O'Brien v. MT Dept. of Revenue

DA 25-0673 ·Direct Appeal ·Civil ·Closed
Docket DA 25-0673
Type Direct Appeal — Judicial Review
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case DV-25-430
Lower court judge Hon. Paul Sullivan

Key dates

Closed Jul 9, 2026
Classified May 6, 2026
Appeal filed Sep 23, 2025
Record filed Oct 14, 2025
Briefing ended Jan 26, 2026
Opinion issued Jun 23, 2026
Briefing started Oct 14, 2025
Sent to the court Jan 26, 2026
Submitted for decision Jan 26, 2026
Appellant Reply Brief Filed Jan 26, 2026
Appellant Opening Brief Filed Nov 3, 2025
Appellee Response Brief Filed Jan 2, 2026

Calculated

from the docket dates
Appeal filed to briefing start 21
Briefing days 104
Briefing start to opening brief filed 20
Classified to Opinion 48
Close of briefing to sent to court 0
Filing date to Opinion 273
Filing date to closed 289
Opening to response 59
Opinion to closed 15
Response to reply 24
Sent to court to classified 99
Submitted for decision to Opinion 148

Tags

Affirmed in part, reversed in part Closed Five Justice Panel Published opinion

Parties

Appellee
Montana Department of Revenue
Represented by Nicholas James Gochis
Appellant
Kenneth E. O'Brien
Represented by Therese Fox Hash
Appellant
C. Mark Hash and Therese Fox Hash Revocable Family Trust
Represented by Therese Fox Hash
Appellant
Maxine O'Brien
Represented by Therese Fox Hash

Opinion

O'Brien v. MT Dept. of Revenue, 2026 MT 132

Affirmed in part, reversed in part on June 23, 2026, in a 5 to 0 with 1 concurring published opinion.

Events

most recent first
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Jul 10, 2026 11:12 AM Notice - Outgoing
Event - Case Closed (electronic record) Jul 9, 2026 11:23 AM Closing Notice
Record - DC Record Returned to District Court (admin record) Jul 9, 2026 11:22 AM Record
Notice - Outgoing - Opinion Release Notice Issued Jul 9, 2026 11:20 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jul 9, 2026 11:07 AM Closing Notice
Opinion - Published - Justice Bidegaray - Affirmed in Part, Reversed in Part and Remanded Jun 23, 2026 3:00 PM Opinion
Order - Classified - Five Justice Panel May 6, 2026 10:15 AM Classifying Notice
Notice - Incoming - Errata - Appellant's Reply Brief Jan 29, 2026 4:08 PM Notice - Incoming
Event - Case Sent to Court Jan 26, 2026 2:05 PM Classifying Notice
Notice - Outgoing - Brief Filed Jan 26, 2026 2:05 PM Notice - Outgoing
Brief - Appellant Reply Jan 26, 2026 11:30 AM Appellant Reply Brief
Order - Appellants are granted an extension of time until January 27, 2026, to prepare, file, and serve their reply brief. No further extensions will be granted Jan 12, 2026 2:30 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief Jan 12, 2026 12:47 PM Motion
Notice - Outgoing - Brief Filed Jan 2, 2026 2:38 PM Notice - Outgoing
Brief - Appellee's Response Jan 2, 2026 10:58 AM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted an extension of time until January 2, 2026, to prepare, file, and serve its response brief Nov 24, 2025 9:59 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellee's Response Brief Nov 24, 2025 8:29 AM Motion
Notice - Incoming - Attorney Withdrawal of Danielle H. Pease Nov 19, 2025 12:29 PM Notice - Incoming
Notice - Outgoing - Brief Filed Nov 3, 2025 2:08 PM Notice - Outgoing
Brief - Appellant's Opening Nov 3, 2025 1:02 PM Appellant Opening Brief
Notice - Outgoing - Additional District Court Documents Oct 14, 2025 11:26 AM Notice - Outgoing
Record - Administrative Record Filed for Cause No. DV-25-430 consisting of one (1) box with: three (3) manila file folders, one (1) 3 ring binder, one (1) expanding file and loose exhibits Oct 14, 2025 11:22 AM Record
Notice - Outgoing - District Court Record Filed Oct 8, 2025 10:36 AM Record
Record - Electronic DC Record Filed for Cause DV 25-430 consisting of 1-19, and Case Register Oct 8, 2025 10:30 AM Record
Notice - Outgoing - Appeal Notice Sep 23, 2025 4:45 PM Notice - Outgoing
Notice of Appeal Filed Sep 23, 2025 3:16 PM Notice
Fees - Filing Fee Paid (E-Filing) Sep 23, 2025 3:16 PM Fees