### 1'17F 

# H I MAL
IN THE SUPREME COURT OF THE STATE OF MONTANA OP 21-0473
IAN ELLIOT,

Petitioner,

v. JOSEPH WOMACK and CINDY ELLIOT,

Respondents. 

# 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, andAugust 11, 2021. This Court observes that Elliot has a pending appeal ofthe same underlying probate matter with the same parties. Estate ofElliot, 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 involvespurely legal questions, and when one or more of three enumerated circumstances exist. M.R.App. P. 14(3)." City ofBillingsexreL Huertas v. BillingsMun. Court, 2017 MT 261,

### 112, 389 Mont. 158, 404 P.3d 709. Elliot's intent isto enjoin "execution oftheproperty sale orderpending 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 mustbe a case offirst impressionbecause he could find nopertinent 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 ofBillings, ¶

### 2. He has not crystallized any ofthe three other criteria, pursuant to M. R. App. P. 14(3)(a)-(c). Many fact-intensive aspectsexist in thismatter,which has spanned severalyears in District Court.2 Injunctive reliefis 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 ofhis appeal. This Court benefits from a review ofthe entire record on appeal along with briefingto determine the claims that Elliotpresents 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 ofthis Order to counsel ofrecord and to Ian Elliot personally. DATED this day ofSeptember, 2021.

ChiefJustice

tices
Elliot hasfiledan "Emergency Motion for Injunctive Reliefor 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 ofthe Estate ofA.H.E., No. DA 16-0304, 2016 MT 315N, 2016 Mont. LEXIS 1002 (Nov. 29, 2016) (This matter concerned the conservatorship ofAda Elliot). 2