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Boushie v. Windsor

Supreme Court of Montana

January 7, 2014

SEAN BOUSHIE, Petitioner and Appellee,
v.
WILLIAM M. WINDSOR, Respondent and Apellant

ORDER

William M. Windsor, appearing as a self-represented litigant, has filed a notice of appeal from a District Court order issued by the Hon. John W. Larson on November 14, 2013, in which Judge Larson affirmed a Municipal Court Order of Protection entered in favor of Appellee Sean Boushie and against Windsor. In his order, Judge Larson concluded it was necessary to issue an injunction because of Windsor's "extraordinary abuse of the state judicial system by repeatedly filing frivolous, malicious and vexatious lawsuits." The court therefore permanently enjoined Windsor "from filing any complaint or initiating any proceedings, including any new lawsuit or administrative proceedings, in any Montana State Court or agency in the State of Montana, without first obtaining leave of a District Court Judge in the district in which the new complaint or proceeding is to be filed."

In response to Windsor's notice of appeal filed herein, Boushie has filed with this court a "motion to recognize and enforce standing order of injunction against William M. Windsor, and motion for sanctions of contempt against William M. Windsor." In his motion, he asks that we simply enforce the order issued by Judge Larson for Windsor's failure to obtain leave to file this appeal, and dismiss this appeal. Windsor has filed a memorandum in opposition to the motion, arguing that a district court judge has no authority or jurisdiction to deny him the right to appeal the District Court order in question. Windsor asks that we impose sanctions against Boushie for the filing of a frivolous motion.

According to § 25-12-102, MCA, a party aggrieved has the right to appeal. Windsor qualifies as a party aggrieved by the District Court's final order of November 14, 2013, and he therefore has the right to pursue an appeal from the District Court order. Judge Larson's order applies only to the filing of any complaint or proceedings, including new lawsuits; his order does not purport to preclude Windsor from appealing his order.

The level of animosity and frustration between these two litigants is evident in this and other cases in which motions have been filed or appeals are pending before this Court. We encourage the parties to simply brief this appeal expeditiously and without further ado. We discourage the filing of further motions.

IT IS ORDERED:

Boushie's motion to recognize and enforce standing order of injunction, and for dismissal of appeal and sanctions against William Windsor is DENIED.

Windsor's motion for sanctions against Boushie for the filing of a frivolous motion is DENIED.

The Clerk of this Court shall serve notice of this Order upon all parties of record.


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