Gbsb Holding v. Flathead County

DA 23-0728 ·Direct Appeal ·Civil ·Closed
Docket DA 23-0728
Type Direct Appeal — Real Property
Classification Civil
Outcome Affirmed
Lower court case DV 2020 995
Lower court judge Hon. Amy Poehling Eddy

Key dates

Closed Mar 5, 2025
Classified Nov 7, 2024
Appeal filed Dec 19, 2023
Record filed Dec 21, 2023
Briefing ended Aug 26, 2024
Opinion issued Feb 4, 2025
Briefing started Feb 20, 2024
Rehearing denied Mar 4, 2025
Transcript filed Feb 20, 2024
Sent to the court Aug 26, 2024
Rehearing requested Feb 14, 2025
Submitted for decision Aug 26, 2024
Appellant Reply Brief Filed Aug 26, 2024
Appellant Opening Brief Filed May 14, 2024
Appellee Response Brief Filed Jul 30, 2024

Calculated

from the docket dates
Appeal filed to briefing start 63
Briefing days 188
Briefing start to opening brief filed 84
Classified to Opinion 89
Close of briefing to sent to court 0
Filing date to Opinion 413
Filing date to closed 442
Opening to response 76
Opinion to closed 28
Response to reply 26
Sent to court to classified 72
Submitted for decision to Opinion 162

Tags

Affirmed Closed Final Order Issued Five Justice Panel Published opinion Rehearing denied Rehearing requested

Parties

Appellee
Flathead County Board of County Commissioners
Represented by Tara Renee Fugina
Appellee
Flathead County
Represented by Tara Renee Fugina
Appellant
GBSB Holding, LLC
Represented by Richard P. DeJana
Appellee
Juliana M. Oswald
Represented by Dana Lynn Hupp
Appellee
Kristin Patricia Bell
Represented by Dana Lynn Hupp
Appellee
Rikki Ann Martin
Represented by Dana Lynn Hupp
Appellee
Scott C. Martin
Represented by Dana Lynn Hupp
Appellee
Sean Patrick James
Represented by Dana Lynn Hupp
Appellee
Whitefish Hills Village Homeowners Association, Inc.
Represented by Colleen M. Dowdall
Appellee
Whitefish Village, LLC
Represented by Donald R. Murray
Appellee
William F. Oswald
Represented by Dana Lynn Hupp

Opinion

Gbsb Holding v. Flathead County, 2025 MT 22

Affirmed on February 4, 2025, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Mar 25, 2025 9:16 AM Record
Event - Case Closed Mar 5, 2025 8:56 AM Closing Notice
Record - DC Record Returned to District Court Mar 4, 2025 5:11 PM Record
Notice - Outgoing - Opinion Release Notice Issued Mar 4, 2025 5:03 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Mar 4, 2025 4:58 PM Closing Notice
Order - Deny-Petition for Rehearing. IT IS THEREFORE ORDERED that GBSB's petition for rehearing is DENIED. Remittitur shall issue forthwith Mar 4, 2025 4:49 PM Order - Petition for Rehearing Denied
Event - Sent to Court-Pleading Mar 4, 2025 8:09 AM Event
Appellees Oswald, James, Bell, & Martin's Objection to Petition for Rehearing Mar 3, 2025 5:02 PM Other
Appellee Whitefish Village, LLC's Objection to Petition for Rehearing Mar 3, 2025 2:51 PM Other
Appellee Flathead County Commissioners' Objection to Petition for Rehearing Feb 27, 2025 8:00 AM Other
Petition - Rehearing - held for response Feb 14, 2025 1:57 PM Petition
Opinion - Published - Justice Baker - Affirmed Feb 4, 2025 3:42 PM Opinion
Order - Classified - Five Justice Panel Nov 6, 2024 6:23 PM Classifying Notice
Event - Case Sent to Court Aug 26, 2024 11:18 AM Classifying Notice
Notice - Outgoing - Brief Filed Aug 26, 2024 11:15 AM Notice - Outgoing
Brief - Appellant Reply Aug 26, 2024 9:28 AM Appellant Reply Brief
Order - Appellants are granted an extension of time up to and including August 26, 2024, to prepare, file and serve the Appellants' reply brief. No further extensions will be granted Aug 9, 2024 5:09 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Aug 9, 2024 3:44 PM Motion
Notice - Outgoing - Brief Filed - William F. Oswald & Juliana M. Oswald, Sean Patrick James, Kristin Patricia Bell and Scott C. Martin & Rikki Ann Martin Jul 30, 2024 4:21 PM Notice - Outgoing
Notice - Outgoing - Brief Filed - Whitefish Village, LLC Jul 30, 2024 4:19 PM Notice - Outgoing
Notice - Outgoing - Brief Filed - Appellee Whitefish Hills Village Homeowners' Ass'n Jul 30, 2024 11:06 AM Notice - Outgoing
Brief - Appellee's Response - Whitefish Village, LLC Jul 30, 2024 10:30 AM Appellee Response Brief
Brief - Appellee Whitefish Hills Village Homeowners' Ass'n Response Jul 29, 2024 10:34 PM Appellee Response Brief
Brief - Appellee's Response - William F. Oswald & Juliana M. Oswald, Sean Patrick James, Kristin Patricia Bell and Scott C. Martin & Rikki Ann Martin - Adopt and incorporate the Appellees' Response Brief filed by Appellee Flathead County Jul 24, 2024 11:42 AM Appellee Response Brief
Notice - Outgoing - Brief Filed Jul 23, 2024 10:29 AM Notice - Outgoing
Brief - Appellee's Response - Flathead County Jul 22, 2024 2:02 PM Appellee Response Brief
Order - Deficiencies-Brief - IT IS ORDERED that the referenced brief is rejected. THAT within (10) days of the date of this Order the Appellee shall electronically file with the Clerk of this Court a revised brief containing the revisions necessary and that the Appellee shall serve copies of the revised brief on all parties of record; THAT no changes, additions, or deletions other than those specified in this Order may be made to the brief as originally filed Jul 18, 2024 11:55 AM Order - Deficiency
Order - Appellees are granted until July 29, 2024, to prepare, file, and serve their response brief Jun 10, 2024 12:28 PM Order - Other
Joint Motion for Revised Briefing Schedule Jun 7, 2024 11:43 AM Other
Notice - Outgoing - Brief Filed May 14, 2024 3:25 PM Notice - Outgoing
Brief - Appellant's Opening May 14, 2024 12:05 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is given an extension of time to and including May 17, 2024, to prepare, file, and serve Appellant's opening brief Apr 11, 2024 12:57 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Apr 11, 2024 9:33 AM Motion
Extension - Grant of Extension - Appellant is granted an extension of time up to and including April 17, 2024, to prepare, file and serve the Appellant's opening brief Mar 14, 2024 10:22 AM Extension
Motion - Unopposed - Appellant's Motion for an Extension of Time to File Opening Brief (First Request 30 Days) Mar 14, 2024 10:03 AM Motion
Notice - Outgoing - Transcript Filed Feb 20, 2024 8:16 AM Transcript
Record - Electronic Transcripts Filed for Cause No. DV 20-0995 consisting of 4-25-2023 and 1-18-2022 Feb 16, 2024 5:35 PM Record
Notice - Outgoing - Other Feb 1, 2024 3:36 PM Notice - Outgoing
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript - The Court Reporter shall have an additional 50 days from January 31, 2024 in which to complete the transcripts on appeal Jan 31, 2024 12:53 PM Ruling
Order - Grant - AMENDED - This Appeal may proceed as a Rule 54(b) Appeal Jan 3, 2024 3:59 PM Order - Other
Order - Grant - This Appeal may proceed as a Rule 54(b) Appeal Jan 2, 2024 3:37 PM Order - Other
Notice - Outgoing - Additional District Court Documents Dec 27, 2023 10:39 AM Notice - Outgoing
Record - Additional DC Record for Cause No. DV 20-0995 Filed - 2-Large Boxes with 4-Binders re: Stipulated record for document 69 Dec 27, 2023 10:38 AM Record
Notice - Outgoing - District Court Record Filed Dec 21, 2023 9:40 AM Record
Record - ELECTRONIC DC Record Filed - Cause No. DV 15-2021-0206 - 1 thru 7 (NOTE: There were two SEPARATE DCs sent in for this) - One is a Consolidation order Dec 20, 2023 3:42 PM Record
Record - ELECTRONIC DC Record Filed - Cause No. DV- 15 -2020-0995 - Order from 11-21; Case Register-Docket; and, documents 1-137 Dec 20, 2023 3:18 PM Record
Event - Sent to Court-Pleading Dec 19, 2023 1:43 PM Event
Notice - Outgoing - Appeal Notice Dec 19, 2023 1:36 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal with rule 54(b) Certification Filed Dec 19, 2023 11:18 AM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Dec 19, 2023 11:18 AM Fees