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In re Marriage of Rintoul

Supreme Court of Montana

January 7, 2014

IN RE THE MARRIAGE OF: RUSSELL DALE RINTOUL, Petitioner and Appellant,
v.
KAREN ANN RINTOUL, Respondent and Appellee.

ORDER

Appellee Karen Ann Rintoul has moved to dismiss the appeal for the failure of Appellant Russell Dale Rintoul to file his statement of position with the mediator and serve the same upon her within 15 days of the original order appointing the mediator, as required by M. R. App. P. 7(5)(d). In response, Russell states that a second order of appointment was required because the first appointed mediator had a conflict of interest, and the second order was initially misplaced and not docketed. Russell states he did not timely file his statement of position because he had been advised by first mediator of the conflict of interest. He states that his statement of position has now been filed with the second appointed mediator.

We conclude that dismissal of the appeal or other sanction is not necessary under these circumstances. Therefore,

IT IS HEREBY ORDERED that the motion to dismiss is DENIED.

The Clerk is directed to provide a copy of this Order to counsel of record.


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