Helvik v. Tuscano

DA 23-0656 ·Direct Appeal ·Civil ·Closed
Docket DA 23-0656
Type Direct Appeal — Real Property
Classification Civil
Outcome Affirmed
Lower court case DV-2021-39
Lower court judge Hon. Brenda R. Gilbert

Key dates

Closed Jul 24, 2025
Classified Jun 18, 2025
Appeal filed Nov 7, 2023
Record filed Apr 10, 2025
Briefing ended Apr 30, 2025
Opinion issued Jul 8, 2025
Briefing started Apr 10, 2025
Transcript filed Apr 2, 2025
Sent to the court May 6, 2025
Submitted for decision May 6, 2025
Appellant Reply Brief Filed Apr 30, 2025
Appellant Opening Brief Filed Mar 18, 2025
Appellee Response Brief Filed Apr 16, 2025

Calculated

from the docket dates
Appeal filed to briefing start 520
Briefing days 20
Briefing start to opening brief filed 23
Classified to Opinion 20
Close of briefing to sent to court 5
Filing date to Opinion 609
Filing date to closed 625
Opening to response 29
Opinion to closed 15
Response to reply 14
Sent to court to classified 43
Submitted for decision to Opinion 63

Tags

Affirmed Closed Emergency Mentioned Final Order Issued Five Justice Panel Published opinion

Parties

Appellee
Jacqueline Conner
Represented by Michael Francis McGuinness
Appellee
Julian Helvik
Represented by Barbara C. Harris
Appellant
Karen Tuscano
Represented by Peter B. Taylor
Appellee
Sidney Helvik
Represented by Barbara C. Harris
Appellant
Wesley Tuscano
Represented by Peter B. Taylor

Opinion

Helvik v. Tuscano, 2025 MT 150

Affirmed on July 8, 2025, in a 5 to 0 published opinion.

Events

most recent first
Event - Case Closed - Electronic Record Jul 24, 2025 9:34 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jul 24, 2025 9:32 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jul 24, 2025 9:32 AM Closing Notice
Opinion - Published - Justice Shea - Affirmed Jul 8, 2025 4:24 PM Opinion
Order - Classified - Five Justice Panel Jun 18, 2025 11:53 AM Classifying Notice
Event - Case Sent to Court May 6, 2025 10:59 AM Classifying Notice
Notice - Outgoing - Brief Filed Apr 30, 2025 4:54 PM Notice - Outgoing
Brief - Appellant Reply Apr 30, 2025 3:46 PM Appellant Reply Brief
Notice - Outgoing - Briefs Filed Apr 16, 2025 3:12 PM Notice - Outgoing
Brief - Appellees Julian and Sidney Helvik's Response Apr 16, 2025 2:24 PM Appellee Response Brief
Brief - Appellee's Response - Appellee Conner's Response Brief Apr 16, 2025 1:23 PM Appellee Response Brief
Notice - Outgoing - District Court Record Filed Apr 10, 2025 2:29 PM Record
Record - Additional Electronic DC Documents Filed consisting of documents 284-317, sealed documents and lodged documents. (Added to the District Court File) Apr 10, 2025 2:25 PM Record
Notice - Outgoing - Transcript Filed Apr 2, 2025 11:00 AM Transcript
Affidavit - Court Reporter - Robin Lee - Correction to Transcript of Jury Trial dated June 12-June 16, 2023 Apr 2, 2025 10:49 AM Other
Notice - Outgoing - Brief Filed Mar 18, 2025 11:20 AM Notice - Outgoing
Brief - Appellant's Opening Mar 18, 2025 9:31 AM Appellant Opening Brief
Order - IT IS ORDERED that the referenced brief is rejected. Within ten days of the date of this Order the Appellant shall file a revised brief containing the revisions necessary. No changes, additions, or deletions other than those specified in this Order may be made to the brief as originally filed; and the times for any subsequent briefing contained shall run from the date of filing of the revised brief Mar 17, 2025 4:56 PM Order - Other
Order - Appellants are given an extension of time until March 17, 2025 to prepare, file and serve their opening brief. No further extensions will be granted Jan 31, 2025 12:36 PM Order - Extension
Motion - Opposed - Extension of Time - Brief - Appellant's Opening Brief Jan 31, 2025 8:37 AM Motion
Order - Deny - IT IS THEREFORE ORDERED that the motion to dismiss is DENIED Jan 22, 2025 4:11 PM Final Order
Notice - Outgoing - Transcript Filed Jan 14, 2025 1:01 PM Transcript
Record - Electronic Transcripts Filed for Cause No. DV 2021-0039 consisting of July 12, 2023 thru July 15, 2023; Jury Trial Jan 14, 2025 10:56 AM Record
Event - Sent to Court-Pleading Jan 13, 2025 3:09 PM Event
Response/Objection - Response to Motion Jan 13, 2025 2:50 PM Response
Motion - Opposed - Dismiss - Appellee Helvik's Motion to Dismiss - held for response Dec 30, 2024 12:11 PM Motion
Order - Court Reporter shall have up until and including December 17, 2024, to transmit the requested transcripts in this case. No further extensions will be granted Dec 13, 2024 5:02 PM Order - Extension
Motion - Extension of Time - Prepare Transcript Dec 13, 2024 4:07 PM Motion
Order - IT IS HEREBY ORDERED that Court Reporter Robin Lee is granted an extension of time to and including December 6, 2024, within which to prepare, file, and serve the transcripts requested on appeal Dec 4, 2024 3:51 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Dec 2, 2024 4:51 PM Motion
Order - Grant - Court Reporter has until and including November 24, 2024, to transmit the requested Transcripts in this case Oct 23, 2024 12:52 PM Order - Other
Motion - Extension of Time - Prepare Transcript - Includes Affidavit of Court Reporter Oct 22, 2024 4:31 PM Motion
Notice - Outgoing - Transcript Filed Oct 15, 2024 8:41 AM Transcript
Record - Electronic Transcripts Filed for DV 2021-0039 consisting of June 12, 2023 thru June 15, 2023 Oct 15, 2024 8:33 AM Record
Notice - Outgoing - Transcript Filed Oct 8, 2024 8:01 AM Transcript
Record - Electronic Transcripts Filed for DV 2021-0039 consisting of 7/12/2022, 3/29/2023, 5/31/2023 and 7/25/2023 Oct 7, 2024 8:23 PM Record
Notice - Incoming - Appellant's Errata to Motion for Extension Sep 9, 2024 10:46 AM Notice - Incoming
Order - IT IS HEREBY ORDERED that Court Reporter Robin Lee is granted an extension of time to and including October 7, 2024, within which to prepare, file, and serve the transcripts requested on appeal. No further extensions will be granted Sep 6, 2024 5:10 PM Order - Extension
Motion - Extension of Time - Prepare Transcript Sep 5, 2024 4:45 PM Motion
Order - Grant - Court Reporter Robin Lee has an extension of time to and including September 5, 2024, within which to prepare, file, and serve the transcripts requested on appeal Jul 23, 2024 3:17 PM Order - Extension
Motion - Extension of Time - Prepare Transcript Jul 23, 2024 9:31 AM Motion
Order - Grant - Extension of Time - IT IS HEREBY ORDERED that the Motion for an Extension of Time to Transmit the Transcripts is GRANTED and the Affiant shall have up until and including July 22, 2024, to transmit the requested Transcripts in this case Apr 8, 2024 8:00 AM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Apr 5, 2024 4:11 PM Motion
Order - Grant - Extension of Time - IT IS HEREBY ORDERED that Tuscanos' Motion for an Extension of Time to Transmit the Transcripts is GRANTED and the Affiant shall have up until and including April 22, 2024, to transmit the requested Transcripts in this case Mar 14, 2024 9:34 PM Order - Extension
Motion - Extension of Time - Prepare Transcript Mar 14, 2024 4:24 PM Motion
Order - Deny-Petition for Rehearing Jan 2, 2024 3:11 PM Order - Petition for Rehearing Denied
Event - Sent to Court-Pleading Dec 22, 2023 1:14 PM Event
Response/Objection - Connor's Response to Motion Dec 22, 2023 1:00 PM Response
Response/Objection - Helvik's Response to Emergency Motion to Reconsider Dec 22, 2023 11:05 AM Response
Event - Sent to Court-Pleading Dec 21, 2023 4:40 PM Event
Motion - Opposed - Reconsideration (EMERGENCY) Dec 21, 2023 4:36 PM Motion
Notice - Outgoing - Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript to February 1, 2024 Dec 21, 2023 4:23 PM Notice - Outgoing
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript to February 1, 2024 Dec 21, 2023 4:05 PM Ruling
Order - Denying Appellant's M.R. App. P. 22(2)(a) Motion Dec 19, 2023 4:12 PM Order - Other
Notice - Outgoing - District Court Record Filed Dec 13, 2023 4:53 PM Record
Record - DC Record Filed for Cause No. DV-2021-39 consisting of electronic documents 1-283 and Case Register Report Dec 13, 2023 4:52 PM Record
Event - Sent to Court-Pleading Dec 11, 2023 10:04 AM Event
Response/Objection - Withdrawal of Objection/Response to Motion to Supplement the Record Dec 11, 2023 9:40 AM Response
Motion - Opposed - Supplement the Record (Held for Response) Dec 8, 2023 3:39 PM Motion
Event - Sent to Court-Pleading Dec 8, 2023 2:34 PM Event
Response/Objection - Connor's Notice of Joinder in Helvik's Objection to Tuscano's Rule 22(2) Motion Stay of Pending Appeal Dec 8, 2023 2:13 PM Response
Event - Sent to Court-Pleading Dec 7, 2023 3:25 PM Event
Response/Objection - Response to Motion - Helviks' Objection to Tuscanos' Rule 22(2) Motion to Stay Appeal Dec 7, 2023 2:57 PM Response
Motion - Opposed - Stay Pending Appeal (Held for Response) Dec 6, 2023 10:08 AM Motion
Notice - Outgoing - Appeal Notice Nov 7, 2023 10:48 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Nov 7, 2023 10:27 AM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Nov 7, 2023 10:27 AM Fees