Folsom v. Livingston

DA 15-0499 ·Direct Appeal ·Civil ·Closed
Docket DA 15-0499
Type Direct Appeal — Damages
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case DV 13-25
Lower court judge Hon. Brenda R. Gilbert

Key dates

Closed Oct 26, 2016
Classified Jul 20, 2016
Appeal filed Aug 14, 2015
Record filed Nov 9, 2015
Briefing ended Jun 6, 2016
Opinion issued Sep 20, 2016
Briefing started Dec 18, 2015
Rehearing denied Oct 25, 2016
Transcript filed Dec 18, 2015
Sent to the court Jun 8, 2016
Cross Appeal Filed Sep 28, 2015
Rehearing requested Oct 3, 2016
Submitted for decision Jun 8, 2016
Cross Reply Brief Filed Jun 6, 2016
Appellant Reply Brief Filed Mar 14, 2016
Appellant Opening Brief Filed Feb 16, 2016
Appellee Response Brief Filed Mar 14, 2016

Calculated

from the docket dates
Appeal filed to briefing start 126
Briefing days 171
Briefing start to opening brief filed 59
Classified to Opinion 62
Close of briefing to sent to court 1
Filing date to Opinion 403
Filing date to closed 439
Opening to response 27
Opinion to closed 35
Reply to cross reply 84
Response to reply 0
Sent to court to classified 41
Submitted for decision to Opinion 104

Tags

Affirmed in part, reversed in part Closed Cross Appeal Filed Five Justice Panel Published opinion Rehearing denied Rehearing requested Subject to Mediation

Parties

Appellee
Livingston, City of
Represented by Michael J. Lilly
Appellant
Alana L. Folsom
Represented by Terry F. Schaplow
Appellant
David W. Folsom
Represented by Terry F. Schaplow
Appellee
Eagle's Rest, LLC
Represented by Susan Brooks Swimley

Opinion

Folsom v. Livingston, 2016 MT 238

Affirmed in part, reversed in part on September 20, 2016, in a 5 to 0 with 1 concurring published opinion.

Events

most recent first
Fees - Postage Reimbursement Received Feb 16, 2017 10:22 AM Fees
Record - DC Record Return Card Filed Oct 31, 2016 10:51 AM Record
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Oct 28, 2016 9:38 AM Notice - Outgoing
Record - DC Record Returned to District Court Oct 26, 2016 10:30 AM Record
Event - Case Closed Oct 26, 2016 10:14 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Oct 26, 2016 10:14 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Oct 26, 2016 10:13 AM Closing Notice
Order - Deny-Petition for Rehearing Oct 25, 2016 10:07 AM Order - Petition for Rehearing Denied
Event - Sent to Court-Pleading (petition for rehearing; objection) Oct 14, 2016 11:32 AM Event
Response/Objection - Rehearing (City of Livingston) Oct 14, 2016 11:31 AM Response
Petition - Rehearing. held for objection Oct 3, 2016 11:53 AM Petition
Opinion - Published (Justice Rice; Affirmed in part, reversed in part, and remanded) Sep 20, 2016 4:24 PM Opinion
Notice - Incoming - Supplemental Authority to Appellee and Cross-Appellant's Brief - copies to Court Aug 1, 2016 4:43 PM Notice - Incoming
Order - Classified - Five Justice Panel Jul 20, 2016 11:32 AM Classifying Notice
Event - Case Sent to Court Jun 8, 2016 12:52 PM Classifying Notice
Brief - Cross Appellant Reply (City of Livingston) Jun 6, 2016 2:37 PM Cross Reply Brief
Brief - Appellant Reply and Answer to Cross Appeal May 24, 2016 9:39 AM Cross Reply Brief
Notice - Incoming - - counsel out of state (Schaplow) Apr 25, 2016 9:52 AM Notice - Incoming
Extension - Grant of Extension until 05/24/2016 to file Appellants' Reply and Answer to Cross-Appeal Apr 6, 2016 1:36 PM Extension
Order - Appellant's Motion to File Over-length Reply Brief is DENIED Apr 6, 2016 1:29 PM Order - Other
Motion - Extension of Time - Appellants' Reply Brief Apr 5, 2016 9:46 AM Motion
Appellants' Motion to File Over-length Reply Brief. (copy to Court w/ SC file) Apr 5, 2016 9:43 AM Other
Brief - Appellee and Cross-Appellant City of Livingston Mar 14, 2016 2:17 PM Appellant Reply Brief
Brief - Appellee Eagle's Rest Response Mar 14, 2016 8:33 AM Appellee Response Brief
Brief - Appellant's Opening Feb 16, 2016 8:32 AM Appellant Opening Brief
Extension - Grant of Extension of time until 2/17/15 to file the opening brief Jan 14, 2016 9:15 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief Jan 13, 2016 9:08 AM Motion
Notice - Outgoing - Transcript Filed Dec 18, 2015 11:37 AM Transcript
Condensed Transcript w/DVD of February 24, 2014; March 13, 2015; and March 23-27, 2015 hearings were Filed Dec 18, 2015 11:34 AM Other
Mediation - Mediator's Report - Case Not Settled Dec 17, 2015 10:20 AM Mediation
Notice - Outgoing - District Court Record Filed Nov 9, 2015 2:12 PM Record
Record - DC Record/Transcript Filed in Cause No. DV 13-25 consisting of 15 manila file folders and condensed Transcript w/DVD of February 24, 2014 and June 22, 2015 hearings Nov 9, 2015 1:46 PM Record
Mediation - Selection of Mediator Dana Christian to handle both the Appeal and the Cross-Appeal in this Cause No Oct 16, 2015 11:43 AM Mediation
Correspondence - Appellant Counsel out of state and unavailable 10/8/15-10/19/15 (placed in file) Oct 14, 2015 12:51 PM Correspondence
Motion - District Court - Defendant Eagle Rest, LLC's Third Motion and Brief in Support of Full Transcripts (placed in file) Oct 8, 2015 11:36 AM Motion
District Court - Defendant Eagle's Rest, LLC Motion to Strike Plaintiffs' Motion Sep 30, 2015 11:36 AM Other
District Court Motion - Appellant Motion to respond to ELC's reply brief alleging extraneous documents (placed in file) Sep 28, 2015 12:21 PM Other
Notice - Outgoing - Cross Appeal Notice Sep 28, 2015 11:22 AM Notice - Outgoing
Fees - Appearance Fee Received Sep 28, 2015 11:18 AM Fees
Copy of Notice - Incoming - Transcripts Deemed Necessary Sep 28, 2015 11:14 AM Other
Notice - Incoming - Notice of Cross Appeal (City of Livingston) Sep 28, 2015 11:12 AM Notice - Incoming
Copy of Defendant Eagle's Rest, LLC's Reply Brief in Support of Motion for Full Transcript (Exhibits not scanned) Sep 23, 2015 4:41 PM Other
Rulings - Other Courts - Order-Granting Extension of Time to Transmit Record - 90 days - until January 21, 2016 Sep 23, 2015 11:57 AM Ruling
Copy of Plaintiffs' Answer Brief Opposing ELC's Two Motions for Full Transcript (Exhibits not scanned) Sep 17, 2015 4:30 PM Other
Mediation - Third Order Appointing Mediator - Dana C. Christian Sep 14, 2015 12:54 PM Mediation
Mediation - Letter from mediator declining appointment - Robert L. Jovick Sep 14, 2015 12:53 PM Mediation
Second Order Appointing Mediator - Robert L. Jovick Sep 10, 2015 2:12 PM Other
Mediation - Letter from mediator declining appointment - William Nels Swandal Sep 10, 2015 1:51 PM Mediation
Mediation - Order Appointing Mediator - William Nels Swandal Sep 10, 2015 8:56 AM Mediation
Copy of Defendant's Objection to Plaintiff's Amended Notice of Partial Transcripts Deemed Necessary Sep 4, 2015 3:08 PM Other
Copy of Defendant's Objection to Plaintiff's Notice of Partial Transcripts Deemed Necessary Aug 31, 2015 3:05 PM Other
Copy of Notice of Transcripts Deemed Necessary Aug 28, 2015 3:01 PM Other
Notice - Outgoing - Appeal Notice Aug 14, 2015 2:13 PM Notice - Outgoing
Mediation - Case Subject to Mediation Aug 14, 2015 2:13 PM Mediation
Fees - Appearance Fee Received Aug 14, 2015 2:12 PM Fees
Notice - Incoming - Notice of Appeal Filed Aug 14, 2015 2:12 PM Notice - Incoming