Opinion
DA 24-0396
07-09-2024
IN RE MARRIAGE OF: CLINTON ANDERSON, Petitioner and Appellee and ANGELINA ROSE RUFFATO, Respondent and Appellant.
ORDER
Appearing as a self-represented litigant, Angela Anderson, also known as Angelina Rose Ruffato (Angela), has filed a verified Petition for Out-of-Time Appeal, indicating that she improperly filed a timely Notice of Appeal with the District Court.
Angela states that she tried to file twice and that "'neither mailing was received by Helena." She further states that she ''was not properly included in the original hearing to make the final decree[.]" Angela adds that she was never "consulted ...." Angela alleges that the underlying Petitioner, Clinton Anderson, "forged" her signature when filing to request invalidity of marriage.
Angela includes a copy of a Lake County District Court Dissolution Decree, filed on September 19, 2023. We secured a copy of the District Court's docket sheet. Angela filed a Notice of Appeal with the District Court on October 16, 2023, and again on April 24, 2024.
M. R. App. P. 4(6) allows this Court to grant an out-of-time appeal "[i]n the infrequent harsh case and under extraordinary circumstances amounting to a gross miscarriage of justice[.]"
We conclude that Angela has demonstrated extraordinary circumstances. Therefore,
IT IS ORDERED that Angela's Petition for an Out-of-Time Appeal is GRANTED. The Clerk of the Supreme Court may file Angela's accompanying Motion to Proceed without Paying the Filing Fee and the Notice of Appeal as of this Order's date.
The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel of record and to Angela along with a copy of this Court's Civil Appellate Handbook.