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Durnam v. Bank of America

Supreme Court of Montana

September 12, 2013

ZACHARY DURNAM and STEPHANIE DURNAM for the Estate of ZACHARY DURNAM, Plaintiffs and Appellants,
v.
BANK OF AMERICA, et. al., Defendant and Appellee.

ORDER

M. R. App. P. 12(1)(h) requires that the relevant judgment, order, findings of fact, conclusions of law, jury instruction, ruling or decision from which the appeal is taken, together with any written memorandum or rationale of the court, be contained in Appellant's brief to this Court.

The Court has determined that Appellants' brief filed September 12, 2013, does not comply with the referenced Rule. Although Appellants attached a copy of the relevant judgment to their Notice of Appeal, they failed to include a copy of the District Court's May 3, 2013, Order granting Defendants' Motion to Dismiss. Therefore,

IT IS ORDERED that nine copies of the relevant order be filed within ten (10) days of the date of this Order with the Clerk of this Court and that one copy of the relevant order be served on each counsel of record;

IT IS FURTHER ORDERED that the times for any subsequent briefing contained in M. R. App. P. 13 shall run from the date of filing of the relevant order.

IT IS FURTHER ORDERED that the Clerk of this Court is directed to mail a true copy of this Order to Appellants and to mail a true copy of this Order to all counsel upon whom the brief was served.


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