Opinion
DA 22-0252
05-24-2022
IN RE THE MARRIAGE OF: TIFFANEY DANIELLE GRIGG, Petitioner and Appellee, and PETER CHRISTOPHER GRIGG, Respondent and Appellant.
ORDER
Representing himself, Peter Grigg has filed a verified Petition for an Out-of-Time Appeal, contending that the reason for this appeal is "MISLAID BY S.C." (Emphasis in original.) He explains that the Montana Supreme Court did not file his Notice of Appeal along with a Flathead County District Court Order, dated March 1, 2022, resulting in his "ORIGINAL NOTICE MISLAID BY SUPREME COURT." (Emphasis in original). Grigg includes a copy of the Order he seeks to appeal.
M. R. App. P. 4(6) allows this Court to grant an out-of-time appeal "[i]n the infrequent harsh case and under extraordinary circumstances amounting to a gross miscarriage of justice[.]"
Upon review, Peter is not entitled to another appeal. We point out that Peter has an appeal pending of this same underlying civil case. In re Marriage of Grigg, No. DA 21-0195. On March 1, 2022, the Flathead County District Court issued an Amended Order Directing the Disbursement from Deposited Funds for funds previously received to different entities in Cause No. DR-20-79, after the court issued its Order for Payment of Reasonable Attorney's Fees and Costs. Counsel for Tiffaney filed a Notice of Entry on March 3, 2022, in the District Court, giving Peter the opportunity to perfect his pending appeal as directed by this Court's Orders from the last several months. Peter perfected his appeal by filing a copy of the complete order on attorney's fees by March 28 in his other, pending appeal. We observe that Peter filed his opening brief on May 11 in that appeal, which is the same day that he filed this Petition with this Court.
We also observe that Peter has demonstrated little respect for this Court or the Clerk of the Supreme Court. Peter has a history of litigation with this Court after filing ten appeals in the last two years. The Clerk of this Court returned his Notice of Appeal in April 2022 because his instant appeal was not properly before this Court. Peter has also pursued baseless filings previously with this Court. See Ford Motor Credit Co., LLC v. Peter Grigg, No. DA 20-0013, Order denying out-of-time appeal of a Justice Court Order (Mont. Jan. 14, 2020) and Grigg v. Sen. Tester, No. DA 21-0375, Order dismissing appeal sua sponte of a federal court Order (Mont. Aug. 24, 2021). We caution Peter to refrain from filing duplicative, burdensome lawsuits or risk being declared a vexatious litigant. M. R. App. P. 19(5); Stokes v. First Am. Title Co. of Mont., Inc., 2017 MT 275, ¶ 4, 389 Mont. 245; 406 P.3d 439. Therefore, IT IS ORDERED that Peter's Petition for an Out-of-Time Appeal is DENIED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel of record and to Peter Grjgg personally.