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Jonas v. Jonas

Supreme Court of Montana

September 11, 2013

LINDA B. JONAS, Plaintiff and Appellee,
v.
EDWIN R. JONAS, III, Defendant and Appellant.

ORDER

Appellant Edwin R. Jonas, III (Edwin) filed a Petition for Rehearing with this Court on July 31, 2013. Appellee Linda B. Jonas did not file a response. Edwin disagrees with this Court's July 23, 2013, Opinion affirming the District Court's denial of Edwin's motion to set aside a charging order and appointment of a receiver.

This Court will consider a Petition for Rehearing on very limited grounds. The Court will consider a petition if it has "overlooked some fact material to the decision, " if the decision missed a question provided by counsel that would have decided that case, or if the decision "conflicts with a statue or controlling decision not addressed" by this Court. M. R. App. P. 20. The Court has determined that "a petition for rehearing is not a forum in which to rehash arguments made in the briefs and considered by the Court." State ex rel Bullock v. Phillip Morris, Inc., 2009 MT 261, 352 Mont. 30, 217 P.3d 475, 486.

Our Opinion, supported by the District Court record, provides that the District Court correctly applied the law of the case doctrine in denying Edwin's August 1, 2012 motion. Edwin's disagreement with this Court's analysis does not constitute sufficient grounds to grant his petition. This Court having fully considered Edwin's Petition for Rehearing,

IT IS 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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