ORIGINAL 05/30/2023

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0092

DA 23-0092

IN RE: THE MARRIAGE OF: MAY 3 0 2023 Bowen Grlenvv000 CORRINA JOHNSON, Clerk of S. ', name Court State of Montana

Petitioner and Appellee, ORDER and TRENT RICHARD JOHNSON, Respondent and Appellant.

By motion fi led May 3. 2023. Appellee Corrina Johnson moves for dismissal of this appeal pursuant to M. R. App. P. 7(8) because Appellant Trent Richard Johnson failed to participate in mediation. Corrina alleges, as does the Mediator's Report filed by appointed mediator Daniel B. Bidegaray, that Trent did not provide a statement of position, a separate confidential settlement letter, or respond in any manner until after the start of the mediation, at which time his counsel e-mailed the mediator, stating, "I'm in trial." M. R. App. P. 7(8) provides that substantial noncompliance with mandatory appellate alternative dispute resolution may result in sanctions including dismissal of the appeal. In this case, in addition to failing to participate in mediation, Trent has failed to timely file an opening brief or request an extension of time to do so, and he has not responded to Corrina's motion to disrniss nor disputed her allegation that he failed to comply with the mandatory appellate alternative dispute resolution process. Dismissal is warranted under M. R. App. P. 7(8), 13(3), and 16(1).' IT IS HEREBY ORDERED that this appeal is DISMISSED WITH PREJUDICE.

The Clerk is directed to provide copies of this Order to all counsel of record.

I On May 26, 2023, Trent filed an untimely response to Corrina's motion to dismiss. In his response, Trent asserts a financial inability to order a transcript of the proceedings and adequately prepare an opening brief, but he completely fails to acknowledge, much less address, the primary basis for Corinna's motion to dismiss: Trent's substantial noncompliance with M. R. App. P. 7.

Dated this S6 a-4 of May, 2023.

Chief Justice

94 de 44._ 611 /f Z Justic s