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Renner v. Newman Ayers Ranch, Inc.

Supreme Court of Montana

September 24, 2013

JAMES RENNER, Plaintiff and Appellee,
v.
NEWMAN AYERS RANCH, INC., Defendant, TWAIN NEWMAN AYERS, Defendant and Appellant, COURTNEY FRANK AYERS, Defendant.

ORDER

On September 3, 2013, defendant Twain Newman Ayers, appearing as a self-represented litigant (Ayers), filed his opening brief on appeal. He seeks an order from this Court determining that attorney Christian Nygren owes him the sum of $3, 500 pursuant to a District Court order finding Nygren in contempt, and that Nygren's payment of this sum to his former attorney does not satisfy Nygren's obligation to him. On September 6, 2013, Nygren filed a motion to dismiss Ayers' appeal. The time within which Ayers could file a response in opposition to Nygren's motion has expired, and Ayers has not filed a response. M. R. App. P. 16(2).

In his motion to dismiss, Nygren cites M. R. App. P. 6, which governs what judgments and orders are appealable to this Court. As Nygren correctly observes, this rule does not provide for an interlocutory or interim appeal from the denial of a writ of execution. There having been no final judgment entered in the captioned case from which an appeal may be taken under the Montana Rules of Appellate Procedure, we conclude that Nygren's motion is well taken. Therefore,

IT IS HEREBY ORDERED that Ayers' appeal is DISMISSED WITHOUT PREJUDICE.

The Clerk of this Court is directed to provide notice of this Order to all counsel of record, to Christian T. Nygren, and to Ayers at his last known address.


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