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Wallace v. Hayes

Supreme Court of Montana

December 31, 2013

LEONARD WALLACE, Plaintiff and Appellant,
v.
NORMAN HAYES, MAGTRAC BOLUS PARTNERSHIP, GERALD HILL, LUCILLE HILL, JACK HEYNEMAN, JOHN HEYNEMAN, and RODNEY J. HAYES, Defendants and Appellees.

ORDER

Appellant Leonard Wallace (Wallace) has filed a request for reconsideration of our November 26, 2013 Order denying his petition for an out-of-time appeal. The basis of the motion is lack of subject matter jurisdiction and standing, which he claims precludes application of the principle of res judicata. We deem the request a petition for rehearing.

This Court does not grant rehearing of orders disposing of motions or petitions for extraordinary relief in the absence of "clearly demonstrated exceptional circumstances." M. R. App. P. 20(1)(d). No clearly demonstrated exceptional circumstances have been established here. Consequently, we conclude this request must be denied.

On December 11, 2013, Wallace's wife, Pamela Wallace, filed a motion to intervene in the above matters; however, on December 18, 2013, she filed a request to withdraw her motion to intervene. Since the motion has been withdrawn, we decline to consider it.

IT IS ORDERED that the petition for rehearing is DENIED.

These matters are closed and no further motions, pleadings or other documents may be filed. Remittitur shall issue forthwith.

The Clerk is directed to provide a copy hereof to counsel of record and to Leonard Wallace.


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