Opinion
OP 23-0639
11-07-2023
JAMES A. MIRRO and LORETTA MIRRO. Petitioners, v. MONTANA SIXTH JUDICIAL DISTRICT COURT, SWEET GRASS COUNTY, HON. BRENDA R. GILBERT, Presiding, Respondent.
ORDER
Petitioners. James A. Mirro and Loretta Mirro (Mirros). request this Court issue a writ of supervisory control over the District Court regarding its Order Granting Plaintiffs Renewed Application for Preliminary Injunction and Denying Respondents' Renewed Application for Preliminary Injunction (Order). Alternatively, Petitioners request that briefing be expedited on a pending appeal regarding the same order. Finally, Petitioners request this Court stay the District Court's order, even though the District Court has not ruled on the Petitioners' request for stay tiled in the District Court.
Petitioners acknowledge they may directly appeal the Order because it is a preliminary injunction. M. R. App. 6(3)(e). Indeed. Petitioners have filed a Notice of Appeal with this Court.
Supervisory control is an extraordinary remedy that may be invoked when the case involves purely legal questions and urgent or emergency factors make the normal appeal process inadequate. M. R. App. P. 14(3). The case must meet one of three additional criteria: (a) the other court is proceeding under a mistake of law and is causing a gross injustice; (b) constitutional issues of state-wide importance are involved; or (c) the other court has granted or denied a motion for substitution of a judge in a criminal case. M. R. App. P. 14(3)(a)-(c). Whether supervisory control is appropriate is a case-by-case decision. Stokes v. Mont. Thirteenth Judicial Dist. Court, 2011 MT 182, ¶ 5, 361 Mont. 279. 259 P.3d 754 (citations omitted).
Petitioners have an adequate remedy through the appeal process and are. in fact, currently pursuing an appeal. Further, this Court will not consider Petitioners' motion For stay, made in a Footnote in their Petition, prior to the District Court First having an opportunity to rule on the matter. Lastly. Petitioners may request expedited briefing in their underlying appeal, not through a collateral proceeding such as this. We conclude Petitioner has not met the requirements For this Court to grant supervisory control over the trial court.
IT IS THEREFORE ORDERED that Mirros' Petition For Writ of Supervisory Control is DENIED.
The Clerk is directed to provide immediate notice of this Order to counsel For Petitioner, all counsel of record in the Sixth Judicial District Court. Sweet Grass County, Cause No. DV 2023-08, and the Honorable Brenda A. Gilbert, presiding.