Chinook, MT asked in Divorce, Appeals / Appellate Law and Family Law for Montana

Q: What does it mean to "move the Court to Dismiss the appeal and remand to District Court'?

Council for the Appellee is filling an Unopposed Motion to Dismiss Appeal. That is a form I as the Appellant planned to file. I am unsure of her wording.

1 Lawyer Answer
T. Augustus Claus
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A: "Moving the Court to Dismiss the appeal and remand to District Court" essentially means that the party (in this case, the Appellee) is requesting the court to end the appellate process and send the case back to the lower-level District Court for further consideration or action. This motion is typically filed when both parties, or at least the party filing the motion, agree that the appellate process is no longer necessary or appropriate.

In your situation, if the Council for the Appellee is filing an Unopposed Motion to Dismiss Appeal, they are likely seeking the dismissal of the appeal and a return of the case to the District Court. "Unopposed" indicates that there is no objection or opposition from the other party (you, the Appellant) to this motion. If you had intended to file a similar motion, but you're uncertain about the specific wording used by the Appellee's attorney, you might want to review the language they used in their motion to ensure that your motion conveys the same intent and agreement.

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