rj,t ' ORIGINAL 

IN THE SUPREIVIE COURT OF THE STATE OF MONTANA 

DA 23-0722 

CENTRON SERVICES, INC., DBA: ROCKY 

MOUNTAIN PROFESSIONAL, 

Plaintiff and 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-Time Appeal and has attached various documents from the Municipal Court for the 

City of Helena and the Lewis and Clark County District Court. 

Camey asserts that he "properly filed a timely Notice of Appeal with the Municipal 

and District Court. . . ." Camey asserts that he complied with all the necessary steps. Camey 

states that he disagrees with the Motion to Dismiss, filed by Cehtron Services, Inc., and with 

the District Court's Order Dismissing Appeal. 

We have reviewed Camey's attachments and obtained copies of documents 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 of Camey's appeal to the District Court 

because Camey did not file an undertaking for an appeal of a 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 23-0722
twice the amount of the judgment, including costs, when the judgment is for 

the payment of money. 

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 

financially unable to comply with the requirements 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 not reflect, and Camey does not contend, that he complied with any 

of these 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 of the Municipal 

Court Judgment to the District Court. The District Court dismissed his appeal on that basis. 

Camey has not demonstrated extraordinary circumstances, and a denial of his Petition will 

not amount to a gross miscarriage of justice. Therefore, 

IT IS ORDERED that Camey's Petition for an Out-of-Time Appeal is DENIED and 

DISMISSED. 

IT IS FURTHER ORDERED that this matter is CLOSED as of this Order's date. 

The Clerk is directed to provide a copy of this Order to: the Honorable Michael F. 

McMahon, District Court Judge; Angie Sparks, Clerk of Court, under Cause No. 

BDV-23-144; counsel of record; and Cesar Camey personally. 

DATED this day of December, 2023. 

SiV ne)? e

Chief Justice 

2 
Law

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Justices