Centron Services v. Camey ( 2023 )

rj,t ' ORIGINAL 12/27/2023
IN THE SUPREIVIE COURT OF THE STATE OF MONTANA Case Number: DA 23-0722
DA 23-0722
CENTRON SERVICES, INC., DBA: ROCKY
Fil En
MOUNTAIN PROFESSIONAL, DEC 2 7 2023
Bowen Greenwood
Clcrk of Suprcmo court
Plaintiff and Appellee, State of Montana
v. ORDER
CESAR CAMEY,
Defendant and Appellant.
Self-represented Appellant Cesar Camey has filed a verified Petition for an
Out-of-Time Appeal and has attached various documents from the Municipal Court for the
City of Helena and the Lewis and Clark County District Court.
Camey asserts that he "properly filed a timely Notice of Appeal with the Municipal
and District Court. . . ." Camey asserts that he complied with all the necessary steps. Camey
states that he disagrees with the Motion to Dismiss, filed by Cehtron Services, Inc., and with
the District Court's Order Dismissing Appeal.
We have reviewed Camey's attachments and obtained copies of documents from the
District Court. On February 14, 2023, the Municipal Court entered a Judgment against
Camey for $4,341.03, including the principal sum, filing fees, and service fees. Camey
sought an appeal in the District Court on March 1, 2023, and the court received the
Municipal Court's record. The District Court set a briefing schedule the next day.
Centron Services, Inc. moved for dismissal of Camey's appeal to the District Court
because Camey did not file an undertaking for an appeal of a money judgment to District
Court. The District Court granted the motion.
Section 25-33-201(1), MCA, provides, in pertinent part:
[A]n appeal froin a justice's or city court is not effectual for any purpose
unless an undertaking is filed, with two or more sureties, in a sum equal to
twice the amount of the judgment, including costs, when the judgment is for
the payment of money.
As an alternative to filing an undertaking, Camey could have deposited with the court the
amount of the judgment appealed plus $300. Section 25-33-205, MCA. If Camey was
financially unable to comply with the requirements of § 25-33-201(1), MCA, or § 25-33-205,
MCA, he could have sought a determination of indigency from the District Court, which
would have resulted in a waiver of the undertaking requirements. Section 25-33-201(4),
MCA. The record does not reflect, and Camey does not contend, that he complied with any
of these alternative options.
M. R. App. P. 4(6) allows this Court to grant an out-of-time appeal "[i]n the
infrequent harsh case and under extraordinary circumstances amounting to a gross
miscarriage of justice[t "Extraordinary circumstances do not include mere mistake,
inadvertence, or excusable neglect." M. R. App. P. 4(6).
Camey did not comply with the requirements to perfect an appeal of the Municipal
Court Judgment to the District Court. The District Court dismissed his appeal on that basis.
Camey has not demonstrated extraordinary circumstances, and a denial of his Petition will
not amount to a gross miscarriage of justice. Therefore,
IT IS ORDERED that Camey's Petition for an Out-of-Time Appeal is DENIED and
DISMISSED.
IT IS FURTHER ORDERED that this matter is CLOSED as of this Order's date.
The Clerk is directed to provide a copy of this Order to: the Honorable Michael F.
McMahon, District Court Judge; Angie Sparks, Clerk of Court, under Cause No.
BDV-23-144; counsel of record; and Cesar Camey personally.
DATED this day of December, 2023.
SiV e
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Chief Justice
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Law
Justices
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