Opinion
DA 23-0170
08-27-2024
MONTY CLARENCE PETERSEN, Plaintiff and Appellant, v. JENNIFER J. SIMON, APRN, Defendant and Appellee.
ORDER
Appellant, Monty Clarence Petersen, moves this Court for leave to file a supplemental brief pursuant to Mont. R. App. P. 12(10). Appellee, Jennifer J. Simon, APRN, opposes Petersen's motion.
Petersen seeks leave to file a supplemental brief to address this Court's recently issued Opinion in Estate of Phillips v. Robbins, 2024 MT 174, __ Mont. __, __P.3d __. Petersen asserts that "[t]here exist factual and legal differences between the instant case and Phillips, which [Petersen] would like an opportunity to explain."
"Motions to file ... supplemental briefs will not be routinely granted. Motions to file such briefs must be supported by an affidavit demonstrating extraordinary justification." Mont. R. App. P. 12(10). This Court is obviously well aware of our Opinion in Phillips and the factual and legal differences between this case and Phillips. Those differences are substantively addressed in our Opinion, issued contemporaneously with this Order. Therefore, Appellant's Motion for Leave to File Supplemental Briefing is DENIED.