Overstreet v. Fetterhoff et al

DA 23-0664 ·Direct Appeal ·Civil ·Closed
Docket DA 23-0664
Type Direct Appeal — Negligence
Classification Civil
Outcome Affirmed
Lower court case DV-2021-51
Lower court judge Hon. Brenda R. Gilbert

Key dates

Closed Dec 27, 2024
Classified Sep 11, 2024
Appeal filed Nov 9, 2023
Record filed Nov 28, 2023
Opinion issued Dec 10, 2024
Briefing started Nov 28, 2023
Sent to the court Jul 8, 2024
Submitted for decision Jul 8, 2024
Appellant Opening Brief Filed Mar 28, 2024
Appellee Response Brief Filed Jun 11, 2024

Calculated

from the docket dates
Appeal filed to briefing start 19
Briefing start to opening brief filed 121
Classified to Opinion 90
Filing date to Opinion 397
Filing date to closed 414
Opening to response 74
Opinion to closed 16
Submitted for decision to Opinion 155

Tags

Affirmed Closed Final Order Issued Five Justice Panel Non-cite opinion Subject to Mediation

Parties

Appellee
Park County
Represented by Mitchell A. Young
Appellee
Shannan Marie Piccolo
Represented by Elizabeth Ann Franklin
Appellee
Montana Highway Patrol
Represented by Elizabeth Ann Franklin
Appellee
Bruce Becker
Represented by Elizabeth Ann Franklin
Appellee
Eric Fetterhoff
Represented by Elizabeth Ann Franklin
Appellant
Walter Joey Overstreet
Represented by Jami L. Rebsom

Opinion

Overstreet v. Fetterhoff et al, 2024 MT 293N

Affirmed on December 10, 2024, in a 5 to 0 non-cite opinion.

Events

most recent first
Event - Case Closed - electronic record Dec 27, 2024 8:40 AM Closing Notice
Notice - Outgoing - Remittitur Issued Dec 27, 2024 8:28 AM Closing Notice
Opinion - Noncite/Memorandum - Justice Baker - Affirm Dec 10, 2024 4:31 PM Opinion
Notice - Incoming - Notice of Counsel Name Change - Elizabeth Ann Franklin f/n/a Elizabeth Ann Leman Sep 27, 2024 3:19 PM Notice - Incoming
Order - Classified - Five Justice Panel Sep 11, 2024 11:30 AM Classifying Notice
Event - Case Sent to Court Jul 8, 2024 8:55 AM Classifying Notice
Order - IT IS ORDERED that Suzanne Marshall Malloy shall be allowed to withdraw as co-counsel for Walter Joey Overstreet. IT IS FURTHER ORDERED that all filings shall continue to be served on Jami Rebsom Jun 19, 2024 11:49 AM Order - Other
Motion - Withdrawal of Counsel Attorney Suzanne Marshall Malloy Jun 18, 2024 4:01 PM Motion
Order - Appellant is granted an extension of time to and including July 2, 2024, within which to prepare, file, and serve the reply brief. No further extensions will be granted Jun 18, 2024 4:00 PM Order - Extension
Motion - Unopposed - Appellant's Motion for extension of time Jun 17, 2024 4:26 PM Motion
Notice - Outgoing - Brief Filed Jun 11, 2024 1:30 PM Notice - Outgoing
Brief - Appellee's (Park County) Revised Response Jun 11, 2024 10:03 AM Appellee Response Brief
Order - IT IS FURTHER ORDERED that within ten (10) days of the date of this Order the Appellee (Park County) shall electronically file with the Clerk of this Court a revised brief containing the revisions necessary to comply with the specified Rule and that the Appellee shall serve copies of the revised brief on all parties of record May 29, 2024 3:46 PM Order - Other
Notice - Outgoing - Brief Filed May 29, 2024 11:21 AM Notice - Outgoing
Brief - Appellee's Response (Becker, Fetterhoff, MHP, and Piccolo) May 28, 2024 5:01 PM Appellee Response Brief
Extension - Grant of Extension - Appellees shall have until May 27, 2024, to file their answering brief Apr 11, 2024 8:48 AM Extension
Motion - Unopposed - Appellee's Motion for an Extension of Time to File RESPONSE Brief (First Request 30 Days) Apr 10, 2024 3:27 PM Motion
Notice - Incoming - Attorney Substitution/Withdrawal - Appellees State of Montana, Montana Highway Patrol, Erick Fetterhoff, Bruce Becker, Shannan Piccolo, and hereby give notice that Liz Leman is substituted for Chad Vanisko as their counsel of record in this matter Apr 10, 2024 1:19 PM Notice - Incoming
Notice - Outgoing - Brief Filed Mar 28, 2024 4:10 PM Notice - Outgoing
Brief - Appellant's Opening Mar 28, 2024 2:55 PM Appellant Opening Brief
Notice - Incoming - Attorney Substitution/Withdrawal - Higgins of County Litigation Group, hereby withdraws as counsel for Defendant/ Appellee, Park County, in the above-referenced matter Mar 22, 2024 2:26 PM Notice - Incoming
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including March 28, 2024, within which to prepare, file, and serve the opening brief Feb 26, 2024 3:42 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Feb 26, 2024 3:00 PM Motion
Order - Dismiss - Partial - IT IS HEREBY ORDERED that Plaintiff/Appellant's claims against Defendants/Appellees Barbra Watson and Watson Crash Reconstruction, LLC are dismissed with prejudice Feb 14, 2024 4:23 PM Closing Notice
Motion - Unopposed - Dismiss - Stipulated - Dismissal of Appellees Barbara Watson, individually and Watson Crash Reconstruction, LLC Feb 14, 2024 3:59 PM Motion
Mediation - Other - Partial settlement Jan 29, 2024 2:44 PM Mediation
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including February 27, 2024, within which to prepare, file, and serve the opening brief Jan 24, 2024 3:44 PM Order - Extension
Motion - Unopposed - Appellant Extension of Time to File Opening Brief Jan 24, 2024 1:03 PM Motion
Notice - Incoming - Appearance - Jennifer A. Morgan for Park County Dec 28, 2023 2:42 PM Notice - Incoming
Extension - Grant of Extension - Appellant is granted an extension of time to and including January 28, 2024, within which to prepare, file, and serve the opening brief Dec 27, 2023 2:17 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) Dec 27, 2023 12:13 PM Motion
Order - Grant - Out of Time Appeal. FURTHER ORDERED that the November 9, 2023 Notice of Appeal shall stand as Notice of Appeal and Appellant need not refile it Dec 19, 2023 3:47 PM Order - Other
Response/Objection - Response to Motion to Dismiss - Appellant's Response Dec 6, 2023 1:36 PM Response
Event - Sent to Court-Pleading Dec 6, 2023 8:28 AM Event
Mediation - Order Appointing Mediator - DANE CHARLES CHRISTIAN Dec 1, 2023 9:53 AM Mediation
Notice - Outgoing - District Court Record Filed Nov 28, 2023 2:06 PM Record
Record - Electronic DC Record Filed for Cause No. DV 21-0051 consisting of 1 thru 130 and the case register Nov 28, 2023 2:05 PM Record
Motion - Opposed - Appellee's Motion to Dismiss (Held for Response) Nov 22, 2023 2:50 PM Motion
Notice - Outgoing - Appeal Notice Nov 9, 2023 2:50 PM Notice - Outgoing
Mediation - Case Subject to Mediation Nov 9, 2023 2:49 PM Mediation
Notice - Incoming - Notice of Appeal Filed Nov 9, 2023 1:45 PM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Nov 9, 2023 1:45 PM Fees