Opinion
DA 23-0033
06-30-2023
SHARON McCREA, Plaintiff and Appellant, v. CONNIE SUE LARSON, ESTATE OF MARTINNE E. CHEW, CHICAGO TITLE INSURANCE COMPANY, LOANCARE ACCOUNT SERVICING and Any Other Party, i.e. JOHN DOE, Defendants and Appellees.
ORDER
Before this Court is self-represented Appellant Sharon McCrea's Motion for Extension of Time to file her opening brief. She requests an additional ninety days in her motion and states that her brief is presently due on July 2, 2023. McCrea further states that she did not contact opposing counsel regarding her motion for extension of time. M. R. App. P. 16(1). McCrea notes that she filed a request for a copy of the July 28, 2022 pretrial hearing transcript recently, on June 26, 2023.
This Court observes several items in this appeal. McCrea's brief is actually due on Monday, July 3, 2023, according to this Court's May 4, 2023 Order. This instant motion is McCrea's third request for additional time. She filed her Notice of Appeal on January 11, 2023, and indicated then, about the transcripts, that she had "complied with the provisions of M. R. App. P. 8(3)." McCrea appeals two summary judgments orders from the Eighth Judicial District Court, Cascade County: a July 31, 2021 Order Granting Summary Judgment to underlying defendant Connie Sue Larson for the Estate of Martinne E. Chew as well as dismissing the complaint as to those two defendants; and a December 5, 2022 Order Granting Summary Judgment to the Remaining Defendants thereby dismissing McCrea's complaint against those parties. On December 12, 2022, the District Court issued a final judgment concerning the Orders and awarding costs. It appears that no transcripts exist because the District Court did not hold a hearing prior to its Orders, and the court did not hold a bench trial. The transcript that McCrea has recently requested offers little value to the court's Orders on appeal.
We remind McCrea that she must contact opposing counsel concerning their position on any motion she files with this Court. M. R. App. P. 16(1). Failure to do so may result in denial of her future motions. M. R. App. P. 16(1). Nevertheless, McCrea has requested additional time to file her opening brief. Therefore, IT IS ORDERED that McCrea's Motion for Extension of Time is GRANTED and McCrea has an additional thirty days. McCrea should prepare, file, and serve her opening brief on or before Wednesday, August 2, 2023.
The Clerk of the Supreme Court should provide a copy of this Order to counsel of record and to Sharon McCrea personally.