Opinion
DA 24-0303
07-09-2024
CB1, d/b/a CBB COLLECTIONS, Plaintiff and Appellee, v. KATELYN N. HOVE and IRA HOVE, Defendants and Appellants, v. HEALTH CARE SERVICE CORPORATION d/b/a BLUE CROSSAND BLUE SHIELD OF MONTANA, Third-Party Defendant and Appellee.
ORDER
Appellee CB1, via counsel, moves to dismiss this appeal pursuant to M. R. App. P. 13 on the basis of the failure of Appellants Katelyn N. Hove and Ira Hove ("the Hoves") to file a timely opening brief. The Hoves oppose CBl's motion. The Hoves assert that they had requested a thirty-day extension of time to file their opening brief, and that "CB1 responded to the request by moving to dismiss for failure to prosecute."
Absent an extension of time from this Court, the Hoves' opening brief would have been due on June 15, 2024. M. R. App. P. 13(1). While the Hoves maintain they requested a 30-day extension pursuant to M. R. App. P. 26(1), the record does not reflect such a request being made. Nevertheless, had the Hoves moved for a 30-day extension of time- which would have been their first request in this appeal-such requests are routinely granted, and nearly always stipulated to by the opposing parties, particularly when no prejudice would result from the extension. Given the circumstances of this case, the Court is not convinced that dismissal is warranted.
IT IS THEREFORE ORDERED that the motion to dismiss is DENIED. Appellants shall have until July 15, 2024, to file and serve their opening brief.