Hert v. Mhsa

DA 25-0293 ·Direct Appeal ·Civil ·Closed
Docket DA 25-0293
Type Direct Appeal — Injunction
Classification Civil
Outcome Reversed
Lower court case DV-23-53
Lower court judge Hon. Rennie L. Wittman

Key dates

Closed May 12, 2026
Classified Apr 15, 2026
Appeal filed Apr 18, 2025
Record filed May 12, 2025
Briefing ended Oct 9, 2025
Opinion issued Apr 22, 2026
Briefing started May 12, 2025
Transcript filed Apr 22, 2025
Sent to the court Oct 9, 2025
Submitted for decision Oct 9, 2025
Appellant Reply Brief Filed Oct 9, 2025
Appellant Opening Brief Filed Jul 25, 2025
Appellee Response Brief Filed Sep 24, 2025

Calculated

from the docket dates
Appeal filed to briefing start 24
Briefing days 149
Briefing start to opening brief filed 73
Classified to Opinion 7
Close of briefing to sent to court 0
Filing date to Opinion 369
Filing date to closed 389
Opening to response 61
Opinion to closed 19
Response to reply 14
Sent to court to classified 188
Submitted for decision to Opinion 195

Tags

Case stayed Closed En Banc Final Order Issued Five Justice Panel Published opinion Reversed

Parties

Appellee
Montana High School Association
Represented by Elizabeth O'Halloran
Appellant
Amber Hert
Represented by Nicholas LeTang
Appellee
Brian Michelotti
Represented by Elizabeth O'Halloran
Appellant
Kelly Hert
Represented by Nicholas LeTang
Appellant
Zayne Hert
Represented by Nicholas LeTang

Opinion

Hert v. Mhsa, 2026 MT 86

Reversed on April 22, 2026, in a 5 to 0 with 1 concurring published opinion.

Events

most recent first
Opinion - Published - Justice Gustafson - Reversed and Remanded Apr 22, 2026 4:01 PM Opinion
Order - THEREFORE, IT IS ORDERED that the April 15, 2026 Order reclassifying this cause is WITHDRAWN, and this matter will stay with the initial five-justice panel Apr 21, 2026 5:02 PM Order - Other
Order - Classified - En Banc Apr 15, 2026 11:27 AM Classifying Notice
Order - Classified - Five Justice Panel Dec 17, 2025 11:47 AM Classifying Notice
Event - Case Sent to Court Oct 9, 2025 9:09 AM Classifying Notice
Notice - Outgoing - Brief Filed Oct 9, 2025 9:08 AM Notice - Outgoing
Brief - Appellant Reply Oct 8, 2025 11:54 PM Appellant Reply Brief
Notice - Outgoing - Appellee's Response Brief Filed Sep 24, 2025 3:53 PM Notice - Outgoing
Brief - Appellee's Response Sep 24, 2025 2:41 PM Appellee Response Brief
Grant - Appellees are granted an extension of time up to and including September 24, 2025, within which to prepare, file, and serve Appellees' Answer Brief on appeal Aug 22, 2025 8:59 AM Other
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellee's Response Brief Aug 21, 2025 4:29 PM Motion
Notice - Outgoing - Brief Filed Jul 25, 2025 10:26 AM Notice - Outgoing
Brief - Appellant's Opening Jul 24, 2025 7:34 PM Appellant Opening Brief
Order - IT IS ORDERED that within ten days of this Order the Appellant shall e-file with the Clerk the relevant judgment or order from District Court and that one copy of the judgments or orders be served on each counsel of record; that the seven paper copies of the Appellant's Opening Brief must comply with Rule 12(1)(i), M. R. App. P., including copies of the orders and judgments being appealed; that the times for any subsequent briefing shall run from the date of filing of the revised brief Jul 14, 2025 11:51 AM Order - Other
Grant - IT IS HEREBY ORDERED that Appellants have until Friday, July 11, 2025, to file their opening brief Jun 4, 2025 9:34 AM Other
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellant's Opening Brief Jun 4, 2025 8:00 AM Motion
Notice - Outgoing - District Court Record Filed May 12, 2025 11:29 AM Record
Record - Electronic DC Record Filed for Cause No. DV-23-53 consisting of documents 1-78 and the case register report May 12, 2025 11:20 AM Record
Notice - Outgoing - Transcript Filed Apr 22, 2025 2:11 PM Transcript
Record - Electronic Transcript Filed for Cause No. DV 2023-0053 consisting of 1/17/2024 proceedings Apr 22, 2025 2:06 PM Record
Notice - Outgoing - Appeal Notice Apr 21, 2025 8:24 AM Notice - Outgoing
Notice of Appeal Filed Apr 18, 2025 11:59 PM Notice
Fees - Filing Fee Paid (E-Filing) Apr 18, 2025 11:59 PM Fees