Estate of Tosch v. Kahle

DA 25-0539 ·Direct Appeal ·Civil ·Closed
Docket DA 25-0539
Type Direct Appeal — Damages
Classification Civil
Outcome Affirmed
Lower court case DV-22-99
Lower court judge Hon. Matthew J. Cuffe

Key dates

Closed Jul 23, 2026
Classified May 6, 2026
Appeal filed Jul 25, 2025
Record filed Aug 28, 2025
Briefing ended Feb 23, 2026
Opinion issued Jul 7, 2026
Briefing started Jan 6, 2026
Transcript filed Jan 6, 2026
Sent to the court Feb 24, 2026
Submitted for decision Feb 24, 2026
Appellant Reply Brief Filed Feb 23, 2026
Appellant Opening Brief Filed Oct 15, 2025
Appellee Response Brief Filed Feb 9, 2026

Calculated

from the docket dates
Appeal filed to briefing start 165
Briefing days 48
Briefing start to opening brief filed 83
Classified to Opinion 62
Close of briefing to sent to court 0
Filing date to Opinion 347
Filing date to closed 363
Opening to response 117
Opinion to closed 15
Response to reply 14
Sent to court to classified 71
Submitted for decision to Opinion 133

Tags

Affirmed Closed Five Justice Panel Published opinion

Parties

Appellant
Catherine Kahle
Represented by Pro Se
Appellant
Edward Kahle
Represented by Pro Se
Appellee
Florence Tosch
Represented by Jeffrey D. Ellingson

Opinion

Estate of Tosch v. Kahle, 2026 MT 146

Affirmed on July 7, 2026, in a 5 to 0 published opinion.

Events

most recent first
Fees - Postage Reimbursement Received Aug 13, 2026 11:38 AM Fees
Record - DC Record Return Card Filed Jul 30, 2026 2:39 PM Record
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Jul 24, 2026 12:44 PM Notice - Outgoing
Event - Case Closed (electronic record) Jul 23, 2026 12:01 PM Closing Notice
Record - DC Record Returned to District Court (exhibits only) Jul 23, 2026 12:01 PM Record
Notice - Outgoing - Opinion Release Notice Issued Jul 23, 2026 11:59 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jul 23, 2026 11:58 AM Closing Notice
Opinion - Published - Justice McKinnon - Affirmed Jul 7, 2026 3:19 PM Opinion
Order - Classified - Five Justice Panel May 6, 2026 10:18 AM Classifying Notice
Event - Case Sent to Court Feb 23, 2026 5:01 PM Classifying Notice
Notice - Outgoing - Brief Filed Feb 23, 2026 5:00 PM Notice - Outgoing
Brief - Appellant Reply Feb 23, 2026 4:58 PM Appellant Reply Brief
Notice - Outgoing - Brief Filed Feb 10, 2026 12:58 PM Notice - Outgoing
Brief - Appellee's Response Feb 9, 2026 3:54 PM Appellee Response Brief
AMENDED Notice - Outgoing - Transcript Filed correcting 8/29/24 date Jan 6, 2026 4:13 PM Transcript
Notice - Outgoing - Transcript Filed Dec 24, 2025 11:14 AM Transcript
Record - Electronic Transcripts Filed DV-22-99 Consisting of 10-20-22, 08-29-24 and 08-30-24 hearings and Notice of Filing Dec 24, 2025 9:46 AM Record
Notice - Incoming - Transcripts Deemed Necessary Dec 18, 2025 10:46 AM Notice - Incoming
Order - IT IS HEREBY ORDERED that the Appellant's shall have until Thursday, January 8, 2026, within which to file complete transcripts of the October 20, 2022 evidentiary hearing and the August 29 to August 30, 2024 bench trial. IT IS FURTHER ORDERED that the Estate shall file its response brief on or before February 9, 2026 Dec 9, 2025 4:13 PM Order - Other
Event - Sent to Court-Pleading Nov 26, 2025 3:23 PM Event
Appellant's Response to Motion to Dismiss Nov 26, 2025 3:23 PM Other
Order - Appellee is granted an extension of time to and including December 15, 2025, within which to prepare, file, and serve Appellee's response brief Nov 13, 2025 6:23 PM Order - Extension
Motion - Opposed - Dismiss - Appellee's Motion to Dismiss - Held for Response Nov 13, 2025 4:36 PM Motion
Motion - Extension of Time - Appellee's Response Brief - (First 30 days) Nov 13, 2025 12:51 PM Motion
Notice - Outgoing - Brief Filed Oct 15, 2025 10:11 AM Notice - Outgoing
Brief - Appellant's Opening Oct 15, 2025 10:07 AM Appellant Opening Brief
Notice - Outgoing - Transcript Filed Sep 11, 2025 3:59 PM Transcript
Record - Electronic Transcript Filed for Cause DV-22-99 Partial Transcript of Non-Jury Trial Held August 29, 2024 and August 30, 2024 Sep 11, 2025 3:39 PM Record
Notice - Outgoing - District Court Record Filed Aug 28, 2025 2:00 PM Record
Record - Electronic DC Record Filed for Cause No. DV-23-101 consisting of documents 1-29 and the case register report - (Added to the DC File with Cause No. DV-22-99) Aug 28, 2025 1:57 PM Record
Notice - Outgoing - Exhibits Filed Aug 4, 2025 3:20 PM Notice - Outgoing
Record - Exhibits Filed for Cause No. DV 22-99 consisting of one (1) box with 2 manila envelopes, 1 white envelope and 1 packet of misc. loose exhibits Aug 4, 2025 3:19 PM Record
Notice - Outgoing - Amended Appeal Notice Aug 4, 2025 11:27 AM Notice - Outgoing
Notice - Incoming - Amended Notice of Appeal Filed Aug 4, 2025 11:27 AM Notice - Incoming
Notice - Outgoing - Electronic District Court Record Filed Jul 31, 2025 4:41 PM Record
Electronic DC Record Filed for Cause No. DV-27-2022-099 consisting of Documents 1-90 and a Case Register Report Jul 31, 2025 3:59 PM Record
Notice - Outgoing - Notice Requiring Filing of Amended Notice of Appeal Jul 25, 2025 12:06 PM Notice - Outgoing
Notice - Outgoing - Appeal Notice Jul 25, 2025 12:05 PM Notice - Outgoing
Fees - Appearance Fee Received Jul 25, 2025 12:03 PM Fees
Notice - Incoming - Transcripts Deemed Necessary Jul 25, 2025 12:02 PM Notice - Incoming
Notice of Appeal Filed Jul 25, 2025 11:58 AM Notice