ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 21-0195

IN RE THE MARRIAGE OF:

TIFFANEY GRIGG,

Petitioner and Appellee,

and

PETER GRIGG,

Respondent and Appellant.

FILED

JUN 0 2 2021

Bowen Greenwood

Clerk of Supreme Court

State of Montana

ORDER

Through counsel, Appellee Tiffaney Grigg (Tiffaney) moves this Court to dismiss

this appeal because the order on appeal is not a final judgment as it lacks the District

Court's determination of attorney fees and costs. Self-represented Appellant Peter Grigg

(Peter) responds in opposition.

Tiffaney points out that Peter's appeal does not comply with the Montana Rules of

Appellate Procedure. Tiffaney explains that Peter's appeal of an April 14, 2021 Order

Adopting Recommended Decree and Setting Attorney's Fees, issued in the Nineteenth

Judicial District Court, Lincoln County, is not a final judgment for purposes of appeal

because the District Court has not entered its decision on attorney fees and costs. Relying

on M. R. App. P. 4(1)(a) and In Re the Marriage of Brockington, 2017 MT 92, ¶ 20, 387

Mont. 260, 400 P.3d 205, Tiffaney moves for dismissal without prejudice.

Peter responds that this appeal should proceed. He states: "The Final Order was

issued contemporaneously with Findings of Fact, etc." Peter then proceeds to list his

arguments on appeal.

Recently, we noted in In re Weigand, 2021 MT 128, ¶ 11, 404 Mont. 223, P .3 d

, that Brockington failed to take into account M. R. Civ. P. 58(e). Rule 58(e) provides:

06/02/2021

Case Number: DA 21-0195
A judgment, even though entered, is not considered final for purposes of

appeal under Rule 4(1)(a), M. R. App. P., until any necessary determination

of the amount of costs and attorney fees awarded, or sanctions imposed, is

made. The district court is not deprived of jurisdiction to enter its order on a

timely motion for attorney fees, costs, or sanctions by the premature filing of

a notice of appeal. A notice of appeal filed before the disposition of any such

motions shall be treated as filed on the date of such entry.

Under Rule 58(e) and In re Weigand, Peter's appeal, while premature, is not subject to

dismissal. Rather, Peter's notice of appeal shall be held in abeyance and shall be treated

as filed on the date of entry of the District Court's determination of attorney fees and costs.

Therefore,

IT IS ORDERED that Tiffaney's Motion to Dismiss is DENIED.

Pursuant to M. R. Civ. P. 58(e), the District Court retains jurisdiction to determine

attorney fees and costs.

Peter's Notice of Appeal will be treated as filed on the date on which the District

Court enters its order determining the amount of attorney fees and costs awarded.

Peter and the Clerk of the District Court shall notify this Court within 14 days of the

District Court's entry of its order determining attorney fees and costs. Failure on Peter's

part to provide such notification may result in dismissal of this appeal.

The Clerk also is directed to provide a copy of this Order to counsel of record; to

the Honorable Matthew J. Cuffe, Nineteenth Judicial District Court; to Tricia Brooks, Clerk

of District Court, Lincoln County, under Cause No. DR-20-79, and to Peter Grigg

personally.

DATED this Z day of June, 2021.

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