Lewistown Miller Construction v. Martin

DA 11-0151 ·Direct Appeal ·Civil ·Closed
Docket DA 11-0151
Type Direct Appeal — Debt
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case DV 09-85
Lower court judge Hon. E. Wayne Phillips

Key dates

Closed Jan 19, 2012
Classified Oct 13, 2011
Appeal filed Mar 23, 2011
Record filed Apr 13, 2011
Briefing ended Aug 17, 2011
Opinion issued Dec 30, 2011
Briefing started Apr 13, 2011
Sent to the court Sep 2, 2011
Cross Appeal Filed Apr 21, 2011
Submitted for decision Sep 2, 2011
Appellant Reply Brief Filed Aug 17, 2011
Appellant Opening Brief Filed Jun 13, 2011
Appellee Response Brief Filed Aug 4, 2011

Calculated

from the docket dates
Appeal filed to briefing start 21
Briefing days 125
Briefing start to opening brief filed 60
Classified to Opinion 78
Close of briefing to sent to court 16
Filing date to Opinion 282
Filing date to closed 302
Opening to response 51
Opinion to closed 19
Response to reply 12
Sent to court to classified 41
Submitted for decision to Opinion 119

Tags

Affirmed in part, reversed in part Closed Cross Appeal Filed Five Justice Panel Opinion synopsis issued Published opinion Subject to Mediation

Parties

Appellant
Gary Martin
Represented by Todd A. Stubbs
Appellee
Lewistown Miller Construction
Represented by Torger Oaas
Appellee
Richard Miller
Represented by Torger Oaas

Opinion

Lewistown Miller Construction v. Martin, 2011 MT 325

Affirmed in part, reversed in part on December 30, 2011, in a 5 to 0 published opinion.

Events

most recent first
Fees - Postage Reimbursement Received Jan 27, 2012 9:46 AM Fees
Notice - Outgoing - Postage Reimbursement Due Jan 26, 2012 10:50 AM Notice - Outgoing
Record - DC Record Return Card Filed Jan 25, 2012 11:24 AM Record
Record - DC Record Return Card Filed Jan 25, 2012 11:24 AM Record
Event - Case Closed Jan 19, 2012 12:02 PM Closing Notice
Record - DC Record Returned to District Court Jan 19, 2012 12:02 PM Record
Notice - Outgoing - Remittitur Issued Jan 19, 2012 12:01 PM Closing Notice
Opinion - Synopsis of Opinion Dec 30, 2011 2:43 PM Synopsis
Opinion - Published, Rice, affirmed in part, reversed in part, and remanded for further proceedings Dec 30, 2011 2:42 PM Opinion
Notice - Incoming - Change of Address (Stubbs) Dec 15, 2011 10:47 AM Notice - Incoming
Order - Classified - Five Justice Panel Oct 13, 2011 1:58 PM Classifying Notice
Event - Case Sent to Court Sep 2, 2011 9:13 AM Classifying Notice
Brief - Appellant Reply and Answer to Cross Appeal Aug 17, 2011 8:55 AM Appellant Reply Brief
Brief - Appellee and Cross-Appellant Aug 4, 2011 9:24 AM Appellee Response Brief
Extension - Grant of Extension - Cross-Appellant is given until 8/12/11 to file its brief Jul 12, 2011 4:03 PM Extension
Motion - Unopposed - Extension of Time - Brief (Cross-Appellant) Jul 12, 2011 2:06 PM Motion
Mediation - Mediator's Report - Case Not Settled Jun 24, 2011 11:36 AM Mediation
Brief - Appellant Jun 13, 2011 9:43 AM Appellant Opening Brief
Mediation - Order Appointing Mediator (Robert Kolesar) May 12, 2011 9:54 AM Mediation
Extension - Grant of Extension until June 13, 2011, to file Appellant's brief May 4, 2011 3:32 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) May 4, 2011 2:41 PM Motion
Notice - Outgoing - Cross Appeal Notice Apr 25, 2011 2:39 PM Notice - Outgoing
Fees - Appearance Fee Received Apr 21, 2011 2:40 PM Fees
Notice - Incoming - Notice of Cross Appeal (Lewistown Miller Construction Co.) Apr 21, 2011 2:38 PM Notice - Incoming
Notice - Outgoing - District Court Record Filed Apr 13, 2011 4:15 PM Record
Record - DC Record/Exhibits/Transcript Filed (4 file folders, 1 expanding folder of confidential exhbits and 1 deposition; 3 original condensed transcripts w/DVD of December 1-3, 2010 trial) Apr 13, 2011 4:10 PM Record
Notice - Incoming - Other - Rule 59(g) motion in District Court pending. The Notice of Appeal will be deemed filed on the date of the District Court's entry of order Apr 4, 2011 12:18 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Mar 24, 2011 10:29 AM Notice - Outgoing
Notice - Incoming - Transcripts Deemed Necessary Mar 23, 2011 10:35 AM Notice - Incoming
Mediation - Case Subject to Mediation Mar 23, 2011 10:28 AM Mediation
Fees - Appearance Fee Received Mar 23, 2011 10:27 AM Fees
Notice - Incoming - Notice of Appeal Filed Mar 23, 2011 10:27 AM Notice - Incoming