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Beals v. Montana Thirteenth Judicial District Court

Supreme Court of Montana

December 30, 2014

CHRISTINA BEALS, Petitioner,
v.
MONTANA THIRTEENTH JUDICIAL DISTRICT COURT, Yellowstone County, the Honorable Russell C. Fagg, Presiding Judge, Respondent.

ORDER

Petitioner Christina Beals asks this Court to exercise supervisory control over the Thirteenth Judicial District Court in Yellowstone County Cause No. DV-14-1111. Specifically, Beals argues the District Court wrongfully deprived her of a default judgment. She asks us to require the District Court to grant her application for default judgment. At our invitation, St. Vincent Healthcare, the defendant in Yellowstone County Cause No. DV-14-1111, has filed a response to the petition for supervisory control.

Supervisory control is an extraordinary remedy sometimes justified when urgency or emergency factors render the normal appeal process inadequate, when the case involves purely legal questions and, in a civil case, when the other court is proceeding under a mistake of law and causing a gross injustice or constitutional issues of state-wide importance are involved. M. R. App. P. 14(3).

Here, after reviewing the application for supervisory control and St Vincent's response, we conclude Beals has not met the prerequisites for supervisory control. She has not established that emergency factors make the normal appeal process inadequate, her petition does not present a purely legal question, and she has not convinced us that the District Court is proceeding under an error of law causing a gross injustice.

Therefore,

IT IS ORDERED that the petition for a writ of supervisory control is DENIED and DISMISSED.

The Clerk is directed to provide copies of this Order to counsel for Petitioner, all counsel of record in Yellowstone County Cause No. DV-14-1111, and the Honorable Russell C. Fagg.


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