State v. T. Ferris ( 2022 )

IGI 01/19/2022
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 21-0059
DA 21-0059
FILED
STATE OF MONTANA, JAN 1 9 2022
Bowen Greenwood
Clerk of Supreme Court
Plaintiff and Appellee, State of Montana
v. ORDER
THOMAS RICHARD FERRIS,
Defendant and Appellant.
The State of Montana has moved to dismiss Thomas Richard Ferris's appeal in this
matter. Ferris, via counsel, opposes dismissal.
On September 21, 2021, this Court issued an Order granting Ferris an extension of
time until December 13, 2021, to file his Opening Brief. Ferris did not timely file his brief
. or request a further extension of time, and on December 21, 2021, the State moved to
dismiss this appeal.
Ferris, via counsel, then submitted an Opening Brief to the Clerk of this Court on
December 23, 2021. However, the brief was rejected for failure to comply with
M. R. App. P. 12, and this Court ordered Ferris to file a corrected brief no later than
January 3, 2022. Ferris, via counsel, filed a corrected Opening Brief on
December 28, 2022.
The State has not alleged that it suffered from any prejudice as a result of Ferris's
late filing. While we expect all litigants to adhere to procedural rules, Greenup v. Russell,
2000 MT 154, ¶ 15, 300 Mont. 136, 3 P.3d 124, we conclude that dismissal of this appeal
is not warranted under the circumstances.
THEREF ORE,
IT IS ORDERED that the motion to dismiss is DENIED.
DATED this k \ day of January, 2022.
. iri JAIL
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