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LARRY T. LONG, Trustee of the LONG TRUST v. MARLIN OIL CO., LLC, a Wyoming limited liability company and BECKY J. KOLBERG, Trustee of the Grace E. Weatherwax Testamentary Trust

Case Heading (S-08-0245)
Case Number:S-08-0245Case Docketed On:11/13/2008
Status:Closed
Original Court:Sixth Judicial District Campbell CountyCase Type:Direct Appeal - Civil - Mines and Minerals (Title 30)
Short Title:LARRY T. LONG, Trustee of the LONG TRUST v. MARLIN OIL CO., LLC, a Wyoming limited liability company and BECKY J. KOLBERG, Trustee of the Grace E. Weatherwax Testamentary Trust
Full Title:LARRY T. LONG, Trustee of the LONG TRUST, Appellant (Defendant), v. MARLIN OIL CO., LLC, a Wyoming limited liability company and BECKY J. KOLBERG, Trustee of the Grace E. Weatherwax Testamentary Trust, Appellees (Plaintiffs).

- Party Information
RoleParty NameAttorney(s)
AppellantLarry T. LongPaul J. Drew
AppelleeMarlin Oil Co., LLC, a Wyoming limited liability companyRandall T. Cox
AppelleeBecky J. KolbergRandall T. Cox

- Case Decision Information
Issues:Appellate Procedure
Opinion Number:2009 WY 97
Citation:214 P.3d 222

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Docket Information
Filing DateDocument DescriptionDocket Entry TypeDocket Entry SubtypeStatus
11/13/2008Event - Docketed and indexedEventDocketed and indexedFinal
11/13/2008Notice-Incoming - Record completion notice from district courtNotice-IncomingRecord completion notice from district courtFinal
11/13/2008Fees - Docket fee receivedFeesDocket fee receivedFinal
11/13/2008Notice-Outgoing - Docketing letterNotice-OutgoingDocketing letterFinal
11/21/2008Event - Phone Call from counsel for Appellee, co-counsel has left firm, removed from distribution listEventPhone CallFinal
11/24/2008Motion - Dismiss - involuntaryMotionDismiss - involuntaryFinal
11/24/2008Event - Hardcopy received - motion to dismiss.EventHardcopy receivedFinal
12/05/2008Response/Objection - MotionResponse/ObjectionMotionFinal
12/08/2008Event - Hardcopy received - Objection to Motion to Dismiss. Counsel sent copies of amended Notice of Appeal for filing in Supreme Court; rejected e-file, did not file hardcopies.EventHardcopy receivedFinal
12/09/2008Order - Denying Motion to Dismiss AppealOrderDenyFinal
12/31/2008Motion - Extension of time - briefMotionExtension of time - briefFinal
01/02/2009Event - Hardcopy received - Motion for Extension of Time to File BriefEventHardcopy receivedFinal
01/02/2009Order - Grant - extension of timeOrderGrant - extension of timeFinal
01/15/2009Brief - Other - Counsel submitted brief of appellant after 5:00 pm, making the filing untimely. The filing was inadvertantly accepted.BriefOtherFinal
01/15/2009Event - Phone Call - contacted counsel for appellant regarding filing of brief of appellant. They were aware that it was untimely and understood that the document will not be filed. Contacted counsel for appellee and informed that filing was untimely and removed.EventPhone CallFinal
01/15/2009Order - Dismiss - want of prosecutionOrderDismiss - want of prosecutionFinal
01/30/2009Petition - Reinstatement; brief in support of petition; and memorandum in support of motion to reinstate appeal.PetitionReinstatementFinal
02/02/2009Event - Hardcopy received Petition for Reinstatement, Brief in Support of Petition and Memorandum in Support of MotionEventHardcopy receivedFinal
02/24/2009Order - Granting Petition for Reinstatement of Appeal and Order Sanctioning Appellant's CounselOrderGrantFinal
02/24/2009Brief - AppellantBriefAppellantFinal
02/24/2009Event - Hardcopy received - Brief of Appellant per orderEventHardcopy receivedFinal
03/18/2009Fees - Sanctions received - otherFeesSanctions received - otherFinal
04/13/2009Brief - AppelleeBriefAppelleeFinal
04/15/2009Event - Hardcopy received - Brief of Appellees Marlin Oil Co., LLC and Becky J. Kolberg, Trustee and Appellees' Designation of the RecordEventHardcopy receivedFinal
04/20/2009Notice-Internal - Expedite recommendationNotice-InternalBrief only recommendationFinal
04/22/2009Motion - Other - to assign to expedited docket.MotionOtherFinal
04/27/2009Event - Hardcopy received - Motion for Submission of Case Without Oral ArgumentEventHardcopy receivedFinal
05/01/2009Brief - Appellant replyBriefAppellant replyFinal
05/04/2009Order - Assigning to expedited docketOrderAssigning to brief only docketFinal
05/04/2009Notice-Outgoing - Request for transmitted record on appeal from District Court ClerkNotice-OutgoingRequest for transmitted record on appealFinal
05/05/2009Event - Hardcopy received - Appellant's Reply Brief (Untimely, received one day late)EventHardcopy receivedFinal
05/13/2009Notice-Incoming - Record transmittal notice from district courtNotice-IncomingRecord transmittal notice from district courtFinal
05/13/2009Record - Transmitted record on appeal from districrt court, one volume, original papers.RecordTransmitted record on appealFinal
05/13/2009Notice-Outgoing - Transmitted record on appeal filedNotice-OutgoingTransmitted record on appeal filedFinal
06/02/2009Event - Expedited AssignmentEventBrief Only AssignmentFinal
08/12/2009Opinion - Opinion and journal order affirming and awarding costs, Justice Burke writing for the Court.OpinionOpinion and journal orderFinal
08/21/2009Motion - Fees and costsMotionFees and costsFinal
08/24/2009Event - Hardcopy received - Appellees' Motion for Attorneys' Fees and CostsEventHardcopy receivedFinal
09/09/2009Order - Other - Order granting motion for costs and order denying motion for attorneys' feesOrderOtherFinal
09/09/2009Notice-Outgoing - MandateNotice-OutgoingMandateFinal
09/09/2009Record - Record returned to district courtRecordRecord returned to district courtFinal
09/09/2009Notice-Outgoing - Record return letterNotice-OutgoingRecord return letterFinal
09/09/2009Event - Case closedEventCase closedFinal
09/11/2009Service - Certified mail signature return card. Record signed for 9/10/09.ServiceCertified mail signature return cardFinal