Dobrowski v. Buffalo Trails Estate
DA 23-0674
Mont.Jan 2, 2024Check Treatment ORIGINAL 01/02/2024
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 23-0674
DA 23-0674
JOHN DOBROWSKI,
Plaintiff and Appellant,
v.
ORDER
BUFFALO TRAILS ESTATES
HOMEOWNERS ASSOCIATION, INC.,
Defendant and Appellee.
JAN 0 2 2:24
Bowen Greermiood
ui Sup:
Stale of montana
Appellant John Dobrowski, representing himself in this appeal, filed his opening brief on December 29, 2023. This Court reviews briefs to ensure compliance with
the Montana Rules of Appellate Procedure. The Court attempts to give some leeway
to self- represented litigants, but there are certain requirements of the Rules of Appellate
Proced ure that are essential to its ability to consider an appeal. After reviewing the Appel
lant's opening brief, this Court has determined that the brief does not comply with the
below- referenced Rules and must be resubmitted with corrections. The Court has publish
ed a handbook to help litigants prepare their briefs for filing and will provide Mr. Dobro
wski a copy to assist him in submitting his revised brief.
Rule 12(1)(b) requires a statement of issues presented for review. The statement
of issues should identify for this Court what legal errors the Appellant believes the
district court made.
Rule 12(1)(d) requires that the statement of facts portion of a brief contain references to the pages or the parts of the record at which material facts appear
. This Court may not consider any facts or documents that the District Court did not have
before it. Appellant's statement of the case and facts does not contain references to the
record. Therefore, the brief must include references to the record on appeal—for
example, Complaint, p. 2; Order, p. 3; or Motion for Summary Judgment, p. 2.
Rule 12(1)(e) requires a statement of the standard of review as to each issue
raised,
together with a citation to authority. Appellant's brief omits this section. The
Court' s
website includes a Standards of Review Handbook that the Appellant may find
helpful:
https://courts.mt.gov/SORH/
Rule 12(1)(f) requires a summary of the argument containing a succinct, clear,
and
accurate statement of the arguments made in the body of the brief. Appellant's
brief
contains no summary of the argument.
Rule 12(1)(i) provides that an appellant's opening brief shall contain an
appendix
that includes the relevant judgment, orders, findings of fact, conclusions
of law, juty
instructions, rulings, or decisions from which the appeal is taken. Appellant's
brief does
not contain the October 6, 2023, Order that Appellant presumably appeals.
Finally, Rule 11(4)(e) requires a signed certificate of compliance that states that
the document's line spacing is proportionally spaced; the text is double spaced
; and the calculated word count. Appellant may rely on the word count of the word
processing system used to prepare the brief The word count only needs to include
the count of the actual brief content itself. In other words, it is not necessary to count
the words of the Cover Page, Table of Contents, Table of Authorities, Certificate of Servic
e, Certificate of Compliance, and Appendices.
IT IS THEREFORE ORDERED that the Appellant's Opening Brief is rejecte
d.
IT IS FURTHER ORDERED that the referenced brief and copies
submitted be returned for revisions necessary to comply with the specified Rules.
IT IS FURTHER ORDERED that within twenty-one (21) days of the
date of this Order the Appellant shall file with the Clerk of Court a signed original
and seven (7) copies of the revised brief containing the revisions necessary to comply with
the specified Rules and that the Appellant shall serve copies of the revised brief on all parties
of record.
IT IS FURTHER ORDERED that no changes, additions, or deletions other
than those specified in this Order may be made to the brief as originally fil
ed.
IT IS FURTHER ORDERED that the postage costs for returning the
Appellant's brief will be billed to Appellant by the Clerk of this Court and shall
be due and payable
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upon receipt.
IT IS FURTHER ORDERED that the times for any subsequent briefing contai
ned in M. R. App. P. 13 shall run from the date of filing of the revised brief.
The Clerk of this Court is directed to mail a true copy of this Order to the Appel
lant, along with a copy of the Civil Appellate Handbook, and to all parties of record
.
DATED this 2nd day of January, 2024.
For the Court,
By 117--v6--A—?
//76 Justi e
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