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Cavanaugh v. Citimortgage, Inc.

Supreme Court of Montana

September 4, 2013

STEVEN L. CAVANAUGH, Plaintiff and Appellant,
v.
CITIMORTGAGE, INC., ABN AMRO MORTGAGE GROUP, INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., HOLLAND AND HART LLP, SCOTT MITCHELL, MICHELLE SULLIVAN, KATIE SCOTT and ERIN THEOBALD, Defendants and Appellees. CITIMORTGAGE, INC., Counterclaimant and Third-Party Plaintiff and Appellee,
v.
STEVEN L. CAVANAUGH, Counterclaim Defendant and Appellant, and SUSAN L. CAVANAUGH, FIRST ESFTERSTATE BANK and CAPITAL ONE BANK (USA), N.A., Third-Party Defendants. SUSAN L. CAVANAUGH, Third-Party Counterclaimant and Appellant,
v.
CITIMORTGAGE, INC., and ABN AMRO MORTGAGE GROUP, INC., Third-Party Counterclaim Defendants and Appellees.

ORDER

After Appellants Steven Cavanaugh and Susan L. Cavanaugh (Cavanaughs) filed the opening brief in this appeal, Steven L. Cavanaugh filed for bankruptcy and the appeal was automatically stayed pursuant to the United States Bankruptcy Code. The Bankruptcy Court for the District of Montana now has lifted the stay to allow this appeal to proceed. The Cavanaughs have moved for leave to file a supplemental brief on appeal. The Appellees have filed a written objection to that motion.

Cavanaughs appear to have filed the supplemental brief for the sole purpose of drawing the Court's attention to a 2006 appraisal of their property. The Appellees note in their objection to the filing of a supplemental brief that the record from the District Court contains the same 2006 appraisal. We will consider the record from the District Court, including the 2006 appraisal, as needed to decide this appeal. As the Appellees point out, however, a motion to file a supplemental brief "must be supported by an affidavit demonstrating extraordinary justification." See M. R. App. P. 12(10). The Cavanaughs' motion does not meet that requirement. Accordingly,

IT IS ORDERED that the motion to be allowed to file a supplemental brief is DENIED.

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


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