Marriage of Vacca ( 2022 )

04/05/2022 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0011 DA 22-0011 IN RE ME MARRIAGE OF: J APR 0 5 2022 JULIE A. VACCA, Bowen Greenwood Clerk of Supreme Court State nf Montana Petitioner and Appellee, ORDER and TIMOMY J. VACCA, Respondent and Appellant. Before this Court is a Motion to Dismiss Appeal filed by counsel for Appellee Julie A. Vacca (Julie), pursuant to M. R. App. P. 13(3). Julie states that she contacted self- represented Appellant Timothy J. Vacca (Timothy) about his position regarding this motion and that she was unable to reach him. M. R. App. P. 16(1). Julie points out that Timothy has not timely filed his opening brief. She states that Timothy filed his Notice of Appeal on January 6, 2022, and that this Court received the Ravalli County District Court record on February 9, 2022. She further points out that Tirnothy did not file his opening brief within the required thirty-day time frame from that date of February 9. M. R. App. P. 13(1). Julie moves for dismissal of this appeal. Julie's motion is well taken. Dismissal of an appeal is appropriate when an appellant fails to file an opening brief or to seek an extension of time to file a brief. Timothy has done neither. His opening brief was not filed prior to the March 11, 2022 deadline. Accordingly, IT IS ORDERED that Julie's Motion to Dismiss Appeal is GRANTED and this appeal is DISMISSED with prejudice. The Clerk is directed to provide this Order to counsel of record and to Timothy J. Vacca personally. y v, DATED this 5 — day of April, 2022. Chief Justice Justices 2