ORIGINAL 02/13/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0031
DA 23-0031
FEB 13 2023
Bowen Gr-.?enwood
Clarte, of Sut--, 7erne Court
IN THE MATTER OF THE ESTATE OF: State of mnntana
IAN RAY ELLIOT, ORDER
Deceased.
Through counsel, Appellee Joseph V. Womack, has moved for partial dismissal of
this appeal. Womack is the Special Administrator of the Estate of Ada E. Elliott and
Liquidating Partner of Starfire, LP, a significant entity related to the Estate. Ian Ray Elliott
was the son and heir of Ada E Elliott, and this appeal concerns his Estate.
Through counsel, Appellee Cindy Elliot, who is also an interested person to the
Estate of Ian Ray Elliot, has joined in Womack's motion. Self-represented litigants,
Appellants Jenny Jing, Alice Carpenter, and Mike Bolenbaugh (Jing, Carpenter, and
Bolenbaugh) have filed a joint response opposing the motion, which concerns the
appropriate order and judgment that can be challenged on appeal.
However, we are unable to discern if all necessary parties have been included in this
appeal, and, therefore, in this motion. The Notice of Appeal filed by Appellants Jing,
Carpenter, and Bolenbaugh was served upon various parties, including the Special
Administrator appointed by the District Court for the subject Estate, Andrew Billstein, and
his counsel. Before the District Court, Billstein opposed the motion leading to entry of one
of the orders now challenged on appeal. Nonetheless, it does not appear Billstein was
served with the pending motion for partial dismissal.
We deem it necessary to provide to Billstein, as Special Administrator for the Ian
Elliot Estate, an opportunity to file a response to the pending motion, if warranted, by
ensuring service of the pleading. Thereafter, this Court will address the pending motion.
Therefore,
IT IS ORDERED that Special Administrator Andrew Billstein will have ten days
from the date of this Order to FILE a response to the pending motion before this Court or
otherwise ADVISE the Court regarding his status in this appeal and his position on the
motion.
The Clerk is directed to provide this Order to all counsel of record; to Adrianna
Potts, counsel for Andrew Billstein, along with a copy of the motion to dismiss; to Andrew
Billstein, along with a copy of the motion; and to Jenny Jing, Alice Carpenter, and Mike
Bolenbaugh.
DATED this 1 2 day of February, 2023.
For the Court,
2