Opinion
DA 24-0318
05-29-2024
AMELIA MARQUEZ, an individual; and JOHN DOE, an individual, Plaintiffs and Appellees, v. STATE OF MONTANA; GREGORY GIANFORTE, in his official capacity as the Governor of the State of Montana; the MONTANA DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES; and ADAM MEIER, in his official capacity as the Director of the Montana Department of Public Health and Human Services, Defendants and Appellants.
ORDER
Appellant State of Montana, et al., appeals from the June 26, 2023 Order from the Thirteenth Judicial District Court, Yellowstone County, entered in that court's Cause No. DV 21-873.
The State filed its Notice of Appeal on May 20, 2024. In that Notice, it indicated the appeal was an appeal from an order certified as final under M. R. Civ. P. 54(b). However, M. R. App. P. 4(b) provides, in relevant part, that if an appeal is taken after certification by the district court under M. R. Civ. P. 54(b), the notice of appeal shall state that fact, and a copy of the certification order shall be attached to the notice of appeal. In this case, the only document attached to the Notice of Appeal is the June 26, 2023 Order. The Order does not contain any certification pursuant to M. R. Civ. P. 54(b).
Without proper certification, we are without jurisdiction to entertain the appeal. Kohler v. Croonenberghs, 2003 MT 260, 317 Mont. 413, 77 P.3d 531. Furthermore, this Court may sua sponte raise the issue of whether an appeal has come to this Court prematurely and should therefore be dismissed for lack of jurisdiction. Farmers Union Mut. Ins Co v Norton, 2003 MT 79, ¶ 19, 315 Mont 43, 67 P.3d 285 (Gray, CJ, concurring) (citing Litigation Relating to Riot, 283 Mont. 277, 281, 939 P.2d 1013, 1016 (1997)).
Since the June 26,2023 Judgment is not directly appealable under M. R. App. P. 6(1) or 6(3), and since the State failed to attach a certification order as required by M. R. App. P. 4(b), this matter is not properly before this Court at this time.
IT IS THEREFORE ORDERED that this appeal is DISMISSED WITHOUT PREJUDICE