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In re Marriage of Lyon

Supreme Court of Montana

August 28, 2013

IN RE THE MARRIAGE OF GINA M. LYON, Petitioner and Appellee, and JEFFREY J. LYON, Respondent and Appellant.

ORDER

On July 10, 2013, we ordered Appellant Jeffrey J. Lyon to file his opening brief— which was then overdue—within 30 days or risk dismissal of this appeal with prejudice and without further notice. Appellant filed nothing within the time allowed.

However, on August 23, 2013, Appellant filed a motion asking that this appeal be dismissed without prejudice. He states that the issues he would have raised in this appeal are incorporated in his appeal in our Cause No. DA 13-0016. Appellee Gina M. Lyon has filed a response to that motion, in which she asks that we dismiss the appeal with prejudice and require Appellant to pay her $750 for her fees and costs on appeal, on grounds that the appeal was "spurious."

The Court having reviewed and considered all of the above,

IT IS ORDERED that this appeal is DISMISSED with prejudice. Each party shall pay his or her own fees and costs on appeal.

The Clerk is directed to provide copies of this order to all counsel of record.


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