IN THE SUPREME COURT OF THE STATE OF MONTANA DA 21-0537

FRANK L. HART and OPAL A. HART,

Plaintiffs and Appellees,

v. GEORGE W. HALE aka GEORGE WILLIAM HALE, individually and as Personal Representative ofthe Estate ofCecil Elmer Hal, Personal Representative ofthe Estate ofVolney Hale, and Co-Trustee ofthe Hale Family Trust Dated 3/13/2019;HEIRS OF JACKE. HALE, DECEASED;HEIRS OF STEVE M.HALE, DECEASED, DAVID E. HALE; WINONA M. HALE; and DEEANN HALE, Trustee ofthe Hale Family Trust Dated 3/13/2019;HEIRS OF JACK E. HALE, DECEASED, HEIRS OF STEVE M. HALE, DECEASED; DAVID E. HALE; WINONA M. HALE;AND DEEANN HALE, Trustee ofthe Hale Family Trust dated 3/13/2019; UNKNOWN HEIRS OF CECIL HALE; UNKNOWN HEIRS OF VOLNEYHALE;AND ALL OTHERPERSONS, UNKNOWN, CLAIMING OR WHO MIGHT CLAIM ANY RIGHT, TITLE, ESTATE ORINTEREST IN OR LIEN ORENCUMBRANCE UPON THE REAL PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO THE PLAINTIFF'S OWNERSHIP ORANY CLOUD UPON PLAINTIFFS' TITLE THERETO, WHETHER SUCH CLAIM OR POSSIBLE CLAIM BE PRESENT OR CONTINGENT,

Defendants. GEORGE W. HALE aka GEORGE WILLIAM HALE, individually and asPersonal Representative ofthe Estate ofCecil Elmer Hal, Personal Representative ofthe Estate ofVolney Hale, and Co-Trustee ofthe Hale Family Trust Dated 

# FILED DEC 2 3 2021

Bowell Greenwood Clerk of Supreme Court State of Montana

ORDER 12/23/2021

Case Number: DA 21-05373/13/2019; Counterclaimants and Appellants,

FRANKL. HART and OPAL A.HART; MONTANADEPARTMENT OF REVENUE; and ALL OTHERPERSONS UNKNOWN, CLAIMING OR WHO MIGHT CLAIM ANY RIGHT, TITLE, ESTATE ORINTEREST IN OR LIEN ORENCUMBRANCE UPON THEREAL PROPERTYDESCRIBED IN THE COMPLAINT ADVERSE TO THE PLAINITTT'S OWNERSHIP ORANY CLOUD UPON PLAINTIFFS' TITLE THERETO, WHETHER SUCH CLAIM OR POSSIBLE CLAIMBE PRESENT OR CONTINGENT,

Counter-Defendants.

This Court reviews briefs to ensure compliance with Rules 11 and 12 of the Montana Rules of Appellate Procedure. After reviewing the Appellants' opening brief filed on December 22, 2021, this Court has determined that the brief does not comply with the Rules and must be resubmitted. M. R. App. P. 2(4) requires the caption ofan appeal to "list the parties in the same order as the caption used in the district court, with the addition of the designations `appellant' and 'appellee' as appropriate." The Appellants' opening briefdoes not listthe parties inthe same order as the caption used in the district court. M. R. App. P. 11(4)(e) requires a certificate of compliance, which states the document's line spacing and that the document complies with word and/or page count limits. While the Appellants' opening brief contains a certificate of compliance, it does not contain the word count ofthe document. M. R. App. P. 11(6)(a) requires the front cover ofthe briefofan appellant be blue. The front cover ofthe Appellants' openingbriefis not blue. M. R. App. P. 12(1)(f) requires a summary ofthe argument which "shall contain a succinct, clear, and accurate statement ofthe arguments made in the body ofthe brief[.]"While the Appellants' opening briefcontains a section entitled "Summary ofArgument, '

it is over eight pages long and encornpasses all ofthe Appellants' arguments. M. R. App. P. 12(1)(g) requires a brief to contain an argument section, distinct from the summary ofthe argument, which contains the "contentions ofthe appellant with respect to the issues presented and the reasons therefor, with citations to the authorities, statutes, and pages of the record relied on[.]" The Appellants' opening brief does not contain a separate argurnent section. M. R. App. P. 12(1)(i) requires that an appellant must attach an "appendix that includes the relevant judgment, order(s), findings of fact, conclusions of law, jury instruction(s), ruling(s), or decision(s) from which the appeal is taken together with any written memorandum or rationale of the court, and those pages of the transcript containing any oral ruling in support." While the Appellants have provided the District Court's final judgment order, their appendix does not contain the relevant summary judgment'order from which they appeal. Therefore, IT IS ORDERED that the signed original and seven copies ofthe referenced brief be returned for revisions necessary to comply withthe specified Rules; IT. IS FURTHER ORDERED that a signed original and seven copies of the revised briefordered herein be filed withinten (10) days ofthe date ofthis Order with the Clerk of this Court and that one copy ofthe revised briefbe served on each counsel of record; IT IS FURTHER ORDERED that no changes, additions, or deletions other than those specified inthis Order rnay be rnade to thebriefas originally filed; IT IS FURTHER ORDERED that the postage costs for returning-the referenced copies of Appellants' brief will be billed to Appellants by the Clerk of this Court and shall be due and payable upon receipt; and IT IS FURTHER ORDERED that the tiines for any subseqUent briefing contained in M. R. App. P. 13 shall run frorn the date offiling ofthe revised brief The Clerk ofthis Court is directed to mail a true copy ofthis Order to Appellants and to mail a true copy ofthis Order to all counsel uponwhom thebriefwasserved.DATED this,231 day ofDecember, 2021. For the Court,

Justice