IN THE SUPREME COURT OF THE STA.TE OF MONTANA DA 20-0554
CATTAIL CREEK COMMUNITY ASSOCIATION,a Montana nonprofit corporation,

Plaintiffand 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 oftime 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 thatrequest,Thompson further puts forth thathe "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 aNotice ofAppeal 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 20-0554County District Court,ultimately receiving an award ofattorney 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 ofreasonable attorney fees incurred by the Association on appeal." Cattail Creek,

## ¶ 21. On August 7, 2020,the District Court issued its Findings ofFacts 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 ofDeemed Denial, pursuant to M.R. Civ. P. 59(f), that Thompson seeks to appeal. When Thompson filed his Notice ofAppeal with this Court,we acquiredjurisdiction ofthe matter,which deprived the District Court the opportunity to act on any motions filed after the courthad 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 briefwould be due thirty days after the receipt ofthe complete record. M.R.App.P. 13(1). Thompson's briefwas due on or before January 8, 2021. Thompson filed his motion for an extension oftime 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 ofattòrney fees upon remand. Accordingly, IT IS ORDERED that Thompson's Motion for an Extension ofTime is GRANTED as specified herein and his opening brief is thus due on or before Monday, February 8, 2021. Failure to file the opening briefwill result in dismissal ofthis appeal without further notice. We reiterate that the permissible scope ofThompson's appeal under this extension, is limited to preserved assertion(s) oferror regarding the District Court's determination of attorney fees upon remand.The Clerk also is directed to provide a copy ofthis Order to counsel ofrecord and

to Peter Thompson personally. DATED this C-

1 .\/)--- day ofJanuary, 2020. 

# 9 -71 A4 „A.-11.,_

L Adi

re.s.. 51

Justices

3