| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 05/27/2003 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Theresa M. Dowling--check no. 5964. | | |
| 05/27/2003 | Notice of Appeal Documents | Filed 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.) | | 03-08852
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| 06/03/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Israel Kunin. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 06/12/2003 | Motion | Filed Motion to Extend Time. | | 03-09819
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| 06/23/2003 | Motion | Filed Motion for Stay. Appellant's Motion for Stay of Execution Pursuant to NRAP 8 and Approval to File a Supersedeas Bond. | | 03-10425
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| 06/27/2003 | Motion | Filed Response to Motion. Respondent's Opposition to Appellant's Motion to Stay Execution and file Supersedeas Bond. | | 03-10829
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| 06/30/2003 | Motion | Filed Motion for Permission to File Document. Appellant's Motion for Leave of Court to file a Reply to Respondent's Opposition to Appellant's Motion to Stay Execution and file Supersedeas Bond. | | 03-10975
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| 07/10/2003 | Order/Procedural | Filed Order. Granting Stay and Remanding for Limited Purpose of Determining Appropriate Security. We grant the motion to stay the enforcement of the judgment upon the posting of a supersedeas bond, and we stay the district court's judgment and all enforcement proceedings in District Court Case No. A437826 pending further order of this court, and we remand this matter to the district court for the limited purpose of determining the appropriate amount of the supersedeas bond. Appellant shall then have 30 days from the date of the district court's order within which to post the bond and to submit proof to the clerk of this court that the security has been posted. We caution appellant that failure to comply with the bond condition will result in this court's vacation of the stay. fn1-[We deny as moot appellant's motion to file a reply, and direct this court's clerk to return, unfiled, appellant's provisionally submitted reply.] | | 03-11568
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| 07/10/2003 | Other | Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), "Appellant's Motion for Stay of Execution Pursuant to NRAP 8 and Approval to File a Supersedeas Bond." | | 03-10977
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| 07/11/2003 | Motion | Filed Response to Motion. Respondent's Supplemental Opposition to Appellant's Motion to Stay Execution and File Supersedeas Bond. | | 03-11720
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| 07/16/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 03-12081
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| 07/22/2003 | Notice/Outgoing | Letter. (Amended Notice of Appeal). | | |
| 08/06/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 03-13200
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| 09/08/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. Second Amended Notice of Appeal. | | 03-15066
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| 10/03/2003 | Order/Incoming | Filed District Court Order. Certified copies of Order filed in district court on 9/16/03; Notice of Entry of Order filed in district court on 9/22/03; Second Amended Notice of Filing Supersedeas Bond filed in district court on 9/26/03; and Release of Judgment filed in district court on 9/30/03. | | 03-16491
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| 11/24/2003 | Notice/Incoming | Filed Notice of Change of Address. Attorney Theresa M. Dowling. | | 03-19556
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| 12/05/2003 | Transcript Request | Filed Certificate of No Transcript Request. | | 03-20274
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| 12/15/2003 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. 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). On June 12, 2003, appellant filed a motion for an extension of time until July 26, 2003, to file the docketing statement. The appellant did not submit the docketing statement for filing until December 5, 2003. Because appellant filed to submit a docketing statement for filing by the time requested in the motion for an extension, we deny the motion. Nevertheless, in the interest of judicial efficiency, we direct the clerk of this court to file the docketing statement received on December 5, 2003. | | 03-20765
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| 12/15/2003 | Docketing Statement | Filed Docketing Statement. | | 03-20276
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| 03/31/2004 | Order/Procedural | Filed Order/Show Cause. Response due from appellant: 30 days from the date of this order. We note that the perceived jurisdictional defect can be cured if appellant obtains an order disposing of the remaining claims and then files a timely amended notice of appeal. fn4[Appellant could also obtain a proper certification order that includes the required findings concerning delay, but if certification is eventually determined to be improper, then the jurisdictional defect will still remain.] The briefing schedule in this appeal is suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellants' response is served. | | 04-05979
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| 04/19/2004 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Brian P. Worthington of Ryan Marks Johnson & Todd. | | 04-07167
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| 04/23/2004 | Notice/Incoming | Filed Notice. Notice of Pro Hac Vice Suspension pursuant to SCR 42(10). (Attorney Christopher Wohl) | | 04-07583
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| 04/28/2004 | Notice/Incoming | Filed Notice. Certificate of Reinstatement as Pro Hac Vice pursuant to SCR 42(11). (Christopher Wohl was mistakenly fee suspended.) | | 04-07809
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| 04/28/2004 | Notice/Incoming | Filed Notice. Notice of Pro Hac Vice Suspension pursuant to SCR 42(10). (Attorney Alvin Wohl) | | 04-07810
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| 04/30/2004 | Motion | Filed Response to Order to Show Cause. | | 04-07930
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| 05/11/2004 | Motion | Filed Reply to Response. Respondent's Reply Memorandum of Points and Authorities Regarding Order to Show Cause.
STRICKEN BY ORDER 06/30/04. | | |
| 05/24/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. Third Amended Notice of Appeal. | | 04-09530
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| 05/28/2004 | Motion | Filed Motion to Strike. Appellant's Motion to Stroke Respondent's Reply Memorandum of Points and Authorities regarding Order to Show Cause, or, Alternatively, for Leave of Court to File an Opposition to the Reply. | | 04-09869
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| 06/30/2004 | Order/Procedural | Filed Order. Reinstating Briefing and Granting Motion to Strike. In response to our order, appellant obtained a district court order formally resolving the mechanic's lien claim and then filed a timely amended notice of appeal. We therefore conclude that the jurisdictional defect has been cured, and that this appeal may proceed. fn1[Since a final judgment has now been entered, the NRCP 54(b) certification's validity is moot.] Respondent filed a reply to appellant's response to our order. Appellant moved to strike the reply on the basis that it was signed only by respondent's out-of-state counsel, who has been admitted in this case only under SCR 42, but not by Nevada counsel of record. We therefore grant appellant's motion and direct the clerk to strike respondent's reply filed on May 11, 2004. As jurisdiction is proper, we reinstate briefing as follows. Appellant shall have 70 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 04-12005
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| 09/08/2004 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Brian P. Worthington of Ryan Mecaldo & Worthington LLP. | | 04-16476
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| 09/08/2004 | Brief | Filed Opening Brief. | | 04-16480
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| 09/08/2004 | Appendix | Filed Appendix to Opening Brief. Vols. 1 and 2. | | 04-16481
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| 09/28/2004 | Notice/Incoming | Filed Notice of Appearance. Ryan, Mercaldo & Worthington LLP in the place and stead of the Ryan, Marks, Johnson & Todd as attorneys for S.B.A. Development d/b/a Royal Construction, Co. | | 04-17923
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| 10/11/2004 | Brief | Filed Answering Brief. | | 04-18778
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| 10/11/2004 | Appendix | Filed Appendix to Answering Brief. Vol.s. 1 through 12. | | 04-18779
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| 10/11/2004 | Motion | Filed Motion to Dismiss Appeal. Respondent's Memorandum of Points and Authorities in Support of Motion for Sanctions to Dismiss Appellant's Appeal or, Alternatively, to Obtain Leave to File Trial Transcript in Appendix (NRAP, Rules 9 and 30).
12/29/04 ORDER: this court will take no action with respect to respondent's motion to dismiss and request for sanctions filed on October 11, 2004. | | 04-18786
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| 10/14/2004 | Motion | Filed Response to Motion. Appellant's Memorandum of Points and Authorities in Opposition to Respondent's Motion for Sanctions to Dismiss Appellant's Appeal or, Alternatively, to Obtain Leave to File Trial Transcript in Appendix (NRAP, Rules 9 and 30). | | 04-19083
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| 11/09/2004 | Brief | Filed Reply Brief. | | 04-20660
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| 11/09/2004 | Appendix | Filed Appendix to Reply Brief. | | 04-20666
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| 12/29/2004 | Order/Procedural | Filed Order. On October 11, 2004, respondent filed a motion to dismiss this appeal and for sanctions because of appellant's failure to comply with NRAP 9(a) and NRAP 30(b)(1). Alternatively, respondent requests leave to include transcripts in its appendix to the answering brief. On October 14, 2004, appellant filed an opposition to the motion. Appellant also 'requests that the Court grant Respondent's Motion only insofar as it requests permission to include the transcripts in the Appendix.' We elect to treat the parties' stipulation to 'allow the appeal to go forward' as notice that respondent withdraws its motion to dismiss and request for sanctions. Accordingly, this court will take no action with respect to respondent's motion to dismiss and request for sanctions filed on October 11, 2004. Further, because respondent has already included the transcripts in its appendix to the answering brief, we deny the parties' request for leave to include the transcripts in the appendix. | | 04-23638
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| 06/14/2005 | Order/Procedural | Filed Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. NRAP 34(f)(1). | | 05-11680
|
| 06/14/2005 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. SNP05-RR/MG/JH | | |
| 07/25/2005 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP05-RR/MG/JH | | 05-14670
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| 08/19/2005 | Remittitur | Issued Remittitur. | | 05-14802
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| 08/19/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 08/26/2005 | Remittitur | Filed Remittitur. Received by County Clerk on August 22, 2005. | | 05-14802
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