Nelson v. Montana Rail, et al

DA 23-0569 ·Direct Appeal ·Civil ·Closed
Docket DA 23-0569
Type Direct Appeal — Easement
Classification Civil
Outcome Affirmed
Lower court case DV-16-2021-0001204-DK
Lower court judge Hon. Rienne H. McElyea

Key dates

Closed Sep 19, 2024
Classified May 22, 2024
Appeal filed Sep 26, 2023
Record filed Oct 23, 2023
Opinion issued Sep 3, 2024
Briefing started Oct 23, 2023
Transcript filed Sep 29, 2023
Sent to the court Mar 15, 2024
Submitted for decision Mar 15, 2024
Appellant Opening Brief Filed Dec 22, 2023
Appellee Response Brief Filed Feb 20, 2024

Calculated

from the docket dates
Appeal filed to briefing start 27
Briefing start to opening brief filed 60
Classified to Opinion 104
Filing date to Opinion 343
Filing date to closed 359
Opening to response 59
Opinion to closed 15
Submitted for decision to Opinion 172

Tags

Affirmed Closed Five Justice Panel Published opinion

Parties

Appellee
BNSF Railway Company
Represented by Michelle T. Friend
Appellee
Montana Rail Link, Inc. a Montana Corporation
Represented by Michelle T. Friend
Appellant
Samuel J. Nelson
Represented by Alanah Noel Griffith
Appellant
Samuel J. Nelson Revocable Trust Dated February 9,
Represented by Alanah Noel Griffith

Opinion

Nelson v. Montana Rail, et al, 2024 MT 198

Affirmed on September 3, 2024, in a 5 to 0 published opinion.

Events

most recent first
Event - Case Closed - Electronic Record Sep 19, 2024 9:34 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Sep 19, 2024 9:32 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Sep 19, 2024 9:31 AM Closing Notice
Opinion - Published - Justice McKinnon - Affirmed Sep 3, 2024 2:39 PM Opinion
Order - Classified - Five Justice Panel May 22, 2024 10:44 AM Classifying Notice
Event - Case Sent to Court - No Reply Brief filed Mar 15, 2024 10:08 AM Classifying Notice
AMENDED Notice - Outgoing - Brief Filed Feb 21, 2024 3:37 PM Other
Notice - Outgoing - Brief Filed Feb 21, 2024 1:34 PM Notice - Outgoing
Brief - Appellee's Response (Montana Rail and BNSF Rail) Feb 20, 2024 9:22 AM Appellee Response Brief
Extension - Grant of Extension - Appellees are granted and extension to February 20, 2024 to prepare, file and serve the Appellees response brief Jan 8, 2024 1:10 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellee's Response Brief Jan 8, 2024 10:19 AM Motion
Notice - Outgoing - Appellant's Brief Filed Dec 26, 2023 11:54 AM Notice - Outgoing
Brief - Appellant's Opening Dec 22, 2023 4:35 PM Appellant Opening Brief
Extension - Grant of Extension - Appellant is GRANTED Court a 30 day extension, up to and including December 22, 2023 to prepare, file and serve Appellant's Opening Brief Nov 22, 2023 2:07 PM Extension
Motion - Unopposed - Appellant's Extension of Time - Brief (First Request 30 Days) Nov 22, 2023 10:30 AM Motion
Notice - Outgoing - District Court Record Filed Oct 23, 2023 2:38 PM Record
Record - DC Record Filed for Cause DV 21-01204(B) electronic documents consisting of 1-39 and Case Register Oct 23, 2023 9:16 AM Record
AMENDED Notice - Outgoing - Transcript Filed to include date of transcript Sep 29, 2023 9:50 AM Transcript
Notice - Outgoing - Transcript Filed - March 31, 2023 - Motion for Summary Judgment Sep 28, 2023 2:30 PM Transcript
Record - Transcript Filed - March 31, 2023 - Motion for Summary Judgment Sep 28, 2023 2:28 PM Record
Notice - Outgoing - Appeal Notice Sep 26, 2023 4:42 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Sep 26, 2023 4:14 PM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Sep 26, 2023 4:14 PM Fees