Opinion
DA 21-0390
05-17-2022
RANDY LAEDEKE, DARLA PRENN, for THE ESTATE OF LILA M. LAEDEKE, Plaintiffs and Appellants, v. BILLINGS CLINIC, and John Doe Defendants unknown at this time, Defendant and Appellee.
ORDER
Through counsel, Appellee Billings Clinic has filed a Motion to Dismiss because self-represented Appellant Randy Laedeke has not filed his opening brief by April 28, 2022, after requesting two, one-day extensions of time on April 26 and on April 27; 2022, respectively. Laedeke responds in opposition.
Billings Clinic puts forth that this Court should dismiss this appeal because of the Appellants' failure to file an opening brief pursuant to M. R. App. P. 13(3). Billings Clinic explains Laedeke's history of seeking additional time in both the Yellowstone County District Court and this Court. Billings Clinic alleges that Appellant Laedeke participates in dilatory practices while providing unjustified excuses.
Laedeke responds that he requested additional time to file his opening brief until April 28, 2022, due to delays with the briefs' copies from a print shop in Helena. He states that the copies would not be produced or delivered on April 28. He further explains that he learned too late on Friday, April 29, 2022, that the print shop was not able to deliver the briefs that day as well and that once he obtained the copies, he ensured delivery on Monday, May 2, 2022.
This Court acknowledges Billings Clinic's frustration with the delay in this appeal because "it is reasonable to expect pro se litigants to adhere to procedural rules." State v. Ferre, 2014 MT 96, ¶ 16, 374 Mont. 428, 322 P.3d 1047 (citing Neil Consultants, Inc. v. Lindeman, 2006 MT 80, ¶ 8, 331 Mont. 514, 134 P.3d 43). This Court is cognizant of the granting of wider latitude to pro se litigants in court proceedings and that the granting of latitude cannot be "so wide as to prejudice the other party," Ferre, ¶ 16 (citation omitted). Dismissal of an appeal is appropriate when an appellant fails to file an opening brief or to seek an extension of time to file a brief. At this juncture, Laedeke has done neither. He requested additional time, albeit one day as opposed to the standard thirty days, and he untimely filed his opening brief on May 2, 2022. Dismissal of this appeal is not appropriate, and Billings Clinic has not shown prejudice because of this Court's latitude with a self-represented litigant. Accordingly, IT IS ORDERED that Billings Clinic's Motion to Dismiss Appeal is DENIED.
The Clerk is directed to provide this Order to counsel of record and to Randy Laedeke personally.