Opinion
DA 22-0284
09-27-2022
IN RE THE ESTATE OF ELDA MARBLE. v. DOREEN KING and JAMES D. KING, a/k/a JIM KING, Defendants and Appellants. JERRY MARBLE, Personal Representative, for the Estate of Elda Marble, Plaintiff and Appellee,
ORDER
Michael L. Rausch and Brian B. Thompson of Browning, Kaleczyc, Berry &Hoven, P.C., move the Court to withdraw as counsel under § 37-61-403(2), MCA, from their representation of Defendants and Appellants Doreen King and James D. King, a/k/a Jim King, in this appeal. Counsel states that withdrawal is necessary because the attorneyclient relationship has deteriorated to the point where they do not reasonably believe they can adequately represent the Kings' interests, and their firm will suffer irreparable financial harm if they continue to do so. Kings have not responded to the motion to withdraw.
At the time counsel filed their motion, an automatic stay was in effect from the United States Bankruptcy Court for the District of Montana. Counsel subsequently advised this Court that the bankruptcy proceeding has been dismissed and therefore this Court should vacate its August 30, 2022 Order staying this appeal pending termination of the bankruptcy proceedings.
IT IS THEREFORE ORDERED that the motion to withdraw as counsel is GRANTED.
IT IS FURTHER ORDERED that the Order to stay this appeal is VACATED. Appellants shall prepare, file, and serve the opening brief on appeal no later than October 27, 2022.
The Clerk is directed to provide a copy of this Order to all counsel of record and to Appellants Doreen King and James D. King, a/k/a Jim King, personally.