Kubicka v. Frazier Industries

• Court: Montana Supreme Court
• Decided: March 10, 2020
• Docket: DA 19-0275
• Status: Unpublished

Opinion

• 03/10/2020

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 19-0275

DA 19-0275

KURT and ALICIA KUBICKA,

Plaintiffs, Appellants, and Cross-Appellees,

v. ORDER

FRAZIER INDUSTRIES,INC., d/b/a Yacht Basin Marina, FILED MAR 1 0 2020 Defendant, Appellee, and Cross-Appellant. Etowri L.;reenwood Clerk of Supreme Court State of Montana

Before the Court is the Appellant/Cross-Appellee Kubickas' February 20, 2020 motion to strike portions of Appellee/Cross-Appellant Frazier Industries' Reply Brief regarding the Kubickas' claim for attorney fees. Kubickas claim that Frazier's arguments on that issue are an improper sur-rebuttal to an issue Kubickas raised on direct appeal and do not reply to issues Frazier raised in its cross-appeal. Frazier Industries filed its objection on March 2. In between, this Court entered its February 26 order submitting the appeal on briefs to a five-justice panel. Because the case is fully briefed and has been submitted for decision, the Court will take the motion to strike under advisement for consideration with the merits of the appeal. IT IS THEREFORE ORDERED that the Appellants' Motion to Strike is TAKEN UNDER ADVISEMENT. The Clerk is directed to give notice of this Order to all counsel of record. 41A.. Dated this )D day of March,2020.

Chief Justice (g-6 1/?--

Justices