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In re Appeal of Windsor

Supreme Court of Montana

January 7, 2014

IN RE THE APPEAL OF: WILLIAM M. WINDSOR, Petitioner and Appellant,
v.
SEAN BOUSHIE, Respondent and Appellee.

ORDER

This matter is fully briefed, the reply brief having been filed on December 20, 2013. Both parties are self-represented and are engaging in a battle of motions.

Sean Boushie filed a motion to dismiss Windsor's appeal on November 6, 2013. On December 3, 2013, this Court issued an Order acknowledging the pendency of this and a previous motion to dismiss, and providing that the Court would hold the motions to dismiss in abeyance for consideration during the classification and decision process. On December 20, 2013, William M. Windsor (Windsor) filed a response to Boushie's motion to dismiss and a motion to provide evidence to this Court. On December 30, 2013, Boushie filed a response and objection to the motion to provide evidence to the Court in which he asks this Court to "dispose of this matter as swiftly as possible, and refrain Windsor from further frivolous and malicious litigation."

Our Order of December 3, 2013 taking the motions to dismiss under advisement stands. We will entertain no further motions seeking dismissal. As to Windsor's motion to produce evidence, this Court, acting as an appellate court, does not take evidence or make factual findings. Further, it is axiomatic that we will consider on appeal only the evidence contained in the record. Great Northern Railway Co. v. Hatch, 98 Mont. 269, 38 P.2d 976 (1934). This matter is now deemed submitted to the Court for classification, and this appeal will be decided in due course on the record before us.

Therefore,

IT IS ORDERED:

Windsor's motion to produce evidence is DENIED.

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


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