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United States Court Cases

Nevada Supreme/Appellate Court Record

NIVINSKI VS. WELLS FARGO HOME MORTGAGE

Case Information: 41140
Short Caption:NIVINSKI VS. WELLS FARGO HOME MORTGAGECourt:Supreme Court
Related Case(s): 41184 , 41232
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0104430Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/31/2003 / Worrell, CarolynSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/25/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Goedert & Michaels--check no. 2278.
03/25/2003Notice 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.) 03-05036
03/26/2003Notice/OutgoingIssued Notice to Transmit Required Document. Orders filed 2/18/03 & 2/28/03 and notices of entry filed 2/24/03 and 3/5/03. Due Date: 10 days
03/31/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell (Briefing and preparation of transcripts suspended pending further order of this court.)
04/02/2003Notice of Appeal DocumentsFiled Documents from District Court Clerk. Certified copies of Findings of Fact and Conclusions of Law filed February 18, 2003; Notice of Entry of Order filed February 24, 2003; Judgment filed February 27, 2003; Notice of Entry of Judment filed March 5, 2003; Order filed February 27, 2003; and Notice of Entry of Order filed March 5, 2003. 03-05509
04/09/2003Docketing StatementFiled Docketing Statement. 03-05996
04/10/2003Notice/Outgoing Letter. Carolyn Worrell. (district court orders)
04/10/2003Notice/Outgoing Letter. Carolyn Worrell. (docketing statement)
04/15/2003Docketing StatementFiled Response to Docketing Statement. 03-06436
06/03/2003Notice/Outgoing Letter. Carolyn Worrell. (Response to Docketing Statement)
07/14/2003MotionFiled Motion to Dismiss Appeal. Wells Fargo Home Mortgage's Motion to Dismiss Appeal. 03-11826
07/18/2003MotionFiled Stipulation. Stipulation for Enlargement of Time to File Opposition to Wells Fargo Home Mortgage's Motion to Dismiss Appeal. 03-12212
08/15/2003Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), Reply in Support of Wells Fargo Home Mortgage's Motion to Dismiss Appeal.
09/15/2003Notice/IncomingFiled Notice of Change of Address. Law firm of Molof & Vohl.. 03-21742
09/30/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 01/06/03, 01/07/03, 01/08/03, and 01/09/03. To Court Reporter: W. Pearson, D. M. Greco and E. T. Luschar. 03-16291
10/24/2003TranscriptFiled Transcript. Proceedings: January 7, 2003. Court Reporter: Debora L. Cecere. 03-17760
10/29/2003TranscriptFiled Transcript. Proceedings: January 7, 2002. Court Reporter: Deborah Middleton Greco. 03-18068
11/03/2003Order/ProceduralFiled Order Denying Motion. Respondent Wells Fargo Home Mortgage filed a motion requesting this court to dismiss this appeal for lack of jurisdiction. Thereafter, the parties filed a stipulation for an extension of time for appellant to file an opposition. Cause appearing, we approve that stipulation. Accordingly, the clerk shall file the opposition received on August 5, 2003. We deny respondent's motion. This denial is without prejudice to respondent's right to renew the motion, if necessary, upon completion of settlement proceedings. 03-18245
11/03/2003MotionFiled Response to Motion. Opposition to Wells Fargo Home Mortgage's Motion to Dismiss Appeal. 03-13123
11/12/2003TranscriptFiled Transcript. Proceedings: January 9, 2003. Court Reporter: Erin T. Luschar. 03-18877
11/14/2003TranscriptFiled Transcript. Proceedings: 01/06/03. Court Reporter: Wendy L. Pearson. 03-19017
11/18/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-19212
12/08/2003Transcript RequestFiled Request for Transcript of Proceedings. Errata to Request for Transcript of Proceedings. (Corrects the name of the court reporter on1/7/03 to Deborah Cecere.) 03-20334
12/09/2003Order/ProceduralFiled Order. Consolidating Appeals and Reinstating Briefing. These appeals arise from the same district court case and involve the same parties. We consolidate these appeals for all appellate purposes. The parties were unable to agree to a settlement of these matters. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. See NRAP 16(c). Each appellant shall have 15 days from the date of this order to comply with NRAP 9(a). Appellant in Docket Nos. 41140 and 41184 shall have 120 days from the date of this order to file and serve a single opening brief and appendix, addressing the issues raised in both of those appeals. Within the same time period appellant in Docket No. 41232 shall file and serve the opening brief for that appeal. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 41140/ 41184/ 41232. (03-20516) 03-20516
12/18/2003Transcript RequestFiled Certificate of No Transcript Request. Appellant Kujac. Nos. 41140/41184/41232. 03-21097
02/05/2004MotionFiled Motion to Dismiss Appeal. Wells Fargo Home Mortgage's Renewed Motion to Dismiss Appeal. (No. 41140). Nos. 41140/41184/41232 04-02330
02/12/2004MotionFiled Response to Motion. Opposition to Wells Fargo Home Mortgage's Renewed Motion to Dismiss Appeal. (No. 41140). Nos. 41140/41184/41232. 04-02782
04/07/2004BriefFiled Opening Brief. in 41140 and 41184. Nos. 41140/41184/41232. 08/19/04 Order: No. 41140 dismissed. Transferred original and copies to 41184. Nos. 41184/41232 are consolidated. 04-06430
04/07/2004AppendixFiled Appendix to Opening Brief. Vols. 1 and 2 in 41140 and 41184. Nos. 41140/41184/41232. 08/19/04 Order: No. 41140 dismissed. Transferred original and copies to 41184. Nos. 41184/41232 are consolidated. 04-06431
04/07/2004MotionFiled Motion and Order Extending Time. (Kujac) in 41232. Brief due: April 22, 2004. Nos. 41140/41184/41232. 04-06433
04/22/2004BriefFiled Opening Brief. Appellant Kujac's Opening Brief in 41232. Nos. 41140/41184/41232. 08/19/04 Order: No. 41140 dismissed. Transferred original and copies to 41184. Nos. 41184/41232 are consolidated. 04-07500
04/29/2004MotionFiled Motion and Order Extending Time. Respondent MTC Financial d/b/a Trustees Corps. Brief due: June 4, 2004. Nos. 41140/41184/41232. 04-07917
05/04/2004MotionFiled Motion and Order Extending Time. Wells Fargo Home Mortgage. Brief due: June 4, 2004 Nos. 41140/41184/41232. 04-08125
05/07/2004BriefFiled Answering Brief. Respondent Kujac's Answering Brief in 41140/41184. Nos. 41140/41184/41232. 08/19/04 Order: No. 41140 dismissed. Transferred original and copies to 41184. Nos. 41184/41232 are consolidated. 04-08544
06/02/2004MotionFiled Motion to Extend Time. Reply Brief to Kujac, Wells Fargo Home Mortgage Inc., and MTC Financial Inc., Answering Briefs in 41140/41184. Nos. 41140/41184/41232. 04-10125
06/03/2004BriefFiled Answering Brief. Respondent MTC Financial, Inc's. Answering Brief to Appellant Kujac's Opening Brief (in 41232). Nos. 41140/441184/41232. 08/19/04 Order: No. 41140 dismissed. Transferred original and copies to 41184. Nos. 41184/41232 are consolidated. 04-10171
06/04/2004BriefFiled Answering Brief. Respondent MTC Financial, Inc.'s., Answering Brief to Appellant's Opening Brief (in 41140/41184). Nos. 41140/41184/41232. 08/19/04 Order: No. 41140 dismissed. Transferred original and copies to 41184. Nos. 41184/41232 are consolidated. 04-10257
06/04/2004BriefFiled Answering Brief. Respondent Wells Fargo Home Mortgage, Inc.'s Answering Brief (in 41140/41184). Nos. 41140/41184/41232. 08/19/04 Order: No. 41140 dismissed. Transferred original and copies to 41184. Nos. 41184/41232 are consolidated. 04-10305
06/04/2004AppendixFiled Appendix to Answering Brief. Respondent's Appendix-Volume III (Wells Fargo Home Mortgage, Inc.'s in 41140/41184). Nos. 41140/41184/41232. 08/19/04 Order: No. 41140 dismissed. Transferred original and copies to 41184. Nos. 41184/41232 are consolidated. 04-10306
06/15/2004Order/ProceduralFiled Order Granting Motion. filed June 2, 2004. Ms. Nivinski shall have until July 6, 2004, to file and serve a single reply brief to the answering briefs of Mr. Kujac, Wells Fargo and MTC. Nos. 41140/41184/41232. (04-10986) 04-10986
06/24/2004MotionFiled Motion to Extend Time. (Appellant Nivniski). Nos. 41140/41184/41232. 04-11520
07/06/2004BriefFiled Reply Brief. Appellant Kujac's Reply Brief in 41232. Nos. 41140/41184/41232. 08/19/04 Order: No. 41140 dismissed. Transferred original and copies to 41184. Nos. 41184/41232 are consolidated. 04-12299
07/06/2004BriefFiled Reply Brief. in 41140/41184. Appellant Nivinski's Repy Brief. Nos. 41140/41184/41232. 08/19/04 Order: No. 41140 dismissed. Transferred original and copies to 41184. Nos. 41184/41232 are consolidated. 04-12307
07/08/2004Order/ProceduralFiled Order Denying Motion. as Moot. On June 15, 2004, this court entered an order granting appellant Lisa Marie Nivinski, as Executrix for the Estate of Lee Glenn Allred, Deceased, ('Ms. Nivinski'), an extension of time until July 6, 2004, to file and serve a combined reply brief to the answering briefs of Frank Kujac, Wells Fargo Home Mortgage, Inc., a Nevada Corporation, ('Wells Fargo') and MTC Financial Inc., d/b/a Trustee Corps ('MTC'). Ms. Nivinski has since moved for a second extension of time until July 19, 2004, to file her combined reply brief. We note that Ms. Nivinski timely filed her combined reply brief on July 6, 2004. Accordingly, we deny Ms. Nivinski's motion for a second extension of time as moot. Briefing for this appeal is now complete. Nos. 41140/41184/41232. 04-12495
08/19/2004Order/DispositionalFiled Order Dismissing Appeal. Order to Show Cause (No. 41232), Dismissing Appeal (No. 41140), and Denying Motion to Dismiss (Nos. 41140 and 41184. These are consolidated appeals from various orders and judgments of the district court. In Docket No. 41232, appellant Frank Kujac appeals from a district court order granting respondent MTC Financial's motion for summary judgment on Kujac's cross-claims in the underlying case. It appears that Kujac is not aggrieved and lacks standing to appeal from the district court's summary judgment order. Kujac shall have 30 days from the date of this order within which to show cause why the appeal in Docket No. 41232 should not be dismissed for lack of jurisdiction. Respondent may file any reply within 10 days from the date that appellant's response is served. In Docket No. 41140, Nivinski, the appellant, challenges a district court order dismissing her claims against respondents Kujac and RCI pursuant to NRCP 41(b), and the district court's findings of fact and conclusions of law in favor of respondents Wells Fargo and MTC. Our preliminary review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(e) indicates that the notice of appeal in Docket No. 41140 was premature. Because final written judgments had not been entered when Nivinski filed her notice of appeal in Docket No. 41140, that appeal is untimely. 'We dismiss the appeal in Docket No. 41140.' Nivinski has perfected an appeal in Docket. No. 41184. Wells Fargo has filed a motion to dismiss the appeals in Docket Nos. 41140 and 41184 as to Wells Fargo. In light of our dismissal of Docket No. 41140 in this order, we deny as moot the portion of Wells Fargo's motion seeking to dismiss that appeal. Therefore, Wells Fargo's motion to dismiss will be addressed only to the extent that it seeks dismissal of Docket No. 41184. The original notice of appeal in Docket No. 41184, which Nivinski filed on April 1, 2003, challenged only the judgment in favor of Kujac and RCI. Nivinski subsequently filed an amended notice of appeal on May 9, 2003. Although the initial notice of appeal in Docket No. 41184 did not designate both judgments as being appealed from, we nonetheless construe Nivinski's appeal as being taken from both the judgment in favor of Kujac and RCI entered on March 26, 2003, and the judgment in favor of Wells Fargo entered on the same day. Accordingly, we deny Wells Fargo's motion to dismiss the appeal in Docket No. 41184. Nos. 41140/ 41184/ 41232 (No. 41140 dismissed/only Nos. 41184/41232 are consolidated). NNP04-NB/DA/MG 04-15000
09/14/2004RemittiturIssued Remittitur. 04-15138
09/14/2004Case Status Update Remittitur Issued/Case Closed.
09/23/2004RemittiturFiled Remittitur. Received by County Clerk on September 16, 2004. 04-15138