Warrington v. G.F. Clinic ( 2020 )

05/12/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 19-0679 DA 19-0679 FILED LISA WARRINGTON, MAY 12 2020 Bowen Greenwood Clerk of Supreme Court Plaintiff and Appellant, State nf Montana v. ORDER GREAT FALLS CLINIC, LLP, Defendant and Appellee. Before the Court is the Appellee Great Falls Clinic,LLP's("Clinic") motion to strike page seven of Appellant Lisa Warrington's ("Warrington") reply brief filed on April 22, 2020. The Clinic argues that Warrington's argument is improper because it is not "confined to new matter raised in the brief of the Appellee as required by M. R. App. P. 12(3). The Clinic claims that Warrington's reply briefimproperly presents for the first time her argument as to how she calculates the post-judgment interest she seeks. The Clinic claims post-judernent interest was never addressed in its response briefand thus Warrington's reply brief addressing it is improper. Warrington filed her objection on April 30,2020,arguing that she has maintained her position that she is entitled to a daily rate ofinterest until judgment is fully satisfied and that shc was responding directly to the Clinic's brief. In the meantirne, the Clerk of Court sent this rnatter up to the Court as fully briefed and ready for classification. Because the case is fully briefed and soon will be considered for submission,the Court will take the motion to strike under advisement for consideration with the merits ofthe appeal. IT IS THEREFORE ORDERED that the Appellee*s Motion to Strike is TAKEN UNDER ADVISEMENT. The Clerk is Ucted to give notice of this Order to all counsel of record. Dated this 1 2_ day of May,2020. Chief Justice Justices