D. Marquis v. 19th Judicial District ( 2023 )

FILED
07/20/2023
JUL 2 0 2023
Bowen Greenwood
IN THE SUPREME COURT OF THE STATE OF MONTA toSupree Court
of Momntana
Case Number: OP 23-0391
OP 23-0391
DANNY MARQUIS,
Petitioner,
v.
ORDER
MONTANA NINETEENTH JUDICIAL
DISTRICT COURT, LINCOLN COUNTY,
HONORABLE MATTHEW J. CUFFE, Presiding,
Respondent.
Representing himself, Danny Marquis has filed an "Emergency Petition for
Supervisory Control" along with various attachments concerning an order of protection
sought by his wife Jennifer. Marquis asserts that the doctrine of res judicata applies
because the Eleventh Judicial District Court, Flathead County, "fully adjudicated to a final
conclusion" the rnatter, thereby precluding the Nineteenth Judicial District Court, Lincoln
County, 'from having any jurisdiction over his wife's Sworn Petition for Temporary Order
of Protection and Request for Hearing filed on June 30, 2023. Marquis maintains that the
urgency is due to restrictions because Marquis "has endured over six months of being
without his home, his children and without his tools used for work[d" thereby "creating
damages and harm."
This Court reviewed Marquis's pleading and attachments. On January 3, 2023,
Jennifer Marquis filed a Sworn Petition for Temporary Order of Protection and Request
for Hearing in the Eureka City Court, Lincoln County. The City Court granted the request
and set a hearing for later that month. Two days later, the City Court modified its Order
of Protection, allowing Marquis to have visitation with his minor children upon
arrangements made through a third party. The City Court also allowed Marquis to enter
his residence, accompanied by the Eureka Police Departrnent, to obtain his personal
belongings. On January 26, 2023, following the hearing, the City Court issued a ninety-
day protection order.
In March 2023, Marquis's wife filed a petition for dissolution of marriage with
parenting plan for minor children in the Flathead County District Court. On April 26, 2023,
the last day of the ninety-day protection order, the Eureka City Court extended the
protection order to June 1, 2023, and transferred its Order to the District Court so the court
may rule on the matter. The Flathead County District Court received the court record on
June 6, 2023, filing it under Cause No. DR-23-344. In the rneantime, the Eureka City Court
modified the protection order to extend it until July 1st or until changed by the Flathead
County District Court. On June 30, 2023, the Flathead County District Court issued an
order dismissing the order of protection case, stating that venue is in Lincoln County,
pursuant to § 40-15-301(4), MCA.
That same day, Jennifer Marquis filed a petition for temporary order of protection
in the Nineteenth Judicial District Court, Lincoln County (Cause No. DR-23-81). This
Petition, as did the others, siated that she lives in Eureka, in Lincoln County. The Lincoln
County District Court issued a Temporary Order of Protection and set the matter for a
hearing on July 21, 2023.
Marquis states that he brings this Petition pursuant to M. R. App. P. 14(3). Marquis
requests that this Court make a finding where "the Temporary Order of Protection
[relitigates] the same matter." He states that both filed petitions are "virtually identical."
Marquis contends that all elements for res judicata are present and states that the matter
has been fully adjudicated previously.
Supervisory control may be appropriate on a case-by-case basis. "This
extraordinary remedy can be invoked when the case involves purely legal questions and
urgent or emergency factors make the normal appeal process inadequate." State v. Spady,
2015 MT 218, ¶ 11, 380 Mont. 179, 354 P.3d 590 (citing M. R. App. P. 14(3); Redding v.
McCarter, 2012 MT 144, ¶ 17, 365 Mont. 316, 281 P.3d 189). Pertinent here, the petitioner
must show that thepther court is proceeding under a mistake of law and is causing a gross
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injustice. M. R. App. P. 14(3)(a)(i).
This Court concludes that Marquis is not entitled to a writ of supervisory control.
Marquis has not demonstrated any of the elements for this Court to exercise its original
jurisdiction and for a writ to issue. Under Montana law, while all courts have concurrent
jurisdiction to hear and issue orders under § 40-15-301, MCA, "an action brought . . . may
be filed in the county where the petitioner currently or temporarily resides[.]" Section 40-
15-301(4), MCA. Here, Jennifer Marquis stated she lives in Lincoln County. Contrary to
Marquis's claim, the Lincoln County District Court has jurisdiction. Jennifer's petition
seeks continued relief without expiration of the prior protection orders, and the District
Court has set a hearing at which Marquis may be heard. See §§ 40-15-201, -202, MCA. A
final order has not been issued. Section 40-15-204(5), MCA. Upon receipt of a final
decision—whether for an order of protection or a dissolution decree—Marquis has the
remedy of appealing the decision to this Court.
IT IS THEREFORE ORDERED that Marquis's Petition for Writ of Supervisory
Control is DENIED and DISMISSED.
The Clerk is directed to provide a copy of this Order to: the Honorable Matthew
Cuffe, Nineteenth Judicial District Court; Tricia Brooks, Clerk of District Court, Lincoln
County; counsel of record; and Danny Marquis personally.
DATED this 20 day of July, 2023.
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Justices
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