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Motta v. Granite County Commissioners

Supreme Court of Montana

August 6, 2013

RICHARD MOTTA, Plaintiff and Appellant,
v.
GRANITE COUNTY COMMISSIONERS, Defendants and Appellees.

ORDER

On July 2, 2013, we issued an Opinion in this appeal. We generally affirmed the decision of the District Court, except for reducing the amount of attorneys' fees assessed against Appellant Richard Motta as a sanction. Motta has now filed a petition for rehearing and the Appellee Granite County Commissioners have filed objections. The County Commissioners ask to be awarded their attorneys' fees and costs for responding to the petition for rehearing.

Under M. R. App. P. 20(1)(a), a petition for rehearing must be based on facts material to the decision which the Court has overlooked, a question presented by counsel that would have proven decisive to the case but was overlooked, or a statute or controlling decision that conflicts with the Court's decision and was not addressed. Although Motta has attempted to phrase his petition for rehearing as being based on such grounds, the truth is that the petition merely rehashes the same facts and arguments that he raised on appeal. Further, he does not cite any statute or controlling decision that was not addressed in our Opinion.

The Court having considered the petition for rehearing and the objections thereto,

IT IS ORDERED that the petition for rehearing is DENIED.

IT IS FURTHER ORDERED that the Appellees' request for attorney fees and costs for responding to the petition for rehearing is DENIED.

The Clerk is directed to provide copies of this order to all counsel of record and to Richard Motta personally.


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