Stoican v. Wagner

DA 14-0310 ·Direct Appeal ·Probate ·Closed
Docket DA 14-0310
Type Direct Appeal — Probate
Classification Probate
Outcome Affirmed in part, reversed in part
Lower court case DP-12-220(C)
Lower court judge Hon. Heidi J. Ulbricht

Key dates

Closed Mar 12, 2015
Classified Dec 31, 2014
Appeal filed May 22, 2014
Record filed Jul 25, 2014
Briefing ended Oct 31, 2014
Opinion issued Feb 24, 2015
Briefing started Jul 25, 2014
Sent to the court Oct 31, 2014
Submitted for decision Oct 31, 2014
Appellant Reply Brief Filed Oct 31, 2014
Appellant Opening Brief Filed Aug 22, 2014
Appellee Response Brief Filed Oct 20, 2014

Calculated

from the docket dates
Appeal filed to briefing start 64
Briefing days 98
Briefing start to opening brief filed 28
Classified to Opinion 55
Close of briefing to sent to court 0
Filing date to Opinion 278
Filing date to closed 294
Opening to response 58
Opinion to closed 15
Response to reply 11
Sent to court to classified 60
Submitted for decision to Opinion 116

Tags

Affirmed in part, reversed in part Closed Five Justice Panel Published opinion Subject to Mediation

Parties

Appellee
Mark D. Wagner
Represented by Karl K. Rudbach
Appellee
Antionette Wagner
Represented by Kristin L. Omvig
Appellant
Audrey Stoican
Represented by Rebecca Henning-Rutz
Appellant
John L. Stoican
Represented by Rebecca Henning-Rutz
Appellee
John Wagner
Represented by Mikel L. Moore
Appellant
John William Lawlor
Represented by Rebecca Henning-Rutz
Appellee
Mary McPherson
Represented by Maxon R. Davis

Opinion

Stoican v. Wagner, 2015 MT 54

Affirmed in part, reversed in part on February 24, 2015, in a 5 to 2 published opinion.

Events

most recent first
Fees - Postage Reimbursement Received Mar 30, 2015 10:37 AM Fees
Record - DC Record Return Card Filed Mar 19, 2015 11:40 AM Record
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Mar 16, 2015 11:55 AM Notice - Outgoing
Event - Case Closed Mar 12, 2015 2:19 PM Closing Notice
Record - DC Record Returned to District Court Mar 12, 2015 2:19 PM Record
Notice - Outgoing - Opinion Release Notice Issued Mar 12, 2015 2:08 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Mar 12, 2015 2:04 PM Closing Notice
Opinion - Published - Justice Wheat - Affirm in part and Reverse in Part Feb 24, 2015 3:08 PM Opinion
Order - Classified - Five Justice Panel Dec 31, 2014 12:12 PM Classifying Notice
Event - Case Sent to Court Oct 31, 2014 2:00 PM Classifying Notice
Brief - Appellant Reply Oct 31, 2014 1:51 PM Appellant Reply Brief
Brief - Appellee Oct 20, 2014 8:42 AM Appellee Response Brief
Mediation - Mediator's Report - Case Not Settled Sep 29, 2014 3:23 PM Mediation
Extension - Grant of Extension - Appellee Antoinette Wagner is granted until 10/20/14 to file her brief Sep 17, 2014 11:55 AM Extension
Motion - Extension of Time - Appellee's Brief (Antoinette Wagner) Sep 17, 2014 10:49 AM Motion
Extension - Grant of Extension to October 20, 2014 to file Appellee's (John and Mark Wagner) Brief Sep 5, 2014 4:36 PM Extension
Motion - Unopposed - Extension of Time - Appellee's (John and Mark Wagner) Brief Sep 5, 2014 2:32 PM Motion
Brief - Appellant Aug 22, 2014 3:36 PM Appellant Opening Brief
Mediation - Substitution of Mediator Lon Dale for Vanessa Ceravolo Aug 15, 2014 10:56 AM Mediation
Mediation - Selection of Mediator (Vanessa Ceravolo) Jul 25, 2014 2:18 PM Mediation
Notice - Outgoing - District Court Record Filed Jul 25, 2014 11:49 AM Record
Record - DC Record DP12-220 (C) consisting of (2) manila file folders; (1) envelope of Exhibits; and a (1) volume Transcript dated 2/5/14 Filed Jul 25, 2014 11:38 AM Record
Order - allowing appeal to proceed in accordance with the Montana Rules of Appellate Procedure Jul 15, 2014 9:22 AM Order - Other
Event - Sent to Court-Pleading - (Motion to Dismiss, and Objection) Jul 14, 2014 11:35 AM Event
Objection to Motion to Dismiss. (sent to Court) Jul 14, 2014 11:31 AM Objection
Motion - Opposed - Dismiss - Appellee's. held for objection Jul 8, 2014 3:29 PM Motion
Event - Sent to Court-Pleading (Copy of DC Order regarding Rule 54(b) M.R.Civ.P.) Jun 26, 2014 9:59 AM Event
Copy of District Court order entitled, "Amended Certification Under M.R.Civ.P. 54(b)" filed pursuant to Supreme Court Order dated June 3, 2014. copies to court Jun 26, 2014 9:50 AM Other
Notice - Incoming - Amended Notice of Appeal Filed Jun 16, 2014 2:38 PM Notice - Incoming
Notice - Outgoing - Rescinding Mediator Appointment Jun 13, 2014 10:08 AM Notice - Outgoing
Mediation - Order Appointing Mediator (Vanessa M. Ceravolo) Jun 12, 2014 11:45 AM Mediation
Order - Remand to allow the court to enter a certification order that meets requirements of Roy and M.R.Civ.P.54(b) Jun 3, 2014 4:44 PM Order - Other
Notice - Outgoing - Appeal Notice May 27, 2014 10:00 AM Notice - Outgoing
Mediation - Case Subject to Mediation May 27, 2014 9:58 AM Mediation
Fees - Appearance Fee Received May 27, 2014 9:58 AM Fees
Copy of Notice of Transcripts Deemed Necessary May 22, 2014 9:59 AM Other
Notice - Incoming - Notice of Appeal with Rule 54(b) Certification - copies to Court May 22, 2014 9:52 AM Notice - Incoming