McCaul v. Wells Fargo Bank

DA 25-0838 ·Direct Appeal ·Civil ·Closed
Docket DA 25-0838
Type Direct Appeal — Breach of Contract
Classification Civil
Outcome Affirmed
Lower court case DV-23-280
Lower court judge Hon. Robert J. Whelan

Key dates

Closed Jul 16, 2026
Classified May 27, 2026
Appeal filed Dec 2, 2025
Record filed Jan 8, 2026
Briefing ended Mar 9, 2026
Opinion issued Jun 30, 2026
Briefing started Jan 8, 2026
Sent to the court Mar 10, 2026
Submitted for decision Mar 10, 2026
Appellant Reply Brief Filed Mar 9, 2026
Appellant Opening Brief Filed Dec 22, 2025
Appellee Response Brief Filed Feb 21, 2026

Calculated

from the docket dates
Appeal filed to briefing start 37
Briefing days 59
Briefing start to opening brief filed 17
Classified to Opinion 34
Close of briefing to sent to court 1
Filing date to Opinion 210
Filing date to closed 226
Opening to response 60
Opinion to closed 15
Response to reply 16
Sent to court to classified 78
Submitted for decision to Opinion 112

Tags

Affirmed Closed Emergency Mentioned Final Order Issued Five Justice Panel Non-cite opinion Request to File Appeal in form Pauperis Subject to Mediation

Parties

Appellee
Wells Fargo Bank, N.A.
Represented by W. Scott Mitchell
Appellant
Daniel P. McCaul
Represented by Pro Se
Appellee
Jenica Held
Represented by W. Scott Mitchell
Appellee
Joy Ott
Represented by W. Scott Mitchell
Appellee
Michael Conlon
Represented by W. Scott Mitchell
Appellee
Rhonda M. Cebulski
Represented by W. Scott Mitchell
Appellee
Wells Fargo & Company
Represented by W. Scott Mitchell

Opinion

McCaul v. Wells Fargo Bank, 2026 MT 137N

Affirmed on June 30, 2026, in a 5 to 0 non-cite opinion.

Events

most recent first
Event - Case Closed (electronic record) Jul 16, 2026 11:46 AM Closing Notice
Notice - Outgoing - Remittitur Issued Jul 16, 2026 11:43 AM Closing Notice
Opinion - Noncite/Memorandum - Justice Gustafson - AFFIRMED Jun 30, 2026 3:15 PM Opinion
Motion - Opposed - Emergency Motion to Clarify Procedural Posture and Preserve Appellant's Rights - Held for response Jun 25, 2026 5:00 PM Motion
Order - Classified - Five Justice Panel May 27, 2026 11:33 AM Classifying Notice
Notice - Incoming - Change of Address for Appellant Apr 21, 2026 9:23 AM Notice - Incoming
Order - Other - Wells Fargo's Motion to strike and Disregard Appellant's Unsupported Legal Arguments as well as McCaul's Response and Rebuttal are TAKEN UNDER ADVISEMENT. It will be considered in conjunction with review of the appellate briefing Apr 7, 2026 2:43 PM Order - Other
Event - Sent to Court-Pleading Mar 23, 2026 4:52 PM Event
Response to Motion to Strike and Disregard Appellant's Unsupported Legal Arguments Mar 23, 2026 4:48 PM Response
Motion - Opposed - Motion to Strike and Disregard Appellant's Unsupported Legal Arguments - Held for Response Mar 16, 2026 3:04 PM Motion
Event - Case Sent to Court Mar 10, 2026 10:43 AM Classifying Notice
Notice - Outgoing - Brief Filed Mar 10, 2026 10:42 AM Notice - Outgoing
Order - IT IS HEREBY ORDERED that the application of Jan T. Chilton to appear pro hac vice in the above-entitled cause is DENIED without prejudice. The Petitioner and firm are permitted to re-apply with additional justification to demonstrate good cause, if any exists Mar 9, 2026 2:46 PM Order - Other
Brief - Appellant Reply Mar 9, 2026 10:37 AM Appellant Reply Brief
Order - Deficiencies-Brief - Appellant's Reply Brief is hereby returned to comply with this Order. The Appellant shall within ten (10) days shall file with the Clerk of This Court a revised brief limited to 5,000 words and shall serve copies of the revised brief on all parties of record. No changes, additional, or deletions may be made to the brief Mar 5, 2026 10:03 AM Order - Deficiency
Event - Sent to Court-Pleading Mar 5, 2026 8:49 AM Event
Notice - Outgoing - Brief Filed Feb 24, 2026 10:12 AM Notice - Outgoing
Brief - Appellee's Response Feb 20, 2026 5:29 PM Appellee Response Brief
Order - IT IS ORDERED that the referenced brief is rejected. Within ten days the Appellee shall file a revised brief containing the revisions necessary and shall serve copies of the revised brief on all parties of record; No changes, additions, or deletions other than those specified in this Order may be made to the brief as originally filed Feb 20, 2026 3:23 PM Order - Other
Motion - Opposed - Pro Hac Vice - State Bar Certification and Application - Held for response Feb 20, 2026 9:01 AM Motion
Mediation - Mediator's Report - Case Not Settled Jan 15, 2026 3:33 PM Mediation
Extension - Appellees shall have up to and including February 20, 2026 to file their Appellee's Response Brief Jan 13, 2026 4:27 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Response Brief (First Request 30 Days) Jan 13, 2026 10:59 AM Motion
Notice - Outgoing - District Court Record Filed Jan 8, 2026 2:44 PM Record
Record - Electronic DC Record Filed for Cause DV 23-0280 consisting of 1-47, and Case Register Jan 8, 2026 2:34 PM Record
Mediation - Second Order Appointing Mediator - Daniel B. Bidegaray Dec 30, 2025 4:51 PM Mediation
Stipulation to Substitute Mediator Dec 30, 2025 3:55 PM Other
Mediation - Order Appointing Mediator: Lawrence E. Henke Dec 29, 2025 2:32 PM Mediation
Notice - Outgoing - Appellant's Opening Brief Filed Dec 23, 2025 11:17 AM Notice - Outgoing
Brief - Appellant's Opening Dec 22, 2025 11:08 AM Appellant Opening Brief
Order - Grant-Proceed Without Pay Dec 2, 2025 11:40 AM Order - Proceed Without Pay
Notice - Outgoing - Appeal Notice Dec 2, 2025 11:38 AM Notice - Outgoing
Motion - Proceed Without Payment of Filing Fee Dec 2, 2025 11:37 AM Motion
Mediation - Case Subject to Mediation Dec 2, 2025 11:36 AM Mediation
Notice of Appeal Filed Dec 2, 2025 11:30 AM Notice