Cross v. Warren

DA 17-0599 ·Direct Appeal ·Civil ·Closed
Docket DA 17-0599
Type Direct Appeal — Negligence
Classification Civil
Outcome Affirmed
Lower court case DV 15-21
Lower court judge Hon. Blair Jones

Key dates

Closed Mar 21, 2019
Classified Jun 25, 2018
Appeal filed Oct 12, 2017
Record filed Dec 7, 2017
Oral argument Sep 21, 2018
Briefing ended May 23, 2018
Opinion issued Mar 5, 2019
Briefing started Dec 7, 2017
Transcript filed Nov 1, 2017
Sent to the court May 24, 2018
Submitted for decision Sep 21, 2018
Appellant Reply Brief Filed May 23, 2018
Appellant Opening Brief Filed Feb 7, 2018
Appellee Response Brief Filed Apr 9, 2018

Calculated

from the docket dates
Appeal filed to briefing start 56
Briefing days 167
Briefing start to opening brief filed 62
Classified to Opinion 253
Close of briefing to sent to court 1
Filing date to Opinion 509
Filing date to closed 525
Opening to response 61
Opinion to closed 15
Oral argument to Opinion 164
Response to reply 43
Sent to court to classified 31
Sent to court to oral argument 120
Submitted for decision to Opinion 285

Tags

Affirmed Amicus granted Amicus requested Closed En Banc Final Order Issued Opinion synopsis issued Oral Argument Published opinion

Parties

Appellee
Grass Chopper, LLC
Represented by Paul Robert Haffeman
Appellant
Henry Brady
Represented by Shane Colton
Appellant
Kari Cross
Represented by Roger W. Frickle
Appellant
Kenneth Cross
Represented by Roger W. Frickle
Appellant
Lana Redfield
Represented by John C. Heenan
Appellant
Nicola Brady
Represented by Shane Colton
Appellee
Progressive Ins. Co.
Represented by Susan Moriarity Miltko
Appellee
Robert Warren
Represented by Paul Robert Haffeman
Appellant
Roland Redfield
Represented by John C. Heenan
Appellee
Sherle Warren
Represented by Paul Robert Haffeman
Appellee
Taylor Warren
Represented by Tammy Wyatt-Shaw

Opinion

Cross v. Warren, 2019 MT 51

Affirmed on March 5, 2019, in a 5 to 2 with 1 concurring published opinion.

Events

most recent first
Event - Case Closed - no record to return as it was transmitted electronically Mar 21, 2019 11:33 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Mar 21, 2019 11:31 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Mar 21, 2019 11:11 AM Closing Notice
Opinion - Synopsis of Opinion Mar 5, 2019 4:04 PM Synopsis
Opinion - Published - Justice Rice - affirmed Mar 5, 2019 3:50 PM Opinion
Event - Oral Argument Presented. Court convened for oral argument at 10:00 a.m. John Heenan and Cliff Edwards argued for the appellants and Mark Williams argued for the appellee. Taken under advisement at 11:13 a.m Sep 21, 2018 3:56 PM Event
Notice - Incoming - Appearance (John Heenan additional counsel for Redfields) Aug 30, 2018 8:29 AM Notice - Incoming
Notice - Outgoing - Oral Argument Scheduled Jun 25, 2018 12:42 PM Notice - Outgoing
Order - Classified - Oral Argument sitting en banc - Friday, September 21, 2018 at 10:00 a.m. Red Lion Hotel, Kalispell, Montana. Introduction at 9:30 a.m Jun 25, 2018 12:30 PM Classifying Notice
Event - Case Sent to Court May 24, 2018 3:45 PM Classifying Notice
Notice - Outgoing - Brief Filed May 24, 2018 3:42 PM Notice - Outgoing
Brief - Appellant Reply May 23, 2018 11:32 AM Appellant Reply Brief
Order - Grant - Extension of Time. Paper copies of PCI's Amicus Brief are now due on or before May 3, 2018 Apr 25, 2018 1:23 PM Order - Extension
Motion - Unopposed - Extension of Time to submit paper copies of Amicus PCI's Brief Apr 24, 2018 1:16 PM Motion
Notice - Outgoing - Brief Filed Apr 19, 2018 2:57 PM Notice - Outgoing
Brief - Amicus - Property Casualty Insurers Association of America Apr 19, 2018 11:51 AM Amicus Brief
Extension - Grant of Extension - Appellants are granted until 5/23/18 to file the reply brief Apr 18, 2018 2:08 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Apr 18, 2018 11:23 AM Motion
Notice - Outgoing - Appellee's Response (Progressive DirectBrief Filed Apr 11, 2018 9:39 AM Notice - Outgoing
Brief - Appellee's Response (Progressive Direct) Apr 9, 2018 4:21 PM Appellee Response Brief
Extension - Grant of Extension to file Appellees' Response Brief to April 9, 2018 Feb 26, 2018 12:02 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Feb 23, 2018 4:21 PM Motion
Notice - Outgoing - Brief Filed (MTLA) Feb 16, 2018 4:38 PM Notice - Outgoing
Brief - Amicus (Montana Trial Lawyers Association) Feb 16, 2018 10:58 AM Amicus Brief
Order - Amicus-Grant Participation - leave of Property Casualty Insurers Association is GRANTED; the brief shall be filed 10 days from the filing of Appellee progressive Ins.'s Brief Feb 9, 2018 1:09 PM Order - Other
Motion - Unopposed - Amicus - Leave to Participate (Property Casualty Insurers Association of America's) Feb 9, 2018 10:37 AM Motion
Notice - Outgoing - Brief Filed Feb 8, 2018 9:28 AM Notice - Outgoing
Brief - Appellant's Opening Feb 7, 2018 10:02 AM Appellant Opening Brief
Extension - Grant of Extension - Appellants are given until 2/8/18 to file their opening brief Jan 3, 2018 11:11 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Jan 2, 2018 8:51 PM Motion
Notice - Outgoing - District Court Record Filed Dec 7, 2017 8:49 AM Record
Record - DC Record Filed - Electronically transmitted documents 1-71 Dec 7, 2017 8:42 AM Record
Order - MTLA's motion for leave to file an amicus brief is GRANTED; the brief shall be filed within 10 days of the date Appellant's Opening brief is due Dec 6, 2017 3:55 PM Order - Other
Motion - Amicus - Leave to Participate (Montana Trial Lawyers) copy to court Dec 6, 2017 11:36 AM Motion
Order - this appeal may proceed (Rule 54(b)) Nov 7, 2017 10:02 AM Order - Other
Notice - Outgoing - Transcript Filed Nov 1, 2017 10:30 AM Transcript
Record - Transcript Filed - 2 original condensed transcripts w/DVD of 9/6/16 and 4/21/17 Hearings Nov 1, 2017 10:28 AM Record
Event - Sent to Court-Pleading - rule 54(b) Oct 12, 2017 3:35 PM Event
Notice - Outgoing - Appeal Notice Oct 12, 2017 3:33 PM Notice - Outgoing
Fees - Filing Fee Paid (E-Filing) Oct 12, 2017 3:32 PM Fees
Notice - Incoming - Notice of Appeal with Rule 54(b) Certification Oct 12, 2017 3:29 PM Notice - Incoming