ORIGINAL 12/29/2020

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0610

DA 20-0610 FILED IN RE THE MARRIAGE OF: DEC 2 9 2020 LYNDSEY M. LALICKER, Bowen Greenwood Court Clerk of Suprerne Srtc. nr Montana

Petitioner and Appellee, ORDER v.

CHAD J. HARTKOPF,

Respondent and Appellant.

Through counsel, Appellant Chad J. Hartkopf petitions this Court for an out-of-time appeal of a March 19, 2020 Findings of Fact, Conclusions of Law and Order, issued in the Sixth Judicial District Court, Park County. Hartkopfexplains that he relied on his previous counsel's advice that the Order was not appealable and that he should seek reliefthrough a motion pursuant to M.R. Civ. P. 59 or 60 in the District Court. He explains that his appeal is late due to inappropriate advice and not due to his mistake or negligence. M. R. App. P. 4(6). M. R. App. P. 4(6) allows this Court to grant an out-of-time appeal "Mr' the infrequent harsh case and under extraordinary circumstances amounting to a gross miscarriage ofjustice[d" We conclude that Hartkopf has demonstrated extraordinary circumstances to pursue this appeal. IT IS ORDERED that Hartkopfs Petition for an Out-of-Time Appeal is GRANTED and that his counsel shall prepare, file, and serve a Notice of Appeal with this Court in accordance with the Montana Rules of Appellate Procedure and within thirty days. Failure to do so will result in dismissal of this appeal without further notice. The Clerk of the Suprerne Court is directed to provide a copy of this Order to all counsel of record. DATED this 7/0 1 1 day of December, 2020.

Justices

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