Stewart v. Rice

DA 11-0542 ·Direct Appeal ·Civil ·Closed
Docket DA 11-0542
Type Direct Appeal — Damages
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case DV 06-122
Lower court judge Hon. Blair Jones

Key dates

Closed Mar 21, 2013
Classified Dec 12, 2012
Appeal filed Sep 12, 2011
Record filed Nov 2, 2011
Briefing ended Oct 22, 2012
Opinion issued Mar 5, 2013
Briefing started Jan 5, 2012
Transcript filed Jan 5, 2012
Sent to the court Oct 23, 2012
Submitted for decision Oct 23, 2012
Appellant Reply Brief Filed Oct 22, 2012
Appellant Opening Brief Filed Aug 6, 2012
Appellee Response Brief Filed Oct 9, 2012

Calculated

from the docket dates
Appeal filed to briefing start 115
Briefing days 291
Briefing start to opening brief filed 214
Classified to Opinion 83
Close of briefing to sent to court 1
Filing date to Opinion 540
Filing date to closed 556
Opening to response 63
Opinion to closed 15
Response to reply 12
Sent to court to classified 50
Submitted for decision to Opinion 133

Tags

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

Parties

Appellant
Clark E. Rice
Represented by Pro Se
Appellant
Edythe Rice
Represented by Joseph M. Raffiani
Appellee
Juanita Stands
Represented by Elizabeth J. Honaker
Appellee
Vianna Stewart
Represented by Kelly J. Varnes

Opinion

Stewart v. Rice, 2013 MT 55

Affirmed in part, reversed in part on March 5, 2013, in a 5 to 0 published opinion.

Events

most recent first
Notice - Outgoing - Postage Reimbursement has been waived Apr 2, 2013 1:57 PM Notice - Outgoing
Record - DC Record Return Card Filed Apr 1, 2013 10:01 AM Record
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Mar 25, 2013 12:55 PM Notice - Outgoing
Record - DC Record Returned to District Court Mar 21, 2013 2:22 PM Record
Event - Case Closed Mar 21, 2013 2:21 PM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Mar 21, 2013 2:02 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Mar 21, 2013 1:54 PM Closing Notice
Opinion - Published ; Baker, affirmed in part, reversed in part and remanded Mar 5, 2013 4:22 PM Opinion
Order - Classified - Five Justice Panel Dec 12, 2012 3:47 PM Classifying Notice
Event - Case Sent to Court Oct 23, 2012 1:43 PM Classifying Notice
Brief - Appellant Reply (Clark Rice) Oct 22, 2012 1:41 PM Appellant Reply Brief
Brief - Appellant Reply (Edythe Rice) Oct 19, 2012 11:59 AM Appellant Reply Brief
Brief - Appellee (Stands) Oct 9, 2012 3:05 PM Appellee Response Brief
Brief - Appellee (Stewart) Oct 5, 2012 10:34 AM Appellee Response Brief
Order - Appellee (Stewart) GRANT of Extension of Time until 10/5/12 to file response brief Sep 4, 2012 12:56 PM Order - Extension
Order - Appellee (Stands) GRANT of Extension of Time until 10/5/12 to file response brief Sep 4, 2012 12:43 PM Order - Extension
Motion - Opposed - Extension of Time - Brief (Appellee Stands). To court Aug 31, 2012 1:24 PM Motion
Motion - Opposed - Extension of Time - Brief (Appellee Stewart). To Court Aug 30, 2012 1:20 PM Motion
Brief - Appellant (Edythe Rice) Aug 6, 2012 4:10 PM Appellant Opening Brief
Brief - Appellant (Clark E. Rice) Jul 5, 2012 2:24 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant Edythe Rice is granted until 8/6/12 to file the opening brief Jul 3, 2012 3:08 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Edythe Rice) Jul 2, 2012 10:54 AM Motion
Order - Grant - Extension of Time until July 6, 2012, to file Appellants' opening briefs May 3, 2012 4:21 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant Edythe Rice). To court May 3, 2012 1:46 PM Motion
Motion - Opposed - Extension of Time - Brief - Appellant. sent to Court Apr 30, 2012 2:26 PM Motion
Notice - Incoming - Appearance of Joseph M. Raffiani on behalf of EDYTHE RICE Apr 30, 2012 12:44 PM Notice - Incoming
Order - The motion to dismiss all charges is DENIED. The motion to bring forth new evidence is DENIED. The current briefing schedule will remain in place Apr 24, 2012 11:52 AM Final Order
Motion (Edythe D. Rice) - Opposed - "Motion to Dismiss on Grounds of Indecent Procedure". copies to Court Apr 24, 2012 11:26 AM Motion
Motion (Clark E. Rice) - Opposed - "Motion to Dismiss On Grounds of Indecent Procedure". copies to Court Apr 24, 2012 11:23 AM Motion
Event - Sent to Court-Pleadings - Motion to Dismiss All Charges (Appellant Clark E. Rice) and Motion to Bring Forth New Evidence (Appellant Clark E. Rice) Apr 12, 2012 10:48 AM Event
Order - Grant - Extension of Time until May 7, 2012, to file Appellant's Brief Apr 3, 2012 1:57 PM Order - Extension
Motion - Opposed - Motion to Dismiss All Charges (Appellant Clark E. Rice). hold for response Apr 2, 2012 4:07 PM Motion
Motion - Opposed - Motion to Bring Forth New Evidence. (Appellant Clark E. Rice) hold for response Apr 2, 2012 3:56 PM Motion
Motion - Opposed - Extension of Time - Brief (Appellant) copy to Court Apr 2, 2012 3:45 PM Motion
Order - Appellants GRANT of Extension of Time until 4/6/2012 to file opening brief. Each must sign all court documents for themselves; as non-attorneys, neither of them may represent the other Feb 15, 2012 12:50 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant - 30 days). sent to Court Feb 8, 2012 10:31 AM Motion
Motion - Unopposed - Extension of Time - Brief (Appellant - 15 days). sent to Court Feb 6, 2012 3:54 PM Motion
Order - the previous order of 12/28/11 is RESCINDED. Clark shall have 30 days to file his opening brief, complying with the rules Jan 6, 2012 11:24 AM Order - Other
Notice - Outgoing - Transcript Filed Jan 5, 2012 12:04 PM Transcript
Record - Transcript dated 7/7/2011 Filed Jan 5, 2012 12:02 PM Record
Motion - Opposed - Extension of Time - Brief (titled "petition for out-of-time appeal) Jan 4, 2012 1:26 PM Motion
Notice - Outgoing - Postage Reimbursement Due Jan 3, 2012 11:32 AM Notice - Outgoing
Order - Deficiencies-Brief. Returned for revisions pursuant to Rules 11(2), 11(4)(e), 11(6)(b), 12(1)(a) and 13(2) Dec 28, 2011 2:35 PM Order - Deficiency
Fees - Postage Reimbursement Received Dec 27, 2011 3:22 PM Fees
Notice - Outgoing - Postage Reimbursement Due Dec 21, 2011 11:45 AM Notice - Outgoing
Order - Deficiencies-Brief pursuant to to the Montana Rules of Appellate Procedure (Title 25, Chapter 21) Dec 20, 2011 12:00 PM Order - Deficiency
Mediation - Mediator's Report - Case Not Settled Dec 20, 2011 10:55 AM Mediation
Notice - Outgoing - District Court Record Filed Nov 2, 2011 3:25 PM Record
Record - DC Record Filed - 5 file folders Nov 2, 2011 3:16 PM Record
Mediation - Order Appointing Mediator (Susan J. Rebeck) Oct 3, 2011 11:34 AM Mediation
Fees - Appearance Fee Received (Edythe Rice) Sep 16, 2011 1:51 PM Fees
Notice - Incoming - Notice of Appeal Filed (Edythe Rice) Sep 16, 2011 10:57 AM Notice - Incoming
Notice - Incoming - Amended Notice of Appeal Filed (Clark Rice) Sep 15, 2011 1:47 PM Notice - Incoming
Notice - Outgoing - Notice Requiring Filing of Amended Notice of Appeal (case is not from a Rule 54(b) Civ.P., certified order) Sep 13, 2011 3:32 PM Notice - Outgoing
Notice - Outgoing - Appeal Notice Sep 13, 2011 2:57 PM Notice - Outgoing
Mediation - Case Subject to Mediation Sep 12, 2011 11:45 AM Mediation
Fees - Appearance Fee Received (Clark Rice) Sep 12, 2011 11:42 AM Fees
Notice - Incoming - Notice of Appeal Filed (Clark Rice) Sep 12, 2011 11:41 AM Notice - Incoming