Estate of H. Burns

DA 22-0456 ·Direct Appeal ·Probate ·Closed
Docket DA 22-0456
Type Direct Appeal — Probate
Classification Probate
Outcome Affirmed in part, reversed in part
Lower court case DP 2018-10
Lower court judge Hon. Brenda R. Gilbert

Key dates

Closed Jan 12, 2024
Classified Oct 11, 2023
Appeal filed Aug 17, 2022
Record filed Sep 20, 2022
Briefing ended Sep 1, 2023
Opinion issued Dec 27, 2023
Briefing started Apr 18, 2023
Transcript filed Apr 18, 2023
Sent to the court Sep 5, 2023
Cross Appeal Filed Nov 9, 2022
Submitted for decision Sep 5, 2023
Appellant Reply Brief Filed Sep 1, 2023
Appellant Opening Brief Filed Jun 19, 2023
Appellee Response Brief Filed Jul 19, 2023

Calculated

from the docket dates
Appeal filed to briefing start 244
Briefing days 136
Briefing start to opening brief filed 62
Classified to Opinion 77
Close of briefing to sent to court 3
Filing date to Opinion 497
Filing date to closed 513
Opening to response 29
Opinion to closed 15
Response to reply 44
Sent to court to classified 36
Submitted for decision to Opinion 113

Tags

Affirmed in part, reversed in part Closed Cross Appeal Filed Final Order Issued Five Justice Panel Published opinion

Parties

Appellee
Cameron Burns
Represented by Ralph W. Steele
Appellant
Lindsay Burns Barbier
Represented by Stephanie Denton Baucus
Other
Alison Burns
Represented by Grant Robert Kelly
Other
HW Burns Family LLC
Represented by Margaret Carrie Weamer
Other
Seth Burns
Represented by Morgan Elizabeth Tuss

Opinion

Estate of H. Burns, 2023 MT 253

Affirmed in part, reversed in part on December 27, 2023, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jan 23, 2024 10:35 AM Record
Record - DC Record Returned to District Court Jan 12, 2024 9:56 AM Record
Event - Case Closed Jan 12, 2024 9:46 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jan 12, 2024 9:43 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jan 12, 2024 9:36 AM Closing Notice
Opinion - Published - Justice Baker - AFFIRMED in part, REVERSED in part and REMANDED Dec 27, 2023 3:55 PM Opinion
Order - Classified - Five Justice Panel Oct 11, 2023 12:51 PM Classifying Notice
Event - Case Sent to Court Sep 5, 2023 10:35 AM Classifying Notice
Notice - Outgoing - Brief Filed - Appellant Reply Sep 5, 2023 10:29 AM Notice - Outgoing
Brief - Appellant Reply Sep 1, 2023 4:31 PM Appellant Reply Brief
Order - Deny - Counsel's motion to file an overlength brief of 10,000 words is DENIED; counsel my file a brief not to exceed 8,000 words Aug 14, 2023 5:32 PM Order - Other
Event - Sent to Court-Pleading Aug 14, 2023 1:56 PM Event
Response/Objection - Appellee's Response to Motion for Leave to File Overlength Reply Brief Aug 14, 2023 11:05 AM Response
Motion - Opposed - Brief - Enlarged. held for objection Aug 2, 2023 3:34 PM Motion
Order - Grant - Extension of Time - Appellant shall have up to and including September 1, 2023, to file her Reply Brief Jul 27, 2023 3:49 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Jul 27, 2023 3:36 PM Motion
Order - Dismiss - Partial - IT IS ORDERED that the cross-appeal in DA 22-0456 is DISMISSED. The case shall proceed on the issues raised by Appellant Lindsay Burns Barbier Jul 20, 2023 3:50 PM Final Order
Motion - Unopposed - Dismiss - Partial Jul 20, 2023 1:51 PM Motion
Notice - Outgoing - Appellee Estate of Burns' Brief Filed Jul 20, 2023 10:59 AM Notice - Outgoing
Notice - Outgoing - Brief Filed (Appellee Allison Burns) Jul 19, 2023 4:39 PM Notice - Outgoing
Brief - Appellee's Response (Estate of Burns) Jul 19, 2023 4:29 PM Appellee Response Brief
Brief - Appellee's Response (Allison Burns) Jul 19, 2023 2:52 PM Appellee Response Brief
Notice - Outgoing - Brief Filed - Appellant's Opening Jun 20, 2023 1:49 PM Notice - Outgoing
Brief - Appellant's Opening Jun 19, 2023 4:56 PM Appellant Opening Brief
Extension - Grant of Extension - Appellant is given until 6/19/23 to file the opening brief May 10, 2023 1:01 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) May 8, 2023 4:04 PM Motion
Order - Denying filing of overlength brief May 8, 2023 11:26 AM Order - Other
Motion - Opposed - Brief - Enlarged May 5, 2023 2:57 PM Motion
Notice - Incoming - Amended Notice of Appeal Filed Apr 20, 2023 10:53 AM Notice - Incoming
Notice - Outgoing - Transcript Filed Apr 18, 2023 8:33 AM Transcript
Electronic Transcripts Filed of September 14, 2021 (Motion on Summary Judgment); February 7-11, 2022 (Jury Trial) and February 14-15, 2022 (Jury Trial) hearings Apr 17, 2023 9:01 PM Other
Notice Regarding Forthcoming Trial Transcript Apr 17, 2023 5:33 PM Notice
Order - Court Reporter Deidre Taber shall have to and until April 17, 2023, in which to file the transcripts Feb 15, 2023 11:24 AM Order - Other
Motion - Extension of Time and Supporting Affidavit - Prepare Transcript Feb 14, 2023 4:57 PM Motion
Notice - Incoming - Change of Address Feb 6, 2023 11:38 AM Notice - Incoming
Notice - Incoming - Amended Notice of Appeal Filed Dec 7, 2022 2:11 PM Notice - Incoming
Notice - Outgoing - Additional District Court Documents Nov 28, 2022 7:58 AM Notice - Outgoing
Record - Additional DC Documents Filed consisting of electronic documents 321-341 and updated Case Register Report Nov 28, 2022 7:52 AM Record
Order - Grant - Extension of Time - Court Reporter is granted until February 15, 2023 to file the requested transcripts on appeal Nov 17, 2022 9:31 AM Order - Extension
Motion - Extension of Time - Prepare Transcript Nov 16, 2022 5:01 PM Motion
Notice - Outgoing - Cross Appeal Notice Nov 9, 2022 12:09 PM Notice - Outgoing
Notice - Incoming - Notice of Cross Appeal Nov 9, 2022 11:23 AM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Nov 9, 2022 11:23 AM Fees
Notice - Outgoing - Other Oct 3, 2022 11:48 AM Notice - Outgoing
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript to November 15, 2022 Sep 27, 2022 11:28 AM Ruling
Notice - Outgoing - Exhibits Filed Sep 21, 2022 10:54 AM Notice - Outgoing
Record - Exhibits Filed - 1 envelope with flash drive Sep 21, 2022 10:54 AM Record
Notice - Outgoing - District Court Record Filed Sep 20, 2022 10:44 AM Record
DC Record Filed for Cause No. DP 2018-10 consisting of electronic documents 1-320 and Case Register Report Sep 20, 2022 10:26 AM Record
Notice - Incoming - Notice regarding forthcoming final judgment Sep 1, 2022 3:20 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Aug 18, 2022 8:11 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Aug 17, 2022 5:14 PM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Aug 17, 2022 5:14 PM Fees