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In re Marriage of Tillotson

Supreme Court of Montana

July 30, 2013

IN RE THE MARRIAGE OF: CHARLOTTE F. TILLOTSON, Petitioner and Appellant, and LAWRENCE JOSEPH TILLOTSON, Respondent and Appellee.

In a June 25, 2013 Order, this Court dismissed this appeal sua sponte based upon Charlotte's failure to seek relief from a final judgment within a reasonable time and laches. We also stated that even if Charlotte's motion was timely, we would not now rescind a decree of dissolution and reinstate a marriage in which the other spouse is deceased. Charlotte F. Tillotson (Charlotte) has now filed a petition for rehearing, Charlotte claims that this Court overlooked controlling law and fact in dismissing the appeal and that this Court did not have the trial record before it. She threatens to file a federal lawsuit against the Clerk of District Court and her counsel of record, J.C. Weingartner.

Charlotte argues in her motion that she did not engage in laches because she did not in fact discover that there was a divorce decree until April 2013, However, the attachments to Charlotte's petition confirm that she has been seeking a copy of her divorce record since at least 1997, reflecting her knowledge that she was in fact divorced. Further, the District Court record, which this Court has reviewed, offers no support for Charlotte's position.

Though she claims not to have known about the divorce, Charlotte also argues in her petition that the District Court was not **ADA" compliant in 1979 when her divorce was entered, and that there was a long flight of stairs leading to the courtroom which she could not navigate in her condition. This argument has no merit, because the Americans with Disabilities Act was adopted on July 26, 1990, and was therefore not in effect at the time of the parties' dissolution of marriage.

Charlotte has not demonstrated entitlement to a rehearing. Therefore,

IT IS ORDERED that the petition for rehearing is DENIED.


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