IN THE SUPREME COURT OF THE STATE OF MONTANA 

DA 23-0442 

IN RE THE MAkRIAGE OF: 

ABRIELLE ELIZABETH HOLMQUIST, 

Petitioner and Appellee, 

FLED 

MAR - 5 2024 

BOWEM Greenwood 

Clerk of Supreme Court 

State of Montana 

ORDER 

and 

GIOVANNI MARINO, 

Respondent and Appellant. 

Self-represented Appellant Giovanni Marino has filed an "Emergency Motion to 

Stay Orders pending Supreme Court Appeal[.]" He states that he requests a stay of the 

underlying "Petitioner's proposed parenting plan and return[ing] the minor child, AEBH, 

to Respondent pending Supreme Court Appeal." Marino includes several attachments with 

this Motion. This Court notes that no response has been filed. 

This Court received the Flathead County District Court record on September 19, 

2023, and Marino rpfiled his opening brief, after correcting certain deficiencies on 

December 7, 2023. The case was sent to the Court on February 2, 2023, because no 

response brief was filed. Since then, self-represented Abrielle Elizabeth Holmquist moved 

the Court for additional time to file her brief, which this Court granted until March 25, 

2024. 

Upon review of the register of actions and order on appeal, we conclude that 

Marino's request for stay is improper and untimely. While Marino sought a motion to stay 

Orders in the District Court on August 14, 2023, the court did not have the opportunity to 

entertain his motion because Marino filed his Notice of Appeal the next day, on August 15, 

2023. M. R. App. P. 22(1)(a) and 22(2). Additionally on that day as well, the court held a 

status and scheduling conference for a non-jury trial in February and to set a contested 

03/05/2024

Case Number: DA 23-0442
hearing on the interim parenting plan. In lieu of issuing an order on the status and 

scheduling conference, the court stated in its Order that it would take no further action 

because of the pending appeal and recommended that both parties contact the Montana 

Family Transition Project for access to possible resources. 

Marino then attempted to seek relief in the District Court the next month. On 

September 7, 2023, the District Court denied Marino's Emergency Motion for Contempt 

of Court and Warrant, explaining that the only parenting plan is the August 9, 2023 interim t

parenting iJlan and that the Kalispell Municipal Court issued a protection order for 

Holmquist and against Marino, valid until July 10, 2024. 

We further conclude that this appeal is improperly before this Court. The District 

Court has not concluded all matters in this proceeding. M. R. App. P. 4(5)(a)(i). Marino 

does not have a final judgment to appeal. M. R. App. P. 4(1)(a). Therefore, 

IT IS ORDERED that: 

1. Marino's Emergency Motion to Stay Orders pending Supreme Court Appeal is 

DENIED; 

2. this appeal is DISMISSED without prejudice. Marino may seek an appeal when 

he has a final judgment from the District Court; and 

3. the Clerk of the Supreme Court is directed to CLOSE this appeal as of this 

Order's date. 

The Clerk also is directed to provide a copy of this Order to all parties at their last 

known address. 

DATED this ,S day of March, 2024. 

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