Opinion
DA 20-0515
06-08-2021
ESTATE OF DARLINE A. BRAGER, through DOUGLAS BRAGER, Personal Representative for the Estate of Darline A. Brager, Plaintiff and Appellant, v. ANNE M. WEINBERGER. A.P.R.N., an individual, Defendant and Appellee.
ORDER
Appellant Estate of Darline A. Brager (Estate) has filed a petition for rehearing following issuance of the Court's opinion in this matter on May 4, 2021. Appellee Anne M. Weinberger (Weinberger) opposes the petition.
The Montana Rules of Appellate Procedure set forth limited grounds for rehearing. See M. R. App. P. 20(1)(a), A rehearing may by granted only if the petitioner raises any overlooked fact material to the decision, an overlooked question presented that would have been decisive to the case, or any statute or controlling decision that conflicts with the Court's opinion. See M. R. App. P. 20(1)(a). The Estate presents its petition under subsections (ii) and (iii) of M. R. App. P. 20(1)(a), asserting that this Court's opinion overlooks important questions presented by the Estate and conflicts with controlling case law construing § 28-10-703(2). MCA. However, rather than establishing either of these grounds for rehearing, the petition is instead a restatement of the argument made on appeal that has been impermissibly supplemented by new case authority and novel issues related to possible consequences of the Court's decision.
The Estate has not raised any overlooked fact material to the decision, any overlooked question presented that would have been decisive to the case, or any law that conflicts with the Court's opinion. See M. R. App. P. 20(1)(a). Therefore, IT IS ORDERED that the petition for rehearing is DENIED.
The Clerk is directed to mail copies hereof to counsel of record for the respective parties.