Pummill v. Patterson

Opinion

08/23/2023

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0253

DA 23-0253

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ADAM PUMMILL, an individual, and ADAM PUMMILL and KURTIS ROBERTSON as a member of Black Gold Enterprises, LLC, members of, and on behalf of BLACK GOLD ENTERPRISES, LLC,

Plaintiffs and Appellees,

v.

JOSHUA T. PATTERSON a/k/a JOSH ORDER PATTERSON, as an individual and d/b/a PATTERSON ENTERPRISES, INC., also d/b/a ROCKY MOUNTAIN EQUIPMENT, INC., p/k/a ROCKY MOUNTAIN JCB, INC., also d/b/a ROCKY MOUNTAIN RENTAL SPECIALISTS, LLC, also d/b/a ROCKY MOUNTAIN EQUIPMENT also d/b/a ROCKY MOUNTAIN RENTAL, also d/b/a ROCKY MOUNTAIN EQUIPMENT OF MISSOULA MONTANA,

Defendants and Appellants.

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This Court reviews briefs to ensure compliance with Rules 11 and 12 of the Montana Rules of Appellate Procedure. After reviewing the Appellant’s opening brief filed electronically on August 21, 2023, this Court has determined that the brief does not comply with the below-referenced Rule and must be resubmitted.

Pursuant to M. R. App. P. 12(1)(i), appellants must attach an “appendix that includes the relevant judgment, order(s), findings of fact, conclusions of law, jury instructions(s), ruling(s), or decision(s) from which the appeal is taken together with any written memorandum or rationale of the court” to an opening brief. Appellant Joshua T. Patterson’s appendix did not contain the relevant documents. Accordingly, Appellant will need to resubmit the appendix including the relevant documents from which he appeals. Therefore,

IT IS ORDERED that the referenced brief is rejected. IT IS FURTHER ORDERED that within ten (10) days of the date of this Order the Appellant shall electronically file with the Clerk of this Court a revised brief containing the revisions necessary to comply with the specified Rule and that the Appellant shall serve copies of the revised brief on all parties of record;

IT IS FURTHER ORDERED that no changes, additions, or deletions other than those specified in this Order may be made to the brief as originally filed; and IT IS FURTHER ORDERED that the times for any subsequent briefing contained in M. R. App. P. 13 shall run from the date of filing of the revised brief.

The Clerk is directed to provide a true copy of this Order to the Appellant and to all parties of record.

Electronically signed by:

Laurie McKinnon Justice, Montana Supreme Court August 23 2023