Textana v. Klabzuba

DA 08-0243 ·Direct Appeal ·Civil ·Closed
Docket DA 08-0243
Type Direct Appeal — Breach of Contract
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case DV 02-215
Lower court judge Hon. David G. Rice

Key dates

Closed Jan 13, 2010
Classified Jun 17, 2009
Appeal filed May 21, 2008
Record filed Aug 14, 2008
Briefing ended Mar 31, 2009
Opinion issued Nov 24, 2009
Briefing started Aug 14, 2008
Rehearing denied Jan 13, 2010
Transcript filed Jun 3, 2008
Sent to the court Apr 1, 2009
Cross Appeal Filed May 27, 2008
Rehearing requested Dec 9, 2009
Submitted for decision Apr 1, 2009
Cross Reply Brief Filed Mar 31, 2009
Appellant Reply Brief Filed Mar 18, 2009
Appellant Opening Brief Filed Dec 24, 2008
Appellee Response Brief Filed Jan 20, 2009

Calculated

from the docket dates
Appeal filed to briefing start 85
Briefing days 229
Briefing start to opening brief filed 132
Classified to Opinion 159
Close of briefing to sent to court 1
Filing date to Opinion 552
Filing date to closed 602
Opening to response 26
Opinion to closed 49
Reply to cross reply 70
Response to reply 57
Sent to court to classified 76
Submitted for decision to Opinion 236

Tags

Affirmed in part, reversed in part Closed Cross Appeal Filed Five Justice Panel Published opinion Rehearing denied Rehearing requested Subject to Mediation

Parties

Appellee
Klabzuba Oil & Gas, Inc.
Represented by Matthew Hutchison
Appellant
Sandtana, Inc.
Represented by John D. Stephenson
Appellee
Klabzuba Oil & Gas, a limited family partnership
Represented by Matthew Hutchison
Appellant
Sandra Lee Brown
Represented by John D. Stephenson
Appellant
Textana, Inc.
Represented by John D. Stephenson

Opinion

Textana v. Klabzuba, 2009 MT 401

Affirmed in part, reversed in part on November 24, 2009, in a 5 to 0 published opinion.

Events

most recent first
Event - Case Closed Jan 13, 2010 10:48 AM Closing Notice
Notice - Outgoing - Remittitur Issued Jan 13, 2010 10:46 AM Closing Notice
Order - Deny-Petition for Rehearing Jan 13, 2010 10:41 AM Order - Petition for Rehearing Denied
Event - Sent to Court-Pleading; Petition for rehearing Dec 29, 2009 9:11 AM Event
Petition - Rehearing Dec 9, 2009 4:52 PM Petition
Opinion - Published - Morris, affirmed in part, reversed in part and remanded Nov 24, 2009 3:32 PM Opinion
Order - Classified - Five Justice Panel Jun 17, 2009 3:41 PM Classifying Notice
Event - Case Sent to Court Apr 1, 2009 4:12 PM Classifying Notice
Brief - Cross Appellant Reply Mar 31, 2009 3:43 PM Cross Reply Brief
Brief - Appellant Reply and Answer to Cross Appeal Mar 18, 2009 3:36 PM Appellant Reply Brief
Selection of electronic notification - Stephenson Feb 19, 2009 10:39 AM Other
Order - Grant - Extension of Time - Appellants are granted until 3/19/09 to file their reply brief Jan 30, 2009 11:28 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant's Reply) sent to Court Jan 29, 2009 1:35 PM Motion
Fees - Postage Return Received Jan 23, 2009 4:30 PM Fees
Selection of electronic notification - Hutchison Jan 23, 2009 9:37 AM Other
Brief - Appellee and Cross-Appellant with appendix Jan 20, 2009 1:29 PM Appellee Response Brief
Brief - Appellant Dec 24, 2008 1:30 PM Appellant Opening Brief
Notice - Outgoing - Postage Reimbursement Due Dec 19, 2008 9:44 AM Notice - Outgoing
Event - Appellants' brief filed 10/22/08 returned to comply with 12/17/08 order regarding word limit Dec 17, 2008 3:03 PM Event
Order - Appellants' and Appellees joint motion is DENIED. Clerk shall return Appellants' opening brief for correction and refiling within 10 days. Appellees and Cross-Appellants time to file their brief of not more than 15,000 works shall run from the filing of appellants' brief Dec 17, 2008 2:04 PM Order - Other
Motion - Unopposed - Brief - Enlarged; Joint motion to accept overlenght brief & correction. sent to Court Dec 3, 2008 10:57 AM Motion
Order - Grant - Extension of Time; Appellees and Cross-Appellants shall have an addtl. 30 days, to Dec. 24, 2008, to file brief. The word limit for the combined brief shall be 15, 000 words Nov 21, 2008 3:19 PM Order - Extension
Event - Sent to Court- Motion and affidavit to file over-length brief Nov 19, 2008 9:32 AM Event
Affidavit - of Keith D. Tooley is support of Opposed motion for permission to file over-length brief. Placed with Motion Nov 12, 2008 1:46 PM Other
Motion - Unopposed - Extension of Time - Brief (Appellees and Cross-Appellants) sent to Court Nov 10, 2008 1:49 PM Motion
Motion - Unopposed Motion for Extension of Time and Opposed Motion For Permission to File Over-Length Combined Answer/Cross Appeal Brief. held for objection. Tooley's office shall re-file a different motion for extension Nov 10, 2008 10:48 AM Motion
Notice - Incoming - Errata (missing page under tab 2 of appendix, placed with briefs) Oct 24, 2008 2:12 PM Notice - Incoming
Brief - Appellant Oct 22, 2008 9:38 AM Appellant Opening Brief
Order - the word limit for Appellants' opening brief shall be 15,000 words Oct 15, 2008 11:44 AM Order - Other
Motion - Unopposed - Brief - Enlarged. copies sent to Court Oct 7, 2008 3:22 PM Motion
Mediation - Copy of Mediator's Report - Case Not Settled Oct 3, 2008 9:27 AM Mediation
Order - Grant - Extension of Time until Oct. 22, 2008, to file appellant's Brief Sep 5, 2008 3:15 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellants) sent to Court Sep 5, 2008 10:47 AM Motion
Notice - Outgoing - District Court Record Filed Aug 14, 2008 9:37 AM Record
Record - DC Record/Exhibits/Transcript Filed (35 file folders; 6 vol. trans. with disc; 1 binder of exhibits) Aug 13, 2008 9:16 AM Record
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript of 45 days. (06/25/08) Jun 26, 2008 10:41 AM Ruling
Mediation - Appellee's Report of Selection of Tracy Axelberg as Mediator Jun 12, 2008 1:56 PM Mediation
Mediation - Appellant's Report on Selection of Mediator, indicating a desire to select Tracy Axleberg, Stu Kellner, or John Sullivan) as mediator Jun 12, 2008 1:54 PM Mediation
Correspondence - Incoming; Re: transcript already filed is not complete record yet Jun 5, 2008 2:58 PM Correspondence
Order - Sandra Lee Brown is substituted as a party appellant for John O. Brown Jun 4, 2008 2:42 PM Order - Other
Notice - Outgoing - Transcript Filed Jun 3, 2008 11:07 AM Transcript
Record - Transcript Filed (1 orig. w/DVD) Jun 3, 2008 11:02 AM Record
Notice - Outgoing - Appearance Fee Paid May 28, 2008 9:50 AM Notice - Outgoing
Notice - Outgoing - Cross-Appeal Notice May 28, 2008 9:41 AM Notice - Outgoing
Fees - Appearance-Cross Appeal Fee Received May 27, 2008 4:41 PM Fees
Motion - Unopposed - Motion to Substitute Parties. copies to Court May 27, 2008 4:12 PM Motion
Notice - Incoming - Notice of Cross Appeal May 27, 2008 9:38 AM Notice - Incoming
Notice - Outgoing - Appearance Fee Paid May 23, 2008 3:32 PM Notice - Outgoing
Mediation - Case Subject to Mediation May 23, 2008 3:30 PM Mediation
Notice - Outgoing - Appeal Notice May 23, 2008 3:23 PM Notice - Outgoing
Fees - Appearance Fee Received May 21, 2008 3:31 PM Fees
Notice - Incoming - Notice of Appeal Filed May 21, 2008 3:22 PM Notice - Incoming