Marriage of Masters and Cubberly
Marriage of Masters and Cubberly
Opinion
03/25/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0122 DA 20-0122
IN RE THE MARRIAGE OF: FILED MAR 25 2020 JUSTIN LEVI MASTERS, Greenwd Bowen C0urt Clerk of Supreme Montana State of Petitioner and Appellee, ORDER and ALISIA CUBBERLY, Respondent and Appellant.
On February 25, 2020, self-represented Appellant Alisia Cubberly filed a Notice of Appeal of a final dissolution decree with this Court. A mediator was appointed. Pending before this Court is Alisia's unopposed motion for extension oftime to file her opening brief.
Alisia's motion is premature because this Court has not received the record from the Flathead County District Court. After the Notice of Appeal has been filed, the Clerk of District Court has forty days to provide this Court with the record. M. R. App. P. 9(1).
Alisia's opening brief will be due thirty days after receipt of the record. M.R. App. P. 13(1).
We point out that Alisia will receive a notice frorn the Clerk of the Supreme Court inforrning her of when this Court has filed the District Court record. M. R. App. P. 9(6). Alisia may seek a motion for extension of time, if necessary, after she receives this notice. Therefore, IT IS ORDERED that Alisia's Motion for Extension of Time is DENIED, as premature. Alisia may seek additional time to file her opening brief as explained above.
The Clerk ofthe Supreme Court is directed to provide a copy ofthis Order to all parties along with a copy of this Court's Civil Appellate Handbook.
DATED this day of March, 2020.
For the Court,
:* Chief Justice
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