09/06/2022

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0153

DA 22-0153

IN RE THE MARRIAGE OF SEP 0 6 2022 Bowen Greenwood Clerk of Supreme Court NIKKI FAYE WAITE, Stat ) of Montana

Petitioner and Appellant, ORDER and BRYCE ELLIS WAITE, Respondent and Appellee.

Nikki Faye Waite has filed a Petition for Rehearing of this Court's August 2, 2022 Order dismissing her appeal with prejudice because she has litigated her claims on appeal previously. See Marriage of Waite, No. DA 21-0103, 2021 MT 272N, 2021 Mont. LEXIS 835 (Waite I). Through counsel, Bryce Ellis Waite responds in opposition, requesting that Nikki's Petition be denied because she has not put forth any factual or legal reason, pursuant to M. R. App. P. 20(1).

Tpon review, Nikki has not provided any reason or law for rehearing. We conclude that Nikki has not demonstrated any legal authority or any criteria, such as a mistake of fact or question of law, to warrant rehearing. M. R. App. P. 20(1)(a)(i)-(iii). She has not clearly shown any exceptional circumstances. M. R. App. P. 20(1)(d). Therefore, IT IS ORDERED that Nikki's Petition for Rehearing is DENIED and DISMISSED.

The Clerk ofthe Supreme Court is directed to provide a copy of this Order to counsel of record and to Nikki Faye Waite personally.

DATED this JD ay of September, 2022.

Chief Justice ig'e- l' Z - •(> 7(t---`,-

, 24 ,r1 ItIL Justices

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