Gardiner-Park v. Knight et al

DA 23-0198 ·Direct Appeal ·Civil ·Closed
Docket DA 23-0198
Type Direct Appeal — Other
Classification Civil
Outcome Reversed
Lower court case DV-34-2017-0000036
Lower court judge Hon. Brenda R. Gilbert

Key dates

Closed Jun 20, 2024
Classified Feb 21, 2024
Appeal filed Mar 29, 2023
Record filed May 5, 2023
Briefing ended Dec 21, 2023
Opinion issued Jun 4, 2024
Briefing started Jun 22, 2023
Transcript filed Jun 22, 2023
Sent to the court Dec 21, 2023
Cross Appeal Filed Apr 12, 2023
Submitted for decision Dec 21, 2023
Cross Reply Brief Filed Dec 21, 2023
Appellant Reply Brief Filed Dec 7, 2023
Appellant Opening Brief Filed Aug 22, 2023
Appellee Response Brief Filed Oct 23, 2023

Calculated

from the docket dates
Appeal filed to briefing start 85
Briefing days 181
Briefing start to opening brief filed 60
Classified to Opinion 104
Close of briefing to sent to court 0
Filing date to Opinion 433
Filing date to closed 449
Opening to response 62
Opinion to closed 15
Reply to cross reply 58
Response to reply 44
Sent to court to classified 61
Submitted for decision to Opinion 165

Tags

Closed Cross Appeal Filed Final Order Issued Five Justice Panel Published opinion Reversed Subject to Mediation

Parties

Other
Park County
Represented by Mitchell A. Young
Appellee
Brad A. Harbach
Represented by Elizabeth Worth Lund
Appellant
Donald Knight
Represented by Vuko J. Voyich
Appellee
Donald L. Clark
Represented by Elizabeth Worth Lund
Cross Appellant
Gardiner-Park County Water and Sewer District
Represented by Thomas D. Shea, Jr.
Appellant
Gina M. Knight
Represented by Vuko J. Voyich
Appellant
Landon Knight
Represented by Vuko J. Voyich
Other
Standish Excavation, LC
Represented by Webster Mallory Crist
Appellee
Thomas E. Stone
Represented by Elizabeth Worth Lund
Appellee
Victor D. Beers
Represented by Elizabeth Worth Lund

Opinion

Gardiner-Park v. Knight et al, 2024 MT 121

Reversed on June 4, 2024, in a 5 to 0 published opinion.

Events

most recent first
Event - Case Closed - Electronic Records Jun 20, 2024 9:54 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jun 20, 2024 9:51 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jun 20, 2024 9:47 AM Closing Notice
Opinion - Published - Justice McKinnon - Affirmed and remanded for a determination of fees, if any Jun 4, 2024 3:19 PM Opinion
Order - Classified - Five Justice Panel Feb 21, 2024 12:10 PM Classifying Notice
Event - Case Sent to Court Dec 21, 2023 3:37 PM Classifying Notice
Notice - Outgoing - Brief Filed- (Gardiner, Park County Water & Sewer) Cross Appellant Reply Dec 21, 2023 2:04 PM Notice - Outgoing
Brief - (Gardiner, Park County Water & Sewer) Cross Appellant Reply Dec 21, 2023 10:56 AM Cross Reply Brief
Notice - Outgoing - Brief Filed Dec 7, 2023 4:31 PM Notice - Outgoing
Brief - Appellant Reply and Answer to Cross Appeal Dec 7, 2023 12:29 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellants shall have up to and including December 11, 2023, to file their reply briefs and answer to cross-appeal brief Nov 3, 2023 11:59 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Nov 2, 2023 2:57 PM Motion
Notice - Outgoing - Brief Filed - Third Party Defendants and Appellee's Response Oct 24, 2023 12:47 PM Notice - Outgoing
Notice - Outgoing - Brief Filed - Combined Response for Appellee and Cross-Appellant Oct 24, 2023 12:46 PM Notice - Outgoing
Brief - Third Party Defendants and Appellee's Response Oct 23, 2023 3:52 PM Appellee Response Brief
Brief - Combined Response for Appellee and Cross-Appellant Oct 23, 2023 3:32 PM Appellee Response Brief
Order - Grant - Extension of Time to October 23, 2023 to file Appellee - Cross Appellants (Gardiner-Park County Water & Sewer District Sep 14, 2023 9:44 AM Order - Extension
AMENDED Order - Appellees, Thomas E. Stone, Donald L. Clark, Victor D. Beers, and Brad A. Harbach, up to and including October 23, 2023, to file its Appellee's Brief Sep 13, 2023 2:42 PM Other
Order - Grant - Extension of Time - Appellees, Thomas E. Stone, Donald L. Clark, Victor D. Beers, and Brad A. Harbach, up to and including October 23, 2023, to file its Appellee's Brief Sep 7, 2023 12:44 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellees, Thomas E. Stone, Donald L. Clark, Victor D. Beers, and Brad A. Harbach Sep 7, 2023 11:13 AM Motion
Motion - Unopposed - Extension of Time - Appellee - Cross Appellant's Brief (First Request 30 Days) - (Gardiner-Park County Water & Sewer District) Aug 31, 2023 9:22 AM Motion
Order - Appellant's motion to dismiss cross-appeal is DENIED Aug 29, 2023 2:17 PM Final Order
Notice - Outgoing - Brief Filed - Appellant Opening Aug 23, 2023 9:26 AM Notice - Outgoing
Brief - Appellant's Opening Aug 22, 2023 12:54 PM Appellant Opening Brief
Event - Sent to Court-Pleading Aug 17, 2023 1:11 PM Event
Cross Appellant, Gardiner-Park County Water and Sewer District, Response to Appellant's Motion to Dismiss Aug 17, 2023 12:47 PM Other
Motion - Opposed - Dismiss - Appellant's Motion to Dismiss Cross-Appeal. held for objection Aug 9, 2023 3:39 PM Motion
Notice - Incoming - Amended Notice of Cross-Appeal Filed (Gardiner-Park County Water and Sewer District) Aug 1, 2023 4:13 PM Notice - Incoming
Extension - Grant of Extension - Appellants shall have up to and including August 23, 2023, to file their opening brief Jun 29, 2023 2:49 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Jun 29, 2023 1:44 PM Motion
Mediation - Mediator's Report - Case Not Settled Jun 26, 2023 2:48 PM Mediation
Notice - Outgoing - Transcript Filed Jun 22, 2023 2:31 PM Transcript
Record - Electronic Transcript Filed of 12/23/2022 hrg Jun 22, 2023 2:14 PM Record
Notice - Outgoing - District Court Record Filed May 5, 2023 4:29 PM Record
DC Record Filed for Cause No. DV 17-36 consisting of electronic documents 1-272 and Case Register Report May 5, 2023 4:28 PM Record
Order - Appointment-Mediator - Hon. Jeffrey Sherlock May 2, 2023 1:09 PM Order - Other
Mediation - Substitution of Mediator - Jeffrey Sherlock for Dana Christian May 2, 2023 11:21 AM Mediation
Mediation - Order Appointing Mediator - Dana Christian Apr 26, 2023 9:01 AM Mediation
Notice - Outgoing - Cross Appeal Notice (Gardiner-Park County Water and Sewer District) Apr 12, 2023 1:27 PM Notice - Outgoing
Notice - Incoming - Notice of Cross Appeal (Gardiner-Park County Water and Sewer District) Apr 12, 2023 12:41 PM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Apr 12, 2023 12:41 PM Fees
Order - the district court's certification order is in substantial compliance with the rules; there for this appeal may proceed Apr 11, 2023 4:06 PM Order - Other
Event - Sent to Court-Pleading (notice of appeal with Rule 54b certification) Mar 29, 2023 4:53 PM Event
Notice - Outgoing - Appeal Notice Mar 29, 2023 4:31 PM Notice - Outgoing
Mediation - Case Subject to Mediation Mar 29, 2023 4:30 PM Mediation
Notice - Incoming - Notice of Appeal Filed (Rule 54b Certification) Mar 29, 2023 4:11 PM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Mar 29, 2023 4:11 PM Fees