IN THE SUPREME COURT OF THE STATE OF MONTANA 

DA 21-0195 

IN RE THE MARRIAGE OF: 

TIFFANEY GRIGG, 

Petitioner and Appellee, 

and 

PETER GRIGG, 

Respondent and Appellant. 

RLED 

AUG 2 4 2021 

Bowen Greenwood 

Clerk of Supreme Court 

State of Montana 

ORDER 

In an August 17, 2021 Order, this Court denied self-represented Appellant Peter 

Grigg's second motion for a thirty-day extension of time and ordered him to file his 

opening brief on September 7, 2021, or face dismissal of this appeal. This Court received 

the record electronically from the Lincoln County District Court on June 1, 2021. 

In a June 2, 2021 Order, this Court denied Appellee Tiffaney Grigg's Motion to 

Dismiss, filed by counsel, because of our recent decision in In re Weigand, 2021 MT 128, 

¶ 11, 404 Mont. 223, 486 P.3d 1272, stating that dismissal is not appropriate under M. R. 

Civ. P. 58(e). We stated then: "Rather, Peter's notice of appeal shall be held in abeyance 

and shall be treated as filed on the date of entry of the District Court's determination of 

attorney fees and costs." After ordering the motion's dismissal, this Court also stated: 

Pursuant to M. R. Civ. P. 58(e), the District Court retains jurisdiction 

to determine attorney fees and costs. 

Peter's Notice of Appeal will be treated as filed on the date on which 

the District Court enters its order determining the amount of attorney fees 

and costs awarded. 

Peter and the Clerk of District Court shall notify this Court within 14 

days of the District Court's entry of its order determining attorney fees and 

costs. Failure on Peter's part to provide such notification may result in 

dismissal of this appeal. 

08/24/2021

Case Number: DA 21-0195
Even though this Court has not received an order determining costs and fees, Peter 

has filed an opening brief, which was returned for deficiencies on July 2, 2021. Peter then 

sought extensions of time with this Court. We contacted the Clerk of District Court for 

Lincoln County. The District Court received a copy of the June 2, 2021 Order. Presiding 

over the underlying matter now is Judge Jennifer B. Lint of the Ravalli County District 

Court, and the matter has been re-set for hearing on August 27, 2021. We take this 

opportunity to clarify this proceeding on appeal. Accordingly, 

IT IS ORDERED that: 

1. this Court's August 17, 2021 Order concerning an extension of time is 

VACATED and this appeal is HELD IN ABEYANCE until the District Court 

issues an order determining attorney fees and costs; 

2. Peter may NOT FILE his opening brief until he first informs this Court in writing 

of notice of the District Court's written Order; and 

3. upon receipt of either a notice of filing or the filing of the District Court's Order 

determining attorney fees and costs, the Clerk of the Supreme Court SHALL 

FILE Peter's opening brief once submitted, and any opening brief and copies 

submitted by Peter before such notice or filing should be returned. 

The Clerk of the Supreme Court is directed to provide a copy of this Order to the 

Honorable Judge Jennifer Lint, Ravalli County District Court; to Tricia Brooks, Clerk of 

District Court, Lincoln County, under Cause No. DR-20-79; to counsel of record, and to 

Peter Grigg personally. 

DATED this Z-L1 day of August, 2021. 
3 

Justices