DeTienne v. Sandrock

DA 16-0649 ·Direct Appeal ·Civil ·Closed
Docket DA 16-0649
Type Direct Appeal — Real Property
Classification Civil
Outcome Reversed
Lower court case CDV 09-1105
Lower court judge Hon. Kathy Seeley

Key dates

Closed Sep 6, 2017
Classified May 24, 2017
Appeal filed Oct 31, 2016
Record filed Dec 28, 2016
Briefing ended Apr 24, 2017
Opinion issued Jul 25, 2017
Briefing started Jan 9, 2017
Rehearing denied Sep 6, 2017
Transcript filed Jan 9, 2017
Sent to the court Apr 24, 2017
Rehearing requested Aug 8, 2017
Submitted for decision Apr 24, 2017
Appellant Reply Brief Filed Apr 24, 2017
Appellant Opening Brief Filed Feb 8, 2017
Appellee Response Brief Filed Apr 10, 2017

Calculated

from the docket dates
Appeal filed to briefing start 70
Briefing days 105
Briefing start to opening brief filed 30
Classified to Opinion 62
Close of briefing to sent to court 0
Filing date to Opinion 267
Filing date to closed 310
Opening to response 61
Opinion to closed 42
Response to reply 13
Sent to court to classified 29
Submitted for decision to Opinion 92

Tags

Case stayed Closed Emergency Mentioned Five Justice Panel Published opinion Rehearing denied Rehearing requested Reversed Subject to Mediation

Parties

Appellant
Bryan Sandrock
Represented by Perry J. Schneider
Appellee
Kevin DeTienne
Represented by Stefan T. Wall
Appellee
The Money Train, LLC
Represented by Stefan T. Wall
Appellant
Draes, Inc.
Represented by Keif Alexander Storrar
Appellant
GG&ME, LLC
Represented by Keif Alexander Storrar
Appellee
The Train Station, LLC
Represented by Stefan T. Wall

Opinion

DeTienne v. Sandrock, 2017 MT 181

Reversed on July 25, 2017, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Sep 28, 2017 11:41 AM Record
Record - DC Record Returned to District Court Sep 6, 2017 1:34 PM Record
Event - Case Closed Sep 6, 2017 12:37 PM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Sep 6, 2017 12:33 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Sep 6, 2017 12:20 PM Closing Notice
Order - Deny-Petition for Rehearing Sep 6, 2017 12:13 PM Order - Petition for Rehearing Denied
Event - Sent to Court-Pleading Aug 23, 2017 3:43 PM Event
Response/Objection - Rehearing Aug 23, 2017 3:01 PM Response
Petition - Rehearing - held for response Aug 8, 2017 3:57 PM Petition
Opinion - Published - Justice Wheat - Affirmed in Part and Remanded in Part Jul 25, 2017 4:06 PM Opinion
Order - Classified - Five Justice Panel May 24, 2017 10:19 AM Classifying Notice
Order - the motion to strike Exhibit D to Appellant's opening brief is TAKEN UNDER ADVISEMENT Apr 25, 2017 4:41 PM Order - Other
Event - Case Sent to Court Apr 24, 2017 2:49 PM Classifying Notice
Brief - Appellant Reply Apr 24, 2017 2:48 PM Appellant Reply Brief
Event - Sent to Court-Pleading (Motion to Strike; Objection) Apr 17, 2017 3:13 PM Event
Response/Objection - Response to Motion to Strike Apr 17, 2017 2:57 PM Response
Notice - Outgoing - Brief Filed Apr 11, 2017 1:30 PM Notice - Outgoing
Brief - Appellee's Response Apr 10, 2017 3:53 PM Appellee Response Brief
Motion - Opposed - Strike. held for response Apr 10, 2017 3:08 PM Motion
Extension - Grant of Extension - Appellees are given until 4/10/17 to file their response brief Mar 3, 2017 3:40 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days - Appellee's Response) Mar 3, 2017 1:44 PM Motion
Brief - Appellant's Opening Feb 8, 2017 2:29 PM Appellant Opening Brief
Order clarifying possession of property - it shall remain in possession of DeTienne Jan 24, 2017 4:34 PM Order - Other
Event - Sent to Court-Pleading Jan 13, 2017 2:49 PM Event
Response/Objection - Response to Motion to Second Emergency Motion. (sent to Court) Jan 13, 2017 2:25 PM Response
Order - the 2nd motion for stay is REMANDED for hearing; judgment previously entered is STAYED pending the remand proceedings; this appeal shall otherwise continue pursuant to the rules, except mediation is to be completed within 75 days of 12/12/16 Jan 12, 2017 11:46 AM Order - Other
Event - Sent to Court-Second EMERGENCY Motion to stay judgment and final decree pending appeal with Affidavits in support Jan 10, 2017 9:14 AM Event
Motion - Opposed - Second EMERGENCY Motion to stay judgment and final decree pending appeal with Affidavits in support Jan 10, 2017 9:12 AM Motion
Notice - Outgoing - Transcript Filed Jan 9, 2017 11:35 AM Transcript
Record - Transcript Filed - 1 original condensed transcript w/DVD of 11/30/15 and 4/13/16 hearings Jan 9, 2017 11:33 AM Record
Order - the motion for approval of alternate security and for a stay of judgment pending appeal is DENIED. The stay of judgment previously entered herein is VACATED. FURTHER the stay of appeal entered by this Court in its November 29, 2016, order is VACATED Jan 3, 2017 4:44 PM Order - Other
Notice - Incoming - of Law Firm Name Change for Appellees Dec 30, 2016 9:40 AM Notice - Incoming
Notice - Outgoing - District Court Record Filed Dec 28, 2016 10:29 AM Record
Event - Sent to Court-Pleading (Response to Motions) Dec 27, 2016 4:25 PM Event
Response/Objection - Appellee's Combined Response Brief in Opposition to Appellants' Request to Stay Judgment, Appellants' Renewed Request for Stay and Appellants' Emergency Notice to the Court Dec 27, 2016 4:11 PM Response
DC Record/Exhibits Filed for Cause No. CDV-2009-1105 consisting of 4 manila file folders; 3 envelopes & 3 3-ring binders of Exhibits AND Cause No. BDV 2010-262 consisting of 1 manila file folder Dec 27, 2016 10:11 AM Other
Notice - Incoming - Appearance of Perry Schneider as associated counsel for the Appellee Dec 22, 2016 12:18 PM Notice - Incoming
Event - Sent to Court-Pleading (Clarification of Order dated 12/13/16) Dec 15, 2016 9:45 AM Event
Motion - Clarification of Order dated 12/13/16 (copies to court) Dec 14, 2016 9:12 AM Motion
Event - Sent to Court-Pleading - (Defendant/Appellants' Emergency Notice to Court: Final Judgment has been Entered by the District Court) Dec 13, 2016 10:21 AM Event
Order - Appellees are granted 15 days to respond to renewed motion for stay; judgment is STAYED pending ruling on the motion; for all other purposes the stay of 11/29/16 shall remain in effect Dec 13, 2016 9:09 AM Order - Other
Defendant/Appellants' Emergency Notice to Court: Final Judgment has been Entered by the District Court - copies to Court Dec 12, 2016 10:15 AM Other
Event - Sent to Court-Appellant's RENEWED request to stay judgment and final decree pending appeal and accompanying brief with Affidavit of Bryan Sandrock Dec 8, 2016 12:00 PM Classifying Notice
Motion - Appellant's RENEWED request to stay judgment and final decree pending appeal and accompanying brief with Affidavit of Bryan Sandrock Dec 8, 2016 11:46 AM Motion
Order - STAY Proceeding pending final judgment by the District Court; Appellate mediation is stayed and will be completed w/in 75 days after final judgment; and motion to stay District Court's Judgment is DENIED WITHOUT PREJUDICE Nov 29, 2016 10:43 AM Order - Other
Mediation - Order Appointing Mediator David C. Dalthorp for Diana Koch who has declined appointment Nov 28, 2016 9:39 AM Mediation
Mediation - Letter from mediator Diana Koch declining appointment Nov 28, 2016 9:22 AM Mediation
Event - Sent to Court-Pleading Nov 23, 2016 1:40 PM Event
Defendant/Appellants' Request to Stay Judgment and Final Decree Pending Appeal (Emergency) - copies to Court Nov 23, 2016 1:37 PM Other
Mediation - Order Appointing Mediator DIANE L. KOCH Nov 21, 2016 9:57 AM Mediation
Notice - Outgoing - Appeal Notice Oct 31, 2016 4:04 PM Notice - Outgoing
Mediation - Case Subject to Mediation Oct 31, 2016 4:03 PM Mediation
Fees - Appearance Fee Received Oct 31, 2016 4:03 PM Fees
Notice - Incoming - Notice of Appeal Filed Oct 31, 2016 4:02 PM Notice - Incoming