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IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 20-0234

KATRINA SULLIVAN, a/k/a Katrina Jorgensen,

Plaintiff and Appellee,

v.

PENNY WEYMILLER and LARRY McGILL,

Defendants and Appellants.

FILFn

SEP O 1 2020

Bowen Greenwoo

a

Clerk 

State 

of Supreme court of Montana ORDER

Through counsel, Katrina Sullivan (Sullivan) moves this Court for dismissal of this

appeal. Representing herself, Penny Weymiller (Weymiller) responds in opposition,

contending that her appeal is timely. No response has been received frorn self-represented

Appellant Larry McGill.

Sullivan points out that Weymiller's appeal is not properly before this Court. The

Custer County District Court entered its final judgment on February 10, 2020, granting

partial summary judgment to Sullivan on her declaratory judgment clairn; granting partial

summary judgment to Sullivan on Weymiller's and McGill's counterclaim' s, dismissing

Sullivan's remaining claims on her motion; and awarding attorney's fees and costs to

Sullivan. Sullivan states that on February 18, 2020, she filed the Notice of Entry of

Judgment pursuant to M. R. Civ. P. 77(d) and Weymiller filed a "Motion for

Reconsideration as to Attorney Fees and Final [Judgment]." Sullivan adds that Weymiller

appeals the court's March 19, 2020 Order denying Weymiller's Motion for

Reconsideration. Sullivan concludes that this Court does not have jurisdiction over this

appeal because it is not from a final judgment and Weymiller's Notice of Appeal, dated

and signed on April 18, 2020, was filed with the Clerk's Office on April 24, 2020.

M. R. App. P. 4(5)(a)(i).

Weymiller argues that the appeal is timely because she filed it within the thirty-day

time limit. She explains that the March 19, 2020 Order is the basis of her appeal and she

09/01/2020

Case Number: DA 20-0234
filed it on April 18, 2020, within the time frame. Weymiller also contends that she timely

submitted her opening brief and that it was filed late because of the on-going sorting

problems with the United States Postal Service.

Our rules for acquiring jurisdiction are stringent. M. R. App. P. 4(5)(a)(i) provides

that "[i]n civil cases, . . . , the notice of appeal shall be filed with the clerk of the supreme

court within 30 days from the date of entry of the judgment or order from which the appeal

is taken." Here, the notice of entry of judgement was entered on February 18, 2020, and a

tirnely appeal would have been on or before March 19, 2020. As the District Court noted

in its Order denying Weymiller's motion for reconsideration, motions for reconsideration

are not part of the Montana Rules of Civil Procedure. Nelson v. Driscoll, 285 Mont. 355,

359, 948 P.2d 256, 258-59 (1997). Appeals are only allowed from a timely motion made

pursuant to the Montana Rules of Civil Procedure, specifically M. R. Civ. P. 59 and 60.

M. R. App. P. 4(5)(a)(iv)(A)-(E). Weymiller's appeal is both untimely and improper. Her

filed Notice is more than a month late. Therefore,

IT IS ORDERED that Sullivan's Motion to Dismiss is GRANTED and this appeal

is DISMISSED with prejudice.

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

to Penny Weymiller and Larry McGill personally.

DATED this — day of September, 2020.

Chief Justice

2

Justices 'elt—e