Opinion
DA 21-0181
01-18-2022
IN RE THE MARRIAGE OF: ALIA DAY FLOREN, Petitioner and Appellee, v. JAVIER BAUTISTA-SCHEUBER, Respondent and Appellant.
ORDER
Representing himself. Appellant Javier Bautista-Scheuber moves this Court "to avoid rewarding Appellee" Alia Day Floren by filing her response brief in light of the "failure to comply with the Montana Rules of Appellate Procedure (MRAP) and the Court's Orders." Javier explains that Alia's brief did not comply with M. R. App. P. 11 and 12, and that this Court noted the deficiencies in a December 2, 2021 Order, allowing Alia to refile a response brief in conformance to the rules, Javier contends that he was not awarded such "benevolence** during his District Court proceeding and that Alia's response brief should be dismissed. Alia has not filed a response to Javier's motion.
Javier's motion is not well-taken. This Court reviews all briefs for compliance with our rules, and this Court typically gives ten days for a revised brief to be filed. Javier has not demonstrated any reason for dismissal of the filed brief M R. App. P. 13(3). We observe that Javier's reply brief is due on or before January 26, 2022. Accordingly, IT IS ORDERED that Javier's "Motion to Avoid Rewarding Appellee (by either dismissing Appellee's Response Briefs second, improved submission or dismissing it altogether) for Appellee's Failure to Comply with Mont. R. App. P. and the Court's orders" is DENIED and DISMISSED,
The Clerk of the Supreme Court is directed to provide a copy to counsel of record and to Javier Bautista-Scheuber personally.