Mcnain Holdings v. Wilderness Preserve

DA 25-0686 ·Direct Appeal ·Civil ·Open
Docket DA 25-0686
Type Direct Appeal — Breach of Contract
Classification Civil
Outcome Reversed
Lower court case DV-27-2023-0000158-BC
Lower court judge Hon. Matthew J. Cuffe

Key dates

Appeal filed Oct 1, 2025
Transcript filed Oct 3, 2025
Record filed Oct 9, 2025
Briefing started Oct 9, 2025
Appellant Opening Brief Filed Dec 8, 2025
Appellee Response Brief Filed Feb 3, 2026
Appellant Reply Brief Filed Feb 17, 2026
Briefing ended Feb 17, 2026
Sent to the court Feb 17, 2026
Submitted for decision Feb 17, 2026
Classified May 13, 2026
Opinion issued Aug 18, 2026

Calculated

from the docket dates
Appeal filed to briefing start 8
Briefing days 130
Briefing start to opening brief filed 59
Classified to Opinion 97
Close of briefing to sent to court 0
Days since filed 335
Filing date to Opinion 321
Opening to response 57
Response to reply 13
Sent to court to classified 85
Submitted for decision to Opinion 182

Tags

Five Justice Panel Open Published opinion Reversed

Parties

Appellee
Jay Robert Blake
Represented by J. Fred Simpson Jill Melissa Gerdrum
Appellee
McNain Holdings LP
Represented by J. Fred Simpson Jill Melissa Gerdrum
Appellee
Naomi Monica Blake
Represented by J. Fred Simpson Jill Melissa Gerdrum
Appellant
Wilderness Preserve US LP
Represented by Brian Michael Joos

Opinion

Mcnain Holdings v. Wilderness Preserve, 2026 MT 193

Reversed on August 18, 2026, in a 5 to 0 published opinion.

Summary

This case grew out of a timeshare-style vacation deal gone sour. In 2015, two couples—the McNains and the Blakes—bought fractional interests in a "Wilderness Club" resort near Eureka, Montana, each paying $75,000 for a share of a three-bedroom villa with the understanding that Wilderness Preserve US LP would eventually build a four-bedroom villa and transfer them into it. Until that happened, the couples were promised free use of a four-bedroom cabin and no maintenance fees. Nearly eig...

Experimental — generated by Claude, not part of the Court’s opinion.

Events

most recent first
Opinion - Published - Justice Shea - Affirmed and Remanded Aug 18, 2026 3:19 PM Opinion
Order - Classified - Five Justice Panel May 13, 2026 11:48 AM Classifying Notice
Event - Case Sent to Court Feb 17, 2026 10:33 AM Classifying Notice
Notice - Outgoing - Brief Filed Feb 17, 2026 10:31 AM Notice - Outgoing
Brief - Appellant Reply Feb 17, 2026 9:45 AM Appellant Reply Brief
Notice - Outgoing - Brief Filed Feb 4, 2026 8:23 AM Notice - Outgoing
Brief - Appellee's Response Feb 3, 2026 4:16 PM Appellee Response Brief
Extension - IT IS HEREBY ORDERED that Plaintiffs/Appellees shall have up to and including February 6, 2026 to file their Answer Brief Dec 10, 2025 8:36 AM Extension
Motion - Unopposed - Appellee's Extension of Time - Brief (First Request 30 Days) Dec 9, 2025 4:33 PM Motion
Notice - Outgoing - Appellant's Opening Brief Filed Dec 8, 2025 3:56 PM Notice - Outgoing
Brief - Appellant's Opening Dec 8, 2025 12:21 PM Appellant Opening Brief
Mediation - Mediator's Report - Case Not Settled Nov 12, 2025 2:00 PM Mediation
Mediation - Selection of Mediator - Michael G. Moses Oct 31, 2025 10:19 AM Mediation
Grant - Appellant shall have an extension of time up to and including Monday, December 8, 2025 within which to file its initial brief Oct 24, 2025 10:43 AM Other
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) Oct 24, 2025 8:00 AM Motion
Notice - Outgoing - Exhibits Filed Oct 14, 2025 4:32 PM Notice - Outgoing
Record - Exhibits Filed for DV-23-158 consisting of one (1) white three-ring binder of exhibits Oct 14, 2025 4:30 PM Record
Notice - Outgoing - District Court Record Filed Oct 9, 2025 3:20 PM Record
Record - Electronic DC Record Filed for Cause DV 23-158 consisting of 1-84, and Case Register Oct 9, 2025 2:49 PM Record
Notice - Outgoing - Transcript Filed Oct 3, 2025 3:10 PM Transcript
Record - Electronic Transcript Filed for Cause No. DV-23-158 of 04/7/2025, 04/08/2025, 04/09/2025 & 08/19/2025 hearings Oct 3, 2025 3:00 PM Record
Notice - Outgoing - Appeal Notice Oct 1, 2025 3:24 PM Notice - Outgoing
Notice of Appeal Filed Oct 1, 2025 3:04 PM Notice
Fees - Filing Fee Paid (E-Filing) Oct 1, 2025 3:04 PM Fees