February 25, 2014
JESSIE L. CONNOLLY, Petitioner and Appellant,
STANLEY DWAYNE McKENNEY, Respondent and Appellee.
On January 29, 2014, Appellee Stanley Wayne McKenney, by counsel, filed a motion to dismiss the appeal filed by his former wife, Appellant Jessie L. Connolly in this cause. Connolly has not filed an objection to the motion within the time allotted for her to do so.
The marriage of the parties was dissolved in Gallatin County in 2013. Subsequent to the dissolution, a dispute arose concerning transfer of personal property from Connolly to McKenney. Connolly obtained a permanent protective order against McKenney in the Billings Municipal Court. Subsequently, on motion of McKenney, the Yellowstone County District Court quashed the permanent protective order and removed and certified the proceedings to Gallatin County in the existing dissolution proceeding, pursuant to the provisions of § 40-4-123(2), MCA. A hearing on the protective order and a parenting plan modification is presently pending before the Gallatin County District Court, Connolly seeks to appeal from the order of the Yellowstone County District Court quashing the permanent protective order and certifying the proceedings to Gallatin County.
McKenney argues that Connolly's appeal must be dismissed because no final order has been entered on the order for protection or on the motion for modification of the parenting plan. Had the Yellowstone County District Court quashed both the Temporary Protective Order and the Permanent Protective order, Connolly would have the right of appeal pursuant to M. R. App. P. 6(3)(e); however, the District Court reinstated the temporary order of protection, and a hearing thereon is pending in Gallatin County.
M. R. App. P. 6(1) permits an appeal from a final judgment and specified final orders. McKenney argues that no final order subject to appeal has been issued in this matter, and that Connolly's appeal must therefore be dismissed. We agree with McKenney. Accordingly, IT IS HEREBY ORDERED that Connolly's appeal is DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the Clerk of this Court serve notice of this Order upon all counsel of record, and upon Connolly at her last known address.