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Ashton v. Hoinville

Supreme Court of Montana

January 10, 2017

ROBIN ASHTON, Plaintiff and Appellant,
v.
RICHARD HOINVILLE, Defendant and Appellee.

          ORDER

         Appearing as a self-represented litigant, Robin Ashton has filed a petition for rehearing of a December 13, 2016 Order, which dismissed her appeal without prejudice. She states many things, including that "the Defense's claims of the case not being final are frivolous[.]" Through counsel, Richard Hoinville has filed an objection, requesting the instant petition's denial. Hoinville points out that Ashton provides no reason for rehearing and that dismissal was proper. We amend the caption to comport with M. R. App. P. 2(4).

         We previously granted Richard Hoinville's motion to dismiss because of the untimeliness of the appeal. We stated that "[b]ecause the counterclaim is still awaiting trial, there has been no final judgment entered." In the absence of "clearly demonstrated exceptional circumstances, " we do not grant rehearing of our orders disposing of motions. M. R. App. P. 20(1)(d).

         Having considered the petition and objection, we conclude that Ashton has failed to establish the existence of any exceptional circumstances. Ashton has a remedy of an appeal after the Flathead County District Court decides the remaining claim. Accordingly, IT IS ORDERED that the petition for rehearing is DENIED.

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


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