McKay v. Wilderness Development

DA 08-0299 ·Direct Appeal ·Civil ·Closed
Docket DA 08-0299
Type Direct Appeal — Injunction
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case DV-07-158
Lower court judge Hon. Michael C. Prezeau

Key dates

Closed Dec 30, 2009
Classified Aug 5, 2009
Appeal filed Jun 24, 2008
Record filed Nov 28, 2008
Briefing ended May 22, 2009
Opinion issued Nov 27, 2009
Briefing started Nov 28, 2008
Rehearing denied Dec 30, 2009
Sent to the court May 26, 2009
Cross Appeal Filed Jun 26, 2008
Rehearing requested Dec 11, 2009
Submitted for decision May 26, 2009
Cross Reply Brief Filed May 22, 2009
Appellant Reply Brief Filed Apr 24, 2009
Appellant Opening Brief Filed Jan 26, 2009
Appellee Response Brief Filed Mar 26, 2009

Calculated

from the docket dates
Appeal filed to briefing start 157
Briefing days 174
Briefing start to opening brief filed 59
Classified to Opinion 114
Close of briefing to sent to court 4
Filing date to Opinion 521
Filing date to closed 554
Opening to response 59
Opinion to closed 33
Reply to cross reply 56
Response to reply 28
Sent to court to classified 71
Submitted for decision to Opinion 185

Tags

Affirmed in part, reversed in part Closed Cross Appeal Filed Five Justice Panel Published opinion Rehearing denied Rehearing requested Subject to Mediation

Parties

Cross Appellant
Craig McKay
Represented by Amy Naomi Guth
Appellant
Wilderness Development, LLC
Represented by Sean S. Frampton

Opinion

McKay v. Wilderness Development, 2009 MT 410

Affirmed in part, reversed in part on November 27, 2009, in a 5 to 0 published opinion.

Events

most recent first
Event - Case Closed Dec 30, 2009 2:41 PM Closing Notice
Notice - Outgoing - Remittitur Issued Dec 30, 2009 2:34 PM Closing Notice
Order - Deny-Petition for Rehearing Dec 30, 2009 2:27 PM Order - Petition for Rehearing Denied
Event - Sent to Court-Pleading; Petition for rehearing Dec 29, 2009 9:12 AM Event
Response/Objection - Rehearing. copies to Court Dec 28, 2009 10:16 AM Response
Petition - Rehearing (Appellees' and Cross Appellants'). held for objection Dec 11, 2009 1:19 PM Petition
Opinion - Published - Warner, affirmed in part, reversed in part and remanded Nov 27, 2009 11:15 AM Opinion
Other - Manilla env. of proposed jury instructions. sent to Court Oct 5, 2009 2:09 PM Other
Record - Exhibits Filed (copies of maps, defendent's exhibit L7.2) Sep 30, 2009 11:37 AM Record
Order - Classified - Five Justice Panel Aug 5, 2009 11:03 AM Classifying Notice
Event - Case Sent to Court May 26, 2009 9:10 AM Classifying Notice
Brief - Cross Appellant Reply May 22, 2009 9:07 AM Cross Reply Brief
Order - Grant - Extension of Time until May 22, 2009, to file Appellees reply Brief Apr 29, 2009 11:30 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellees Reply) sent to Court Apr 29, 2009 11:17 AM Motion
Brief - Appellant Reply and Answer to Cross Appeal Apr 24, 2009 9:30 AM Appellant Reply Brief
Brief - Appellee and Cross-Appellant Mar 26, 2009 3:48 PM Appellee Response Brief
Order - Grant - Extension of Time - appellees are granted until 3/27/09 to file their brief Feb 10, 2009 11:21 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellees) sent to Court Feb 9, 2009 1:50 PM Motion
Selection of electronic notification - Guth Feb 2, 2009 3:45 PM Other
Selection of electronic notification - Frampton Jan 27, 2009 6:43 PM Other
Brief - Appellant with appendix Jan 26, 2009 10:09 AM Appellant Opening Brief
Order - the motion to quash is DENIED without prejudice Jan 21, 2009 9:44 AM Order - Other
Response to - Motion to Quash writ. copies to Court Jan 9, 2009 9:13 AM Response
Event - Sent to Court- Motion to Quash, etc Jan 8, 2009 2:33 PM Event
Motion - Opposed - to Quash Writ of Execution and McKays' Attempted Execution and Objection to same. holding for objection Dec 24, 2008 10:35 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 1/26/09 to file its opening brief Dec 19, 2008 11:53 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) sent to Court Dec 18, 2008 11:35 AM Motion
Notice - Outgoing - District Court Record Filed Nov 28, 2008 9:44 AM Record
Record - DC Record/Transcript Filed (6 folders; 2 original condensed transcripts w/ dvds) Nov 26, 2008 9:35 AM Record
Order - Grant - Extension of Time - Court reporter is granted until 11/26/08 to complete the transcript. No further extensions will be granted Nov 6, 2008 3:30 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript. copies to Court Nov 3, 2008 1:55 PM Motion
Mediation - Copy of Mediator's Report - Case Not Settled Aug 11, 2008 10:30 AM Mediation
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript until 11/04/08 Jul 29, 2008 10:14 AM Ruling
Mediation - Stipulation Selecting Mediator (Michael Viscomi) Jul 7, 2008 9:46 AM Mediation
Notice - Incoming - Amended Notice of Appeal Filed Jul 2, 2008 4:02 PM Notice - Incoming
Notice - Outgoing - Appearance Fee Paid Jun 26, 2008 1:37 PM Notice - Outgoing
Fees - Appearance-Cross Appeal Fee Received Jun 26, 2008 1:35 PM Fees
Notice - Incoming - Notice of Cross Appeal Jun 26, 2008 1:35 PM Notice - Incoming
Notice - Outgoing - Appearance Fee Paid Jun 24, 2008 10:21 AM Notice - Outgoing
Notice - Outgoing - Appeal Notice Jun 24, 2008 10:19 AM Notice - Outgoing
Fees - Appearance Fee Received Jun 24, 2008 10:18 AM Fees
Mediation - Case Subject to Mediation Jun 23, 2008 10:19 AM Mediation
Notice - Incoming - Notice of Appeal Filed Jun 23, 2008 10:17 AM Notice - Incoming