Opinion
DA 22-0252
07-12-2022
IN RE THE MARRIAGE OF: TIFFANEY DANIELLE GRIGG, Petitioner and Appellee, and PETER CHRISTOPHER GRIGG, Respondent and Appellant
ORDER
Representing himself. Appellant Peter Grigg has filed an "Objection to Denial of Out of Time Petition and Petition for Rehearing." He requests that this Court rehear his petition for an out-of-time appeal because he is allowed such an appeal. Peter also lists several grounds recounting the alleged errors he has experienced in District Court.
M. R. App. P. 20(1)(a) provides criteria for rehearing. This Court "will consider a petition for rehearing presented only upon ... [t]hat it overlooked some fact material to the decision;" or "[t]hat its decision conflicts with a statute or controlling decision not addressed by the supreme court." M. R. App. P. 20(1)(a)(i) and (ii).
In a May 24, 2022 Order, this Court denied Peter's Petition because he already has an appeal of this specific District Court case. We stated:
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.
Peter is not entitled to rehearing. M. R. App. P. 20(l)(d). He already has an appeal pending here, and he cannot have two appeals of the same case. His appeal has been sent to this Court for a decision. His objection and request are without merit. Accordingly, IT IS ORDERED that Peter's Objection to Denial of Out of Time Petition and Petition for Rehearing are DENIED.
The Clerk is directed to provide a copy of this Order to counsel of record and to Peter Grigg personally.