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United States Court Cases

Nevada Supreme/Appellate Court Record

IN RE: FISHER KATZIN TRUST

Case Information: 38143
Short Caption:IN RE: FISHER KATZIN TRUSTCourt:Supreme Court
Related Case(s): 40301
Lower Court Case(s):Clark Co. - Eighth Judicial District - P40417Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:07/18/2001 / Mishel, PersiSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/09/2001OtherDisqualification of Justice Young. Law firm of Lionel Sawyer & Collins.
07/09/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Beckley Singleton Jemison Cobeaga & List--check no. 086258.
07/09/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 01-11465
07/09/2001Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
07/18/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Persi J. Mishel. (Briefing and preparation of transcripts suspended pending further order of this court.)
07/19/2001Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: July 16, 2001. 01-12304
07/19/2001Notice/IncomingFiled Notice. Proof of Filing Certified Copies of Case Appeal Statement. 01-12307
07/26/2001Docketing StatementFiled Docketing Statement. 01-12660
07/30/2001Docketing StatementFiled Docketing Statement. Supplement to Docketing Statement Civil Appeals. 01-12807
08/01/2001Notice/Outgoing Letter. Persi J. Mishel.
08/14/2001MotionFiled Motion to Dismiss Appeal. 01-13788
08/27/2001MotionFiled Stipulation. Stipulation for Extension of Time to File the Opposition to Respondent's Motion to Dismiss Appeal. 01-14467
08/30/2001Order/Clerk'sFiled Clerk's Order Approving Stipulation. filed August 27, 2001. Appellant shall have to and including August 31, 2001, to file and serve the opposition. 01-14696
09/04/2001MotionFiled Response to Motion. 01-14855
09/19/2001Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: not known at this time. 01-15832
09/24/2001MotionFiled Motion for Permission to File Document. Respondents' Request for Permission to File Reply Memorandum in Support of their Motion to Dismiss. 01-16077
01/28/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: March 12, 2002. 02-01853
03/15/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-04743
03/26/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. This court shall conduct a preliminary jurisdictional review of this appeal. fn1[We defer ruling on respondents' August 14, 2001 and September 24, 2001 motions, pending completion of our jurisdictional review.] Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 02-05312
04/18/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: February 9, 2001. To Court Reporter: Renee Silvaggio. 02-06935
07/26/2002MotionFiled Stipulation and Order. Brief due: August 16, 2002. 02-12883
08/12/2002Order/Procedural Order. As of this date, Court Reporter Rene Silvaggio has failed to file a copy of the transcripts with this court . Ms. Silvaggio shall have 20 days from the date of this order to prepare and file the transcript for the proceedings conducted on February 9, 2001, file a motion requesting an extension of time to complete the preparation of this transcript, or notify this court in writing that the requested transcript cannot be produced. 02-13729
08/19/2002MotionFiled Motion to Extend Time. (Second request) 02-14160
08/20/2002Order/ProceduralFiled Order/Show Cause. fn1[The clerk of this court shall amend the caption on this court's docket so that it is consistent with the caption on this order.] Respondents have moved to dismiss this appeal. Appellant opposes the motion, and respondents have moved to file a reply. fn2[We grant respondents' motion to file a reply. The clerk of this court shall file the reply provisionally received on September 24, 2001.] We defer ruling on the motion because it appears that the appeal period in NRS 155.190 may not apply. Appellant shall have 30 days from the date of this order to show cause why this appeal should not be dismissed for lack of jurisdiction. We suspend the briefing schedule in this appeal pending further order of this court. Respondents may file any reply within ten days from the date that appellant's response is served. 02-14206
08/20/2002MotionFiled Reply to Response. Respondents' Reply Memorandum in Support of their Motion to Dismiss. 01-16078
08/22/2002Order/Clerk'sFiled Clerk's Order. filed August 19, 2002. Pursuant to order of this court entered on August 20, 2002, briefing has been suspended in this appeal. The motion is denied as moot. 02-14405
08/29/2002MotionFiled Motion to Extend Time. (Third Request) 02-15026
09/04/2002Order/Clerk'sFiled Clerk's Order. On August 29, 2002, appellant filed a motion for an extension of time to file the opening brief. Pursuant to order of this court entered on August 20, 2002, briefing has been suspended in this appeal. The motion is denied as moot. 02-15224
09/05/2002Notice/IncomingFiled Affidavit. Affidavit from Court Reporter Renee Silvaggio stating that there are no transcripts for February 9, 2001. 02-15266
09/23/2002MotionFiled Response to Order to Show Cause. 02-16489
10/02/2002MotionFiled Stipulation. Stipulation for Extension of Time for Respondent to File Reply to Appellant's Resposne to Order to Show Cause. 02-17021
10/07/2002Order/Clerk'sFiled Clerk's Order Approving Stipulation. filed October 2, 2002. Respondents shall have until October 16, 2002, to file and serve the reply. 02-17264
10/16/2002MotionFiled Reply to Response. Respondent's Reply to Appellant's Response to Order to Show Cause. 02-17951
10/17/2002Notice/IncomingFiled Proof of Service. Certificate of Service by Facsimile and U.S. Mail. 02-18040
08/25/2003Order/ProceduralFiled Order. Directing Response. David is not his mother's guardian and has no legal authority to act on her behalf. Accordingly, it appears that this court cannot grant any relief that would affect David's interest, as he has no interest in the trus assets. David shall have 30 days from the date of this order to file a response addressing the issues raised above. Michael and Robert may file any reply within 10 days from the date that David's response is served. fn7[Pending a decision on the issue presented in this order, we defer ruling on Michael and Robert's motion to dismiss filed in Docket No. 38143 and David's motion to expedite filed in Docket No. 40301.] Nos. 38143/40301-cases are not consolidated. (03-14249) 03-14249
09/29/2003MotionFiled Motion to Extend Time. Response to the Order to Show Cause. 03-16243
10/02/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed September 29, 2003. Appellant/petitioner David Katzin shall have until October 6, 2003, to file and serve his response. Nos. 38143/40301-cases are not consolidated. 03-16377
10/08/2003MotionFiled Response to Order to Show Cause. 03-16754
10/20/2003MotionFiled Reply to Response. Respondents' Reply to Order to Show Cause. Nos. 38143/40301-not consolidated. 03-17412
11/24/2003Order/ProceduralFiled Order. Re: Requested Transcript. Appellant requested court reporter Rene Silvaggio to prepare and file a transcript for proceedings held on February 9, 2003. Ms. Silvaggio filed an affidavit informing this court that no transcript was made for the proceedings on that date. A copy of the district court minutes for that date is attached to the affidavit. Accordingly, Ms. Silvaggio need not take any action pursuant to appellant's transcript request form. We admonish counsel for appellant for not checking the district court record prior to filing the transcript request form. We note that all filing deadlines in this appeal remain stayed pursuant to this court's August 20, 2002, order. 03-19545
12/04/2003Order/DispositionalFiled Order Dismissing Appeal. Order Dismissing Appeal (Docket No. 38143) and Dismissing Part and Denying in Part Petition for Writ of Mandamus, Prohibition, or Certiorari (Docket No. 40301. Docket No. 38143 is an appeal from a district court order denying a petition to appoint independent counsel and vacate an order that granted a petition for instructions in a proceeding concerning the administration of a nontestamentary trust. Docket No. 40301 is an original petition for a writ of certiorari or, in the alternative, mandamus or prohibition, challenging the same district court as well as an order entered in a related guardianship proceeding. Respondents/real parties in interest Michael and Robert Katzin ('Respondents') have moved to dismiss the appeal for lack of jurisdiction. 'We dismiss appellant's appeal (Docket No. 38143).' We dismiss that portion of his writ petition (Docket No. 40301) challenging the probate court's order that denied his petition to vacate and appoint independent counsel. We deny that portion of the writ petition challenging the family court's order denying clarification. fn10[We note that, in their motion to dismiss, respondents challenge the timeliness of the notice of appeal rather than standing. In light of our conclusions, we deny respondents' motion to dismiss as moot. We further deny as moot appellant's motion to expedite filed in Docket No. 40301.] Nos. 38143 / 40301 cases are not consolidated. SNP04-RR/ML/WM 03-20168
12/30/2003RemittiturIssued Remittitur. 03-20256
12/30/2003Case Status Update Remittitur Issued/Case Closed.
01/21/2004RemittiturFiled Remittitur. Received by County Clerk on January 6, 2004. 03-20256