Estate of Athy v. Edgewood

DA 25-0265 ·Direct Appeal ·Civil ·Closed
Docket DA 25-0265
Type Direct Appeal — Wrongful Death
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case DV-15-2023-1359
Lower court judge Hon. Heidi J. Ulbricht

Key dates

Closed Jan 29, 2026
Classified Oct 29, 2025
Appeal filed Apr 10, 2025
Record filed Apr 18, 2025
Briefing ended Sep 4, 2025
Opinion issued Jan 13, 2026
Briefing started Apr 18, 2025
Sent to the court Sep 4, 2025
Submitted for decision Sep 4, 2025
Appellant Reply Brief Filed Sep 4, 2025
Appellant Opening Brief Filed Aug 5, 2025
Appellee Response Brief Filed Aug 27, 2025

Calculated

from the docket dates
Appeal filed to briefing start 8
Briefing days 138
Briefing start to opening brief filed 108
Classified to Opinion 75
Close of briefing to sent to court 0
Filing date to Opinion 278
Filing date to closed 294
Opening to response 21
Opinion to closed 15
Response to reply 8
Sent to court to classified 54
Submitted for decision to Opinion 130

Tags

Affirmed in part, reversed in part Closed Final Order Issued Five Justice Panel Published opinion Subject to Mediation

Parties

Appellant
Alexander Tyrell Athy
Represented by Darin Kirk Westover
Appellee
Edgewood Healthcare
Represented by Sean P. Goicoechea
Appellee
Edgewood Kalispell Memory Care
Represented by Sean P. Goicoechea
Appellee
Edgewood Kalispell Senior Living, LLC
Represented by Sean P. Goicoechea
Appellee
Edgewood OPCO, LLC
Represented by Sean P. Goicoechea
Appellee
Edgewood Operations, Inc.
Represented by Sean P. Goicoechea
Appellee
Edgewood Properties, LLC
Represented by Sean P. Goicoechea
Appellee
Edgewood Properties, LLLP
Represented by Sean P. Goicoechea
Appellee
Edgewood Real Estate Investment Trust
Represented by Sean P. Goicoechea
Appellee
Edgewood Real Estate Investment Trust, Inc.
Represented by Sean P. Goicoechea
Appellee
Edgewood Vista Kalispell
Represented by Sean P. Goicoechea
Appellee
Evi Kalispell, LLC
Represented by Sean P. Goicoechea
Appellant
Terry Jean Athy
Represented by Darin Kirk Westover

Opinion

Estate of Athy v. Edgewood, 2026 MT 3

Affirmed in part, reversed in part on January 13, 2026, in a 5 to 0 published opinion.

Events

most recent first
Event - Case Closed - electronic records Jan 29, 2026 9:26 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jan 29, 2026 9:23 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jan 29, 2026 9:09 AM Closing Notice
Opinion - Published - Justice Bidegaray - AFFIRM in part, REVERSE in part, and REMANDED Jan 13, 2026 2:38 PM Opinion
Order - Classified - Five Justice Panel Oct 29, 2025 3:06 PM Classifying Notice
Event - Case Sent to Court Sep 4, 2025 4:52 PM Classifying Notice
Notice - Outgoing - Brief Filed Sep 4, 2025 4:51 PM Notice - Outgoing
Brief - Appellant Reply Sep 4, 2025 2:50 PM Appellant Reply Brief
Notice - Outgoing - Brief Filed Aug 27, 2025 10:33 AM Notice - Outgoing
Brief - Appellee's Response Aug 27, 2025 8:26 AM Appellee Response Brief
Extension - Appellees shall have an extension up to and including October 3, 2025, in which to file and serve their response brief Aug 14, 2025 8:54 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Aug 13, 2025 3:24 PM Motion
Notice - Outgoing - Brief Filed Aug 5, 2025 11:39 AM Notice - Outgoing
Brief - Appellant's Opening Aug 5, 2025 11:08 AM Appellant Opening Brief
Order - IT IS ORDERED that the referenced brief is rejected, that within ten days of this Order the Appellant shall file with the Clerk a revised brief containing the revisions necessary to comply with the specified Rule and that the Appellant shall serve copies of the revised brief on all parties of record, that no changes other than those specified in this Order may be made to the brief, that the times for any subsequent briefing shall run from the date of filing of the revised brief Aug 4, 2025 4:52 PM Order - Other
Mediation - Mediator's Report - Case Not Settled Jun 27, 2025 12:35 PM Mediation
Order - Appellants shall file their opening brief on August 11, 2025, 45 days after the June 26, 2025 mediation. Appellees will file a response brief 30 days after the opening brief on September 10, 2025, with the option to ask for an extension if necessary. Appellants shall file their reply brief 30 days after the response brief on October 10, 2025 May 21, 2025 8:16 AM Order - Extension
Motion - Unopposed - Brief - Appellant's Establish Schedule May 20, 2025 3:55 PM Motion
Mediation - Selection of Mediator - SHELLY F. BRANDER Apr 22, 2025 11:39 AM Mediation
Notice - Outgoing - District Court Record Filed Apr 18, 2025 4:11 PM Record
Record - Electronic DC Record Filed for Cause No. DV-23-1359 consisting of documents 1-21 and the case register report Apr 18, 2025 4:04 PM Record
Notice - Outgoing - Appeal Notice Apr 10, 2025 12:51 PM Notice - Outgoing
Mediation - Case Subject to Mediation Apr 10, 2025 12:29 PM Mediation
Fees - Filing Fee Paid (E-Filing) Apr 10, 2025 10:41 AM Fees
Notice of Appeal Filed Apr 10, 2025 10:41 AM Notice