA, Plaintiff and Appellee,
v.
ANDY SKINNER, Defendant and Appellant.

ORDER

On June 11, 2013, we issued our Opinion in the above-entitled action. Appellant filed a Petition for Rehearing on June 25, 2013. Appellee filed its Objection to Petition for Rehearing on June 28, 2013. Appellant then filed a Motion for Leave to File Reply Brief on July 5, 2013. After due consideration, both Appellant's motion and petition are denied.

We first address Appellant's Motion for Leave to File Reply Brief. Montana Rule of Appellate Procedure 20 does not contemplate the filing of a reply brief. Appellant's petition presents no special circumstance that would justify departure from the normal resolution of Appellant's petition. We thus deny Appellant's motion.

With respect to Appellant's Petition for Rehearing, we determine the petition fails to satisfy the requirements of M. R. App. P. 20(1)(a). Appellant correctly states that the quiet title action that involved Appellant and Appellee was not dismissed in 1988, as our Opinion provides. However, this is not a fact material to our decision. As the District Court correctly determined, the quiet title action did not resolve the status of the roads at issue in this case. Appellant failed to show that the decree quieting title renders this matter res judicata.

We hereby strike the third sentence of paragraph nine of the Skinner Opinion, which reads:

However, the record demonstrates that the quiet title action was dismissed in 1988 without resolution as to the status of the roads.

We insert the following sentence in its place:

However, the decree quieting title did not resolve the status of the roads at issue in this case.

IT IS HEREBY ORDERED that the third sentence in paragraph nine of Lewis and Clark v. Skinner, 2013 MT 156N, is amended as set forth herein.

IT IS FURTHER ORDERED that the Motion for Leave to File Reply Brief is DENIED.

IT IS FURTHER ORDERED that the Petition for Rehearing is DENIED.

The Clerk of Court is directed to provide a copy of this Order to all counsel of record.


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