Opinion
DA 21-0505
03-09-2022
IN RE THE ADOPTION OF: L.E.R.G., A Minor Child. v. IUSTIN A. SHIELDS, Father, Respondent and Appellant, NATHAN SCOTT KUFNER, Petitioner and Appellee, and TINA WOLFORD, Intervener and Appellant.
ORDER
On December 7, 2021, Appellant Tina Wolford filed a motion requesting an extension of time within which to file her opening brief. The Court granted her an additional 30 days. On January 7, 2022, the Court rejected Appellant's brief, which she filed jointly with her son, Justin Shields, for noncompliance with the Montana Rules of Appellate Procedure. The Court gave Appellants 10 days to re-file their opening brief.
On January 14, 2022, Appellants filed a second motion for a 30-day extension, indicating that they had not yet received the initial briefs from the Clerk of Court. The Court granted Appellants until February 28, 2002, to file a compliant opening brief with this Court. The Order stated: "Failure to file the brief within that time will result in dismissal of this appeal with prejudice and without further notice."
On March 3, 2022, Appellant resubmitted the opening brief, which was again noncompliant. More to the point, the brief was not filed within the time granted by the Court, and Appellant did not seek an extension despite this Court specifically admonishing Appellant that failure to file a brief within the time allowed would result in dismissal with prejudice and without further notice.
IT IS ORDERED that Appellants' appeal is hereby DISMISSED with prejudice for failure to comply with M. R. App. P. 13 and this Court's previous Order.
The Clerk is directed to provide a copy of this Order to the Appellants and to all parties of record.