Marriage of Stevens ( 2021 )

01/12/2021 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 21-0017 DA 21-0017 FILE IN RE THE MARRIAGE OF: JAN 1 2 2021 CHRISTINA M. STEVENS, Bowen Greenwood Clerk of Supreme Court: State of Montana Petitioner and Appellee, ORDER and, ROBERT A. STEVENS, Respondent and Appellant. Representing himself, Robert A. Stevens has filed a verified Petition for an Out-of-Time Appeal of a decree of dissolution. We amend the caption to comport with M. R. App. P. 2(4). As grounds, Robert indicates that he improperly filed a Notice of Appeal in the Flathead County District Court. Robert states the District Court issued its decree on November 24, 2020, and he did not receive a copy of the decree until Decernber 4, 2020. He further states that he includes a copy of this judgment. M. R. App. P. 4(6) allows this Court to grant an out-of-time appeal "Nil the infrequent harsh case and under extraordinary circumstances amounting to a gross miscarriage ofjustice[J" No copy of the District Court's Findings of Fact, Conclusions of Law, and Decree ofDissolution was included with Robert's filed Petition. We secured a copy ofthe register of actions. Robert initially filed a notice ofappeal on January 5, 2021, in the District Court. We point out that the thirty-day clock for filing an appeal comrnences on the filing date of the final judgment, not when a party receives a copy. M. R. App. P. 4(5)(a)(i). See also M. R. App. P. 3 for computation of time. Given the foregoing, we conclude that Robert is entitled to pursue this appeal because he has demonstrated extraordinary circumstances pursuant to M. R. App. P. 4(6). IT IS ORDERED that Robert's Petition for an Out-of-Time Appeal is GRANTED. Robert must prepare, file, and serve a copy of a Notice of Appeal within thirty days or, on or before Thursday, February 11, 2021. Failure to do so will result in dismissal of this appeal without further notice. The Clerk of the Supreme Court is directed to provide a copy of this Order to all parties of record along with a copy of this Court's Civil Appellate Handbook. "rn-, DATED this I Z, day of January, 2021. Chief Justice X-6/5„ / /"› Justices 2