IN THE SUPREME COURT OF THE STA.TE OF MONTANA

DA 20-0554

CATTAIL CREEK COMMUNITY

ASSOCIATION, a Montana nonprofit corporation,

Plaintiff and Appellee,

v.

PETER THOMPSON,

Defendant and Appellant.

ORDER

F

JAN 2 6 2021

Bowen Greenwood

Clerk of Supreme Court

State of Montana

Representing himself; Peter Thompson moves this Court for an extension of time to

file an opening brief, or alternatively, for an order to direct the Eighteenth Judicial District

Court, Gallatin County, to "adjudicate three ripe motions." Through counsel, the Cattail

.Creek Community Association (hereinafter the Association) responds that Thompson's

appeal should be dismissed.

In his instant motion, Thompson explains that he has filed two Rule 11 motions and

a motion for a "Summary Order of Inspection and Copyine in the District Court. He

requeks that this Court appoint another judge and order the District Court to adjudicate

these "ripe" motions. Barring that request, Thompson further puts forth that he "be allowed

30 days from the ordered adjudication to file an opening brief in the immediate matter if

there then remains a perceived need to do so."

The Association requests that this Court decline to give much more latitude to

Thompson as a self-represented litigant. The Association explains that these motions in

the District Court were pending when Thompson filed a Notice of Appeal on November 18,

2020. The Association reiterates dismissal of this appeal because 141 some point,

Mr. Thompson's nonsense has to stop."

This Court is familiar with the history of the underlying proceeding. Thompson

appealed a previous decision where the Association was the prevailing party in the Gallatin,

01/27/2021

Case Number: DA 20-0554
County District Court, ultimately receiving an award of attorney fees and costs. This Court

affirmed the District Court. Cattail Creek Cmty. Ass'n. v. Thompson, No. DA 18-0539,

2019 MT 233N, in 2, 23, 2019 Mont. LEXIS 535 (Oct. 1, 2019). Due to the attorney fees'

provision in the covenants, this Court remanded the matter to the District Court to

determine and award "the cost of reasonable attorney fees incurred by the Association on

appeal." Cattail Creek, ¶ 21.

On August 7, 2020, the District Court issued its Findings of Facts and Conclusions

of Law Re: Post Judgment Fees and determined that Thompson owed the Association

$23,935.00 for its reasonable attorney fees with interest. This is the final judgment along

with the Notice of Deemed Denial, pursuant to M. R. Civ. P. 59(f), that Thompson seeks

to appeal.

When Thompson filed his Notice of Appeal with this Court, we acquired jurisdiction

of the matter, which deprived the District Court the opportunity to act on any motions filed

after the court had acted on his M. R. Civ. P. 59(f) motion. See M. R. App. P. 4(5)(a)(iv)(E).

This Court received the District Court record on December 4, 2020, and the exhibits and

transcript were received on December 9, 2020. The opening brief would be due thirty days

after the receipt of the complete record. M. R. App. P. 13(1). Thompson's brief was due

on or before January 8, 2021. Thompson filed his motion for an extension of time on the

due date, January 8, 2021. M. R. App. P. 16(1).

We conclude that Thompson should have some more time to file his opening brief.

In his brief, Thompson is directed to address only any issue concerning the District Court's

determination of attòrney fees upon remand. Accordingly,

IT IS ORDERED that Thompson's Motion for an Extension of Time is GRANTED

as specified herein and his opening brief is thus due on or before Monday, February 8,

2021. Failure to file the opening brief will result in dismissal of this appeal without further

notice. We reiterate that the permissible scope of Thompson's appeal under this extension,

is limited to preserved assertion(s) of error regarding the District Court's determination of

attorney fees upon remand.
The Clerk also is directed to provide a copy of this Order to counsel of record and

to Peter Thompson personally.

DATED this C-.1 \/)---day ofJanuary, 2020.

9-71 A4 „A.-11.,_

LAdire.s.. 51

Justices

3