1'17 F H 

I MAL 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

OP 21-0473 

IAN ELLIOT, 

Petitioner, 

v. 

JOSEPH WOMACK and CINDY ELLIOT, 

Resp ondents. 

FILED 

SEP 21 2021 

Bowen Greenwood 

Clerk of Supreme Court 

State of Montana 

ORDER 

Representing himself, Ian Elliott has filed a "Petition for Writ of Injunction or 

Supervisory Control or Other Appropriate Writ" concerning a probate matter from the 

Thirteenth Judicial District Court, Yellowstone County. Elliot seeks to set aside four 

District Court Orders, dated June 10, 2021, June 14, 2021, August 10, 2021, and August 11, 

2021. This Court observes that Elliot has a pending appeal of the same underlying probate 

matter with the same parties. Estate of Elliot, No. DA 21-0343, Notice of Appeal filed 

Jul. 14, 2021. 

Supervisory control is an extraordinary remedy. "Supervisory control is appropriate 

`when urgency or emergency factors exist making the normal appeal process inadequate, 

when the case involves purely legal questions, and when one or more of three enumerated 

circumstances exist. M. R. App. P. 14(3)." City ofBillings ex reL Huertas v. Billings Mun. 

Court, 2017 MT 261, 112, 389 Mont. 158, 404 P.3d 709. 

Elliot's intent is to enjoin "execution of the property sale order pending appeal." He 

contends that the District Court has erred in its decisions and that this case meets the 

requirements set forth in M. R. App. P. 14(3). Elliot asserts that his issues "are 'purely 

legal' questions regarding whether Ada Estate's distribution should follow the mandatory 

statutory requirement," and three other issues. Elliot states that the case has state-wide 

implications and that it must be a case of first impression because he could find no pertinent 

case law. 

09/21/2021

Case Number: OP 21-0473
This Court concludes that supervisory control is not warranted because Elliot has a 

remedy with a timely appeal pending.' Elliot has not demonstrated inadequacy of the 

norrnal appeal process, nor has he shown purely legal questions. City of Billings, ¶ 2. He 

has not crystallized any of the three other criteria, pursuant to M. R. App. P. 14(3)(a)-(c). 

Many fact-intensive aspects exist in this matter, which has spanned several years in District 

Court.2 Injunctive relief is not appropriate either. See §§ 27-19-101, through 27-19-406, 

MCA. Elliot requested a stay in the District Court, which the court denied in its June 14, 

2021 Order, the basis of his appeal. This Court benefits from a review of the entire record 

on appeal along with briefing to determine the claims that Elliot presents about the District 

Court and this probate proceeding. Accordingly, 

IT IS ORDERED that Elliot's Petition for a Writ of Injunction or, alternatively 

Supervisory Control, is DENIED and DISMISSED. 

The Clerk is directed to provide a copy of this Order to counsel of record and to Ian 

Elliot personally. 

DATED this day of September, 2021. 

Chief Justice 

tices 

Elliot has filed an "Emergency Motion for Injunctive Relief or Stay District Court Order Pending 

Appeal" in his appeal as well. Opposing counsel filed a response in opposition recently. 

2 See also In the Matter of the Estate of A.H.E., No. DA 16-0304, 2016 MT 315N, 2016 Mont. 

LEXIS 1002 (Nov. 29, 2016) (This matter concerned the conservatorship of Ada Elliot). 

2