Opinion
DA 22-0516
11-29-2022
PETER GRIGG, Plaintiff and Appellant, v. BEAVERHEAD EMS, Defendant and Appellee.
ORDER
Peter Grigg has filed a pleading entitled "Writ of Certiorari, Denial of Appeal," in which Grigg "requests a rehearing of above Appeal." Pursuant to M. R. App. P. 20(1), we deem the document to be a petition for rehearing of the Court's Opinion and Order of October 18, 2022 ("Order"), which dismissed the appeal and declared Grigg to be a vexatious litigant. This Court "will consider a petition for rehearing presented only upon ... [t]hat it overlooked some fact material to the decision[,] ... or [t]hat its decision conflicts with a statute or controlling decision not addressed by the supreme court." M. R. App. P. 20(1)(a)(i) and (iii).
After ruling on the merits of the appeal, and affirming the District Court's dismissal of Grigg's action against Beaverhead Emergency Medical Services (BEMS), we remanded the matter for determination of attorney fees awarded to BEMS for defending a frivolous appeal. See Grigg v. Beaverhead Emergency Med. Servs., No. DA 21 -0229,2022 MT 48N, 2022 Mont. LEXIS 191. After the District Court entered an order on remand determining the fees, Grigg again appealed. Appellee BEMS moved to dismiss the appeal on procedural grounds, as Grigg was continuing to argue the merits of the case and making unsubstantiated ethical allegations against the presiding judge, and to declare Grigg a vexatious litigant. We noted that Grigg had "raise[d] no objection based upon the narrow fee issue specified for remand and resolved therein[.]" Grigg, ¶ 4. Grigg v. Beaverhead EMS, 2022 MT 206, ¶ 6, 410 Mont. 355, ___P.3d ___. We also outlined Grigg's extensive litigation history and declared him to be a vexatious litigant. Grigg, ¶¶ 7-13.
Grigg states the vexatious litigant claim is "purely political" and constitutes "excessive punishment." He continues to argue he was denied due process in the manner the District Court conducted the hearing on remand.
However, the Order was clear and extensively detailed Grigg's continued abuse of the Montana judiciary by wasting resources with his frivolous, duplicative, and harassing lawsuits. It had nothing to do with politics, but Grigg's behaviors. It is just as clear that Grigg, who declined to attend the remand hearing, was not denied due process.
Grigg has not shown any basis in law or fact for rehearing. Therefore, IT IS ORDERED that Grigg's "Writ of Certiorari, Denial of Appeal" deemed a Petition for Rehearing is DENIED and DISMISSED.
The Clerk is directed to CLOSE this case as of this Order's date.
The Clerk is also directed to provide a copy of this Order to counsel of record and to Peter Grigg personally.