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Guethlein v. Family Inn

Supreme Court of Montana

January 2, 2014

DIANE GUETHLEIN, Plaintiff and Appellee,
v.
FAMILY INN, Defendant and Appellant.

ORDER

On December 6, 2013, Plaintiff and Appellee Diane Guethlein, by counsel, filed her second motion to dismiss this appeal. The first motion to dismiss was premised upon the failure of the appellant, Family Inn, to timely file its opening brief. In denying this motion, we stated that dismissal was an extreme remedy. We also observed that the Family Inn had already satisfied the judgment, and yet had still chosen to pursue an appeal.

In the current motion to dismiss the appeal, Guethlein complains that the opening brief of the Family Inn was not only filed more than 30 days late, it also omitted two pages in the center of the brief, rendering the appellate argument incomplete and difficult to respond to. To date, counsel for the Family Inn has failed to respond to the motion to dismiss, and has failed to file a corrected brief.

Based upon the foregoing,

IT IS HEREBY ORDERED that the Family Inn shall have 10 days from the date of this Order within which to file an original and 9 copies of a corrected brief containing all pages, and to serve said brief upon all counsel of record. Should Family Inn fail to comply with this Order, Guethlein's motion to dismiss will be granted without further notice.

IT IS FURTHER ORDERED that Guethlein's motion to dismiss is HELD IN ABEYANCE pending Family Inn's response to this Order.


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