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Dulaney v. State Farm Fire and Casualty Insurance Co.

Supreme Court of Montana

November 1, 2013

DEBORAH DULANEY, Plaintiff and Appellant,
v.
STATE FARM FIRE and CASUALTY INSURANCE COMPANY, and SHAWN ORI, Agent, Defendant and Appellees.

M. R. App. P. 12(l)(d) states an appellate brief must contain a "statement of the facts relevant to the issues presented for review, with references to the pages or the parts of the record at which material facts appear." M. R. App. P. 12(9) states references to the record "must be to particular parts of the record, suitably designated, and to specific pages of each part." While Appellant's brief includes a discussion of the facts, the statement of facts does not contain appropriate references to the record.

The Court has determined that Appellant's brief filed November 1, 2013, does not comply with the above referenced Rule. Therefore,

IT IS ORDERED that the signed original and nine copies of the referenced brief be returned for revisions necessary to comply with the specified Rule;

IT IS FURTHER ORDERED that no other changes, additions, or deletions may be made to the brief as originally filed;

IT IS FURTHER ORDERED that the signed original and nine copies of the revised brief ordered herein be filed within ten (10) days of the date of this Order with the Clerk of this Court and that one copy of the revised brief be served on each counsel of record;

IT IS FURTHER ORDERED that the postage costs for returning the referenced copies of Appellant's brief will be billed to Appellant's counsel by the Clerk of this Court and shall be due and payable upon receipt; and

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 revised brief.


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