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In re Parenting of I.M.M.

Supreme Court of Montana

October 22, 2013

IN RE THE PARENTING OF I.M.M. KIMBERLY LUTHER, Petitioner and Appellant, and JORAM MARTIN, Respondent and Appellee

Both parties are self-represented in this matter relating to the parenting of their daughter, I.M.M. Appellee Joram Martin (Joram) has filed a Motion to Dismiss Appeal on the grounds that Appellant Kimberly Luther (Kimberly) failed to participate in mediation, failed to file a timely brief as M. R. App. P. 13 requires, and that Kimberly has filed motions with this Court without first determining if Joram had any objection thereto. Joram indicates that Kimberly objects to the motion. Kimberly has filed a response and objection, in which she points out that this Court granted her motion to dismiss the mediation, and that her opening brief is not due until October 23, 2013.

No basis exists on which to dismiss this appeal. Kimberly's opening brief is due on or before October 23, 2013. This Court's motion practice and rules are designed to facilitate the efficient and timely appellate process, and not to offer a vehicle for unproductive venting and bickering between parties.

IT IS ORDERED that the Motion to Dismiss Appeal is DENIED, without prejudice.

Kimberly is directed to file a timely brief that conforms substantially, in form and substance, with Court rules. Joram's brief will be due 30 days from the date Kimberly that files a conforming brief.

The Clerk is directed to provide a copy hereof to the parties hereto.


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