Tosch Estate v. Kahle ( 2023 )

LIGINAL 06/06/2023 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0674 DA 22-0674 r:D JUN 0 6 2023 THE ESTATE OF FLORENCE TOSCH, Bowen G Clerk of S. enwz_,od rne Court !--C)rtt4ne.a Plaintiff and Appellee, v. ORDER EDWARD KAHLE and CATHERINE KAHLE, Defendants and Appellants. On November 28, 2022, Appellants Edward Kahle and Catherine Kahle filed a Notice of Appeal in this matter. In that Notice, they asserted that transcripts had been ordered in accordance with M. R. App. P. 8(3). They further filed a Notice of Transcript Deemed Necessary for Appeal in which they asserted that arrangements for ordering and paying for the necessary transcripts had been undertaken. Under M. R. App. P. 9(1), the record on appeal, including necessary transcripts, shall be transmitted to this Court within 40 days unless certain conditions are met. On December 27, 2022, the Nineteenth Judicial District Court, Lincoln County, granted court reporter Debra S. Kambel until February 24, 2023, to file the transcripts. On April 26, 2023, having received no transcripts nor requests for extension of time, this Court ordered Appellants to file a report on the status of this appeal on or before May 26, 2023. Appellants have not filed a status report nor have any other filings been made in this appeal. IT IS THEREFORE ORDERED that this case is DISMISSED WITH PREJUDICE. The Clerk is directed to provide a copy of this Order to Appellants and to all counsel of record. 4 -N DATED this " day of June, 2023. /1 U JetiL Justices 2