Atkinson v. Livingston

DA 25-0285 ·Direct Appeal ·Civil ·Closed
Docket DA 25-0285
Type Direct Appeal — Negligence
Classification Civil
Outcome Affirmed
Lower court case DV 2024-0071
Lower court judge Hon. Brenda R. Gilbert

Key dates

Closed Mar 10, 2026
Classified Jan 7, 2026
Appeal filed Apr 17, 2025
Record filed May 28, 2025
Briefing ended Oct 22, 2025
Opinion issued Feb 10, 2026
Briefing started Jun 4, 2025
Rehearing denied Mar 10, 2026
Transcript filed Jun 4, 2025
Sent to the court Oct 22, 2025
Rehearing requested Feb 24, 2026
Submitted for decision Oct 22, 2025
Appellant Reply Brief Filed Oct 22, 2025
Appellant Opening Brief Filed Aug 9, 2025
Appellee Response Brief Filed Oct 8, 2025

Calculated

from the docket dates
Appeal filed to briefing start 48
Briefing days 140
Briefing start to opening brief filed 65
Classified to Opinion 34
Close of briefing to sent to court 0
Filing date to Opinion 299
Filing date to closed 327
Opening to response 60
Opinion to closed 28
Response to reply 13
Sent to court to classified 76
Submitted for decision to Opinion 111

Tags

Affirmed Closed Five Justice Panel Published opinion Rehearing denied Rehearing requested Subject to Mediation

Parties

Appellee
City of Livingston, Montana
Represented by Ryan Christopher Addis
Appellant
Christopher B. Atkinson
Represented by Brian James Miller
Appellant
Jennifer E. Atkinson
Represented by Brian James Miller

Opinion

Atkinson v. Livingston, 2026 MT 21

Affirmed on February 10, 2026, in a 5 to 0 published opinion.

Events

most recent first
Event - Case Closed - Electronic Record Mar 10, 2026 4:21 PM Closing Notice
Notice - Outgoing - Remittitur Issued Mar 10, 2026 4:20 PM Closing Notice
Order - IT IS THEREFORE ORDERED that the petition for rehearing is DENIED. Remittitur shall issue forthwith Mar 10, 2026 4:19 PM Order - Petition for Rehearing Other
Event - Sent to Court-Pleading Mar 3, 2026 4:14 PM Event
Appellee's Objection to Petition for Rehearing Mar 3, 2026 3:49 PM Other
Petition - Rehearing - Held for response Feb 24, 2026 2:10 PM Petition
Opinion - Published - Justice Bidegaray - AFFIRMED Feb 10, 2026 3:58 PM Opinion
Notice - Incoming - Attorney Substitution - City of Livingston has changed firms from Hall & Evans to Taylor Nicastro Browne LLC Feb 2, 2026 2:14 PM Notice - Incoming
Order - Classified - Five Justice Panel Jan 7, 2026 11:52 AM Classifying Notice
Event - Case Sent to Court Oct 22, 2025 2:04 PM Classifying Notice
Notice - Outgoing - Brief Filed Oct 22, 2025 2:03 PM Notice - Outgoing
Brief - Appellant Reply Oct 22, 2025 12:05 PM Appellant Reply Brief
Notice - Outgoing - Brief Filed Oct 8, 2025 2:45 PM Notice - Outgoing
Brief - Appellee's Response Oct 8, 2025 1:02 PM Appellee Response Brief
Extension - Defendant's/Appellee's response brief shall be submitted to the Court on or before October 8, 2025 Aug 25, 2025 4:29 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellee's Response Brief Aug 25, 2025 9:16 AM Motion
Notice - Outgoing - Brief Filed Aug 11, 2025 12:03 PM Notice - Outgoing
Brief - Appellant's Opening Aug 8, 2025 7:05 PM Appellant Opening Brief
Order - Grant - The opening brief in this matter is now due August 8th, 2025 Jul 31, 2025 3:29 PM Order - Other
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Opening Jul 31, 2025 12:53 PM Motion
Mediation - Mediator's Report - Case Not Settled Jul 25, 2025 10:21 AM Mediation
Grant - The Appellant's opening brief in this matter is now due August 4, 2025 Jun 26, 2025 11:37 AM Other
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) Jun 26, 2025 11:08 AM Motion
Notice - Outgoing - Transcript Filed Jun 4, 2025 8:10 AM Transcript
Record - Electronic Transcript Filed for Cause No. DV-24-71 of 02/11/2025 hearing Jun 3, 2025 9:05 PM Record
Notice - Outgoing - District Court Record Filed May 28, 2025 3:07 PM Record
Record - Electronic DC Record Filed for Cause No. DV-24-71 consisting of documents 1-40 and the case register report May 28, 2025 3:01 PM Record
Order - Substitution of Mediator - Michael J. Lilly May 27, 2025 8:00 AM Order - Other
Motion - Substitute Mediator Michael J. Lilly for Dana Charles Christian May 23, 2025 4:09 PM Motion
Mediation - Order Appointing Mediator - Dana Charles Christian May 14, 2025 1:34 PM Mediation
Notice of Transcripts Deemed Necessary Apr 25, 2025 10:18 AM Notice
Mediation - Case Subject to Mediation Apr 17, 2025 8:28 AM Mediation
Notice - Outgoing - Appeal Notice Apr 17, 2025 8:26 AM Notice - Outgoing
Notice of Appeal Filed Apr 17, 2025 8:00 AM Notice
Fees - Filing Fee Paid (E-Filing) Apr 17, 2025 8:00 AM Fees