Herrington v. Rogers ( 2020 )

05/19/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 19-0600 No. DA 19-0600 FILED DEBORAH L. HERRINGTON, MAY 1 9 2020 Bowen Greenwood Petitioner and Appellee, Clerk of Suprerne Cour State of Montana ORDER v. MICHAEL STEVEN ROGERS, Respondent and Appellant. This Court dismissed the above-referenced appeal on April 7,2020,for the reason that the Order ofProtection issued by the Yellowstone County Justice Court against Appellant Michael Steven Rogers had expired of its own terms and the appeal therefore was moot. Rogers petitions for rehearing, alleging that he has suffered collateral consequences as a result ofthe order ofprotection, including that he lost his concealed weapon permit and has a foster parenting certificate that he will lose. Appellee Deborah Herrington has not responded. Having reviewed Rogers's petition, the Court agrees that there may be collateral consequences from the Order ofProtection and it is appropriate to address the appeal on the merits. IT IS THEREFORE ORDERED that the petition for rehearing is GRANTED and the April 7, 2020 order of dismissal is WITHDRAWN. An opinion will issue in due course. The Clerk is dirV to provide copies of this Order to all parties. DATED this 1 day of May,2020. Chief Justice Justices