KNUTZEN VS. SIERRA PINES RESORT

Case Information: 41353
Short Caption:	KNUTZEN VS. SIERRA PINES RESORT	Court:	Supreme Court
Lower Court Case(s):	Washoe Co. - Second Judicial District - CV9803990	Classification:	Civil Appeal - General - Other
Disqualifications:		Case Status:	Disposition Filed/Case Closed
Replacement:		Panel Assigned:	Panel
To SP/Judge:	05/15/2003 / Gang, Leonard	SP Status:	Completed
Oral Argument:		Oral Argument Location:
Submission Date:		How Submitted:

+ Party Information

Docket Entries
Date	Type	Description	Pending?	Document
05/02/2003	Filing Fee	Received Filing Fee Paid on Filing. $200.00 from Stephen C. Mollath, P.C.--check no. 3106.
05/02/2003	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.)		03-07469
05/15/2003	Settlement Notice	Issued Notice: Assignment to Settlement Program. Settlement Judge: Leonard I. Gang. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/16/2003	Docketing Statement	Filed Docketing Statement.		03-08356
05/20/2003	Notice/Outgoing	Letter. Leonard I. Gang. (docketing statement)
08/05/2003	Settlement Program Report	Filed Interim Settlement Program Report. The court will receive a stipulation to dismiss this appeal.		03-13131
10/02/2003	Order/Procedural	Filed Order. The settlement judge has filed a report indicating that the parties have agreed to a settlement. Appellant shall have 30 days to file a stipulation or motion to dismiss or otherwise inform this court of the status of this appeal. Failure to comply with this order in a timely manner may result in the dismissal of this appeal as abandoned.		03-16363
10/23/2003	Letter/Incoming	Filed Letter. from attorney Stephen Mollath enclosing copy of proposed stipulation to dismiss which has been sent to counsel.		03-17701
10/28/2003	Motion	Filed Stipulation/Dismiss Appeal.		03-18027
12/15/2003	Order/Procedural	Filed Order/Stipulation Disapproved. The parties have filed a stipulation to dismiss this appeal "without prejudice." While parties may agree to voluntarily dismiss an appeal, see NRAP 42(b), this court will only dismiss an appeal with prejudice. We disapprove the stipulation. Appellant shall, within 15 days from the date of this order, file a stipulation or motion to dismiss this appeal with prejudice or otherwise inform this court of the status of this appeal. We caution appellant that failure to timely comply with this order may result in the dismissal of this appeal as abandoned.		03-20808
01/22/2004	Settlement Program Motion/Stipulation	Filed Settlement Program/Stipulated Dismissal.		04-01352
02/04/2004	Order/Dispositional	Filed Stipulated Dismissal. Pursuant to the settlement conference, the stipulation of the parties and cause appearing, " . . . this appeal is dismissed." NRAP 42(b). SNP/CLK		04-02180
02/04/2004	Case Status Update	Case Closed. No remittitur issued.
02/13/2004	Motion	Filed Motion. Respondents Toiyabe Investment Company and Montreux Joint Venture's Motion for Attorneys' Fees and Costs pursuant to NRAP 38 and 39.		04-02866
02/23/2004	Motion	Filed Response to Motion. Appellant Victor K. Knutzen, M.D.'s Opposition to Respondent's Motion for Attorney's Fees and Costs Pursuant to Nevada Rules of Appellate Procedure 38 and 39.		04-03366
03/22/2004	Order/Procedural	Filed Order Denying Motion. Respondents Toiyabe Investment Company and Montreux Joint Venture (collectively 'Montreux') have moved for attorney fees and costs pursuant to NRAP 38 and 39. Appellant opposes the motion. We conclude that this appeal was neither frivolous nor taken for purposes of delay or to misuse the appellate court processes. See NRAP 38. We further conclude that an award of costs is inappropriate because costs on appeal are only taxable for the printing and copying of briefs and appendices and travel to and from oral argument. See NRAP 39(c). Accordingly, we deny Montreux's motion.		04-05357