# rj, t 'ORIGINAL
IN THE SUPREIVIE COURT OF THE STATE OF MONTANA DA 23-0722
CENTRON SERVICES, INC., DBA: ROCKY MOUNTAIN PROFESSIONAL,

Plaintiffand Appellee,

v. CESAR CAMEY,

Defendant and Appellant. 

# Fil En DEC 2 7 2023 Bowen Greenwood Clcrk of Suprcmo court State of Montana ORDER

Self-represented Appellant Cesar Camey has filed a verified Petition for an Out-of-TimeAppeal and has attached various documents from theMunicipal Court for the City ofHelena and the Lewis and Clark County District Court. Camey asserts that he "properly filed a timely Notice ofAppeal with the Municipal and District Court.
. . ." Camey assertsthathe complied with all the necessarysteps. Camey statesthat he disagrees with theMotiontoDismiss, filed by Cehtron Services,Inc., andwith the District Court's Order Dismissing Appeal. Wehave reviewed Camey's attachments and obtained copies ofdocuments from the District Court. On February 14, 2023, the Municipal Court entered a Judgment against Camey for $4,341.03, including the principal sum, filing fees, and service fees. Camey sought an appeal in the District Court on March 1, 2023, and the court received the Municipal Court's record. The District Court set a briefing schedule the next day. Centron Services, Inc. moved for dismissal ofCamey's appeal to the District Court because Camey did not file an undertaking for an appeal ofa money judgment to District Court. The District Court granted the motion. Section 25-33-201(1), MCA, provides, in pertinent part: [A]n appeal froin a justice's or city court is not effectual for any purpose unless an undertaking is filed, with two or more sureties, in a sum equal to 12/27/2023

Case Number: DA 23-0722twice the amount ofthejudgment, including costs, when thejudgment is for

the payment ofmoney. As an alternative to filing an undertaking, Camey could have deposited with the court the amount of the judgment appealed plus $300. Section 25-33-205, MCA. If Camey was financiallyunableto complywiththerequirements of§25-33-201(1),MCA, or §25-33-205, MCA, he could have sought a determination of indigency from the District Court, which would have resulted in a waiver of the undertaking requirements. Section 25-33-201(4), MCA. The record does notreflect, and Camey does not contend, that he complied with any ofthese alternative options. 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[t "Extraordinary circumstances do not include mere mistake, inadvertence, or excusable neglect." M. R. App. P. 4(6). Camey did not comply with the requirements to perfect an appeal ofthe Municipal Court Judgmentto theDistrict Court. TheDistrict Court dismissed his appeal onthat basis. Camey has not demonstrated extraordinary circumstances, and a denial ofhis Petition will not amount to a gross miscarriage ofjustice. Therefore, IT IS ORDERED that Camey's Petition for an Out-of-TimeAppeal is DENIED and DISMISSED. IT IS FURTHER ORDERED that this matter is CLOSED as ofthis Order's date. The Clerk is directed to provide a copy ofthis Order to: the Honorable Michael F. McMahon, District Court Judge; Angie Sparks, Clerk of Court, under Cause No. BDV-23-144; counsel ofrecord; and Cesar Camey personally. DATED this day ofDecember, 2023.

SiV e ne)? ChiefJustice
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