Smith v. Russell

DA 25-0520 ·Direct Appeal ·Civil ·Closed
Docket DA 25-0520
Type Direct Appeal — Justice Court Appeal
Classification Civil
Outcome Affirmed
Lower court case DV-24-435
Lower court judge Hon. Michael F. McMahon

Key dates

Closed Jul 23, 2026
Classified Jun 3, 2026
Appeal filed Jul 21, 2025
Record filed Jul 23, 2025
Briefing ended Mar 13, 2026
Opinion issued Jul 7, 2026
Briefing started Jul 23, 2025
Sent to the court Mar 17, 2026
Submitted for decision Mar 17, 2026
Appellant Reply Brief Filed Mar 13, 2026
Appellant Opening Brief Filed Sep 25, 2025
Appellee Response Brief Filed Jan 24, 2026

Calculated

from the docket dates
Appeal filed to briefing start 2
Briefing days 233
Briefing start to opening brief filed 64
Classified to Opinion 34
Close of briefing to sent to court 3
Filing date to Opinion 351
Filing date to closed 367
Opening to response 120
Opinion to closed 15
Response to reply 48
Sent to court to classified 78
Submitted for decision to Opinion 112

Tags

Affirmed Closed Final Order Issued Five Justice Panel Non-cite opinion

Parties

Appellee
Lourdes Russell
Represented by James Richard Reavis
Appellant
Tracy D. Smith
Represented by Pro Se

Opinion

Smith v. Russell, 2026 MT 148N

Affirmed on July 7, 2026, in a 5 to 0 non-cite opinion.

Events

most recent first
Record - DC Record Return Card Filed Jul 31, 2026 1:54 PM Record
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Jul 24, 2026 12:59 PM Notice - Outgoing
Event - Case Closed (electronic record) Jul 23, 2026 11:41 AM Closing Notice
Record - DC Record Returned to District Court (exhibits only) Jul 23, 2026 11:24 AM Record
Notice - Outgoing - Remittitur Issued Jul 23, 2026 11:12 AM Closing Notice
Opinion - Noncite/Memorandum - Justice Bidegaray - AFFIRMED Jul 7, 2026 3:38 PM Opinion
Order - Classified - Five Justice Panel Jun 3, 2026 12:25 PM Classifying Notice
Event - Case Sent to Court Mar 17, 2026 9:52 AM Classifying Notice
Notice - Outgoing - Brief Filed Mar 17, 2026 9:51 AM Notice - Outgoing
Brief - Appellant Reply Mar 13, 2026 5:00 PM Appellant Reply Brief
Fees - Postage Reimbursement Received Mar 13, 2026 3:57 PM Fees
Notice - Outgoing - Postage Reimbursement Due (Court Order) Mar 9, 2026 4:26 PM Notice - Outgoing
Order - IT IS THEREFORE ORDERED that the signed original and seven copies of the referenced brief be returned for revisions necessary. A signed original and seven copies of the revised brief shall be filed within ten days and one copy of the revised brief be served on each party or counsel of record. Not changes, additions, or deletions other than those specified may be made to the brief. The postage costs will be billed the Appellant Mar 5, 2026 3:16 PM Order - Other
Order - Appellant has until March 9, 2026, to prepare, file, and serve his reply brief. No further extensions will be granted Feb 6, 2026 1:41 PM Order - Extension
Motion - Extension of Time - Appellant's Reply Brief - (First 30 days) - Pro se Motion - sent to court w/ sc file Feb 6, 2026 11:15 AM Motion
Notice - Outgoing - Brief Filed Jan 26, 2026 10:03 AM Notice - Outgoing
Brief - Appellee's Response Jan 23, 2026 7:06 PM Appellee Response Brief
Order - Appellee is given an extension of time until January 26, 2026, to prepare, file, and serve the Appellee's response brief Dec 19, 2025 3:59 PM Order - Extension
Motion - Opposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Dec 18, 2025 6:42 PM Motion
Notice - James Reavis of Reavis Law, PLLC enters his appearance on behalf of the Defendant and Appellee, Lourdes Russell Dec 9, 2025 1:35 PM Notice
Order - Appellee is granted an extension of time to and including December 26, 2025, within which to prepare, file, and serve her response brief Dec 1, 2025 3:26 PM Order - Extension
Motion - Extension of Time - Appellee's Brief. Pro Se Motion sent to Court w case file Nov 25, 2025 4:31 PM Motion
Grant - Appellee is given to and including November 26, 2025, within which to prepare, file, and serve the State's response brief Oct 28, 2025 11:43 AM Other
Motion - Extension of Time - Brief - First 30 - Appellee Response Oct 27, 2025 3:53 PM Motion
Notice - Outgoing - Appellant's Opening Brief Filed Sep 25, 2025 1:23 PM Notice - Outgoing
Brief - Appellant's Opening Sep 25, 2025 1:22 PM Appellant Opening Brief
Order - Appellant is given an extension to and including September 26, 2025, to file his opening brief. No further extensions will be granted unless Appellant notifies the Court whether there are any objections to the motion Aug 27, 2025 3:24 PM Order - Extension
Motion - Extension of Time - Appellant's Opening Brief (sent to Court w/ S.C. File) Aug 25, 2025 12:46 PM Motion
Service - Mail Returned - resent to correct P.O. Box # Aug 12, 2025 2:26 PM Service
Notice - Outgoing - Exhibits Filed Jul 28, 2025 10:46 AM Notice - Outgoing
Record - Exhibits Filed for Cause No. CV-2022-781 consisting of three (3) CD's from Lower Court Hearings contained one (1) manila envelope Jul 25, 2025 10:45 AM Record
Notice - Outgoing - Electronic District Court Record Filed Jul 23, 2025 9:50 AM Record
Electronic DC Record Filed for Cause No. BDV-2024-435 consisting of documents 1-26 and a Case Register Report Jul 23, 2025 9:38 AM Record
Notice - Outgoing - Appeal Notice Jul 22, 2025 1:25 PM Notice - Outgoing
Fees - Appearance Fee Received Jul 22, 2025 1:22 PM Fees
Notice of Appeal Filed Jul 21, 2025 5:00 PM Notice