Morrow v. Bank of America

DA 13-0241 ·Direct Appeal ·Civil ·Closed
Docket DA 13-0241
Type Direct Appeal — Breach of Contract
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case CDV 2011-491
Lower court judge Hon. Kathy Seeley

Key dates

Closed May 28, 2014
Classified Oct 3, 2013
Appeal filed Apr 8, 2013
Record filed Apr 24, 2013
Oral argument Nov 13, 2013
Briefing ended Aug 30, 2013
Opinion issued May 7, 2014
Briefing started Apr 24, 2013
Sent to the court Sep 4, 2013
Submitted for decision Nov 13, 2013
Appellant Reply Brief Filed Aug 30, 2013
Appellant Opening Brief Filed May 28, 2013
Appellee Response Brief Filed Jul 29, 2013

Calculated

from the docket dates
Appeal filed to briefing start 16
Briefing days 127
Briefing start to opening brief filed 34
Classified to Opinion 216
Close of briefing to sent to court 5
Filing date to Opinion 394
Filing date to closed 415
Opening to response 62
Opinion to closed 20
Oral argument to Opinion 174
Response to reply 31
Sent to court to classified 28
Sent to court to oral argument 70
Submitted for decision to Opinion 245

Tags

Affirmed in part, reversed in part Amicus requested Closed Opinion synopsis issued Oral Argument Published opinion Subject to Mediation

Parties

Appellee
Bank of America, N.A. (USA)
Represented by Kenneth K. Lay
Appellant
Abraham B. Morrow
Represented by John C. Heenan
Appellant
Betty Jean Morrow
Represented by John C. Heenan

Opinion

Morrow v. Bank of America, 2014 MT 117

Affirmed in part, reversed in part on May 7, 2014, in a 5 to 2 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jun 16, 2014 2:40 PM Record
Record - DC Record Returned to District Court May 28, 2014 9:06 AM Record
Event - Case Closed May 28, 2014 9:05 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued May 28, 2014 9:01 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued May 28, 2014 8:26 AM Closing Notice
Opinion - Synopsis of Opinion May 7, 2014 12:08 PM Synopsis
Opinion - Published - Chief Justice McGrath - Affirmed in part, Reversed in part and Remanded May 7, 2014 11:57 AM Opinion
Event - Oral Argument Presented by David Kim Wilson, Jr. for the appellant and Kenneth K. Lay for the appellee. District Judge Greg Pinski sat for Justice Morris who recused himself and Justice Wheat was not present but will participate. The matter was taken under advisement at 10:45 a.m Nov 13, 2013 4:11 PM Event
Appellant's Notice of Supplemental Authority. copies to Court Nov 7, 2013 1:43 PM Other
Notice - Incoming - Supplemental Authority. Copies to Court Oct 23, 2013 2:37 PM Notice - Incoming
Order - Denying Motion to Reschedule Oral Argument Oct 23, 2013 11:09 AM Order - Other
Event - Sent to Court-Pleading Oct 18, 2013 4:43 PM Event
Amended Certificate of Service for Motion to Continue Oral Argument Oct 18, 2013 4:17 PM Other
Response/Objection - Motion to Continue Oral Argument Oct 17, 2013 9:32 AM Response
Motion - Opposed - Oral Argument - Reschedule Oct 16, 2013 4:54 PM Motion
Order - Recusal of Justice Morris with Hon. Greg Pinski, District Judge Oct 3, 2013 2:39 PM Order - Other
Notice - Outgoing - Oral Argument Scheduled Oct 3, 2013 9:08 AM Notice - Outgoing
Order - Classified - Oral Argument - Wednesday, 11/13/13, 9:30 a.m Oct 3, 2013 9:07 AM Classifying Notice
Event - Case Sent to Court Sep 4, 2013 9:17 AM Classifying Notice
Brief - Appellant Reply Aug 30, 2013 9:15 AM Appellant Reply Brief
Extension - Grant of Extension - Appellants are given until 8/30/13 to file the reply brief Aug 5, 2013 2:43 PM Extension
Motion - Unopposed - Extension of Time - Brief - Appellants' Reply Aug 5, 2013 1:48 PM Motion
Brief - Appellee Jul 29, 2013 4:31 PM Appellee Response Brief
Brief - Amicus (Montana Bankers Association) Jul 26, 2013 2:59 PM Amicus Brief
Order - Deny motion for leave to file over-length brief Jul 24, 2013 4:42 PM Order - Other
Event - Sent to Court-Pleading (Motion to file overlength brief and response) Jul 23, 2013 2:23 PM Event
Response/Objection to Motion to file overlength brief Jul 23, 2013 2:20 PM Response
Motion For Leave to File an Over-Length Brief Not to Exceed 15,000 Words. held for objection Jul 12, 2013 9:34 AM Motion
Order - the motion of Montana Bankers Assocation for leave to file an amicus brief is GRANTED; the brief shall be filed when Appellees' brief is due (7/29/13) Jun 18, 2013 8:49 AM Order - Other
Motion - Amicus - Leave to Participate (Montana Bankers Association) Jun 17, 2013 3:31 PM Motion
Extension - Grant of Extension until 7/29/2013 to file Appellees' Brief Jun 12, 2013 4:06 PM Extension
Motion - Extension of Time - Appellee's Brief Jun 12, 2013 3:45 PM Motion
Order - Deny - Motion for Reconsideration of Court's order allowing MLSA to participate as amicus Jun 5, 2013 9:59 AM Order - Other
Notice - Incoming - Notice of Name Change and Withdrawal of Attorney (Motl) Jun 4, 2013 11:22 AM Notice - Incoming
Brief - Amicus (State of Montana, DOJ) Jun 3, 2013 10:44 AM Amicus Brief
Order - Attorney General's motion to file an amicus brief is GRANTED, the brief shall be filed by 6/4/13 May 30, 2013 11:05 AM Order - Other
Brief - Amicus - National Association of Consumer Advocates May 29, 2013 2:55 PM Amicus Brief
Motion - Opposed - Amicus - Leave to Participate (Montana Attorney General) (sent to court) May 29, 2013 9:47 AM Motion
Brief - Appellant May 28, 2013 2:46 PM Appellant Opening Brief
Brief - Amicus (Mont. Legal Services Assoc) May 24, 2013 4:20 PM Amicus Brief
Extension - Grant of Extension until May 29, 2013, to file the Appellant's opening brief May 24, 2013 2:37 PM Extension
Order - NACA's motion to admit James Sturdevant pro hac vice is GRANTED May 24, 2013 1:43 PM Order - Other
Motion - Extension of Time - Appellant's Brief May 24, 2013 11:53 AM Motion
Motion - Pro Hac Vice - State Bar Certification and Application. copies to Court May 24, 2013 10:16 AM Motion
Motion - Reconsideration of Court's order allowing MLSA to participate as amicus. sent to Court May 22, 2013 4:33 PM Motion
Order - NACA's motion for leave to file an amicus brief is GRANTED; the brief shall be filed 5/24/13, unless date is extended by motion of Appellants May 17, 2013 2:11 PM Order - Other
Motion - Opposed - Amicus - Leave to Participate (National Association of Consumer Advocates) copies to Court May 17, 2013 12:21 PM Motion
Mediation - Mediator's Report - Case Not Settled May 17, 2013 11:16 AM Mediation
Order - Granting leave to participate amicus (MLSA) brief due May 24, 2013 May 13, 2013 2:20 PM Order - Other
Motion - Amicus - Leave to Participate - copies to Court May 10, 2013 9:56 AM Motion
Notice - Outgoing - District Court Record Filed Apr 24, 2013 11:27 AM Record
Record - DC Record/Exhibits/Transcript Filed - 7 manila file folders; 3 manila envelopes & 2 bound depositions, and condensed Transcript w/DVD of March 7, 2013 hearing Apr 24, 2013 11:01 AM Record
Mediation - Selection of Mediator (Stuart L. Kellner) Apr 22, 2013 10:30 AM Mediation
Mediation - Case Subject to Mediation Apr 8, 2013 3:33 PM Mediation
Notice - Outgoing - Appeal Notice Apr 8, 2013 3:32 PM Notice - Outgoing
Fees - Appearance Fee Received Apr 8, 2013 3:32 PM Fees
Notice - Incoming - Notice of Appeal Filed Apr 8, 2013 3:31 PM Notice - Incoming