| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 06/17/2003 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Law Office of Donna Lee Schubert--check no. 1774. | | |
| 06/17/2003 | 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.) | | 03-10102
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| 06/17/2003 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Bennion & Clayson (Zurich American Insurance Company--check no. 2990082159. | | |
| 06/17/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) | | 03-10103
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| 06/20/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt . (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 07/07/2003 | Docketing Statement | Filed Docketing Statement. (Respondent/Cross-Appellant) | | 03-11344
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| 07/09/2003 | Notice/Outgoing | Letter. Lansford W. Levitt. (docketing statement of respondent/cross-appellant) | | |
| 07/22/2003 | Order/Procedural | Filed Order. to file Docketing Statement. Appellants/cross-respondents shall, within 10 days from the date of this order, file and serve their docketing statement. Failure to comply timely with this order may result in the imposition of sanctions including dismissal of this appeal as abandoned. | | 03-12399
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| 07/30/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties have agreed to a settlement of this matter. | | 03-12862
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| 10/02/2003 | Order/Procedural | Filed Order. The settlement judge has filed a report indicating that the parties have agreed to a settlement. The parties shall have 30 days from the date of this order to file in this court a stipulation or motion to dismiss this appeal and cross-appeal, along with a copy of an order of the district court certifying that upon remand, it is inclined to grant the parties' requested relief. If the parties are unable to obtain Huneycutt certification, they shall so inform this court in writing within the same time period. Failure to comply with this order in a timely manner may result in the dismissal of this appeal as abandoned. | | 03-16366
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| 10/17/2003 | Notice/Incoming | Filed Notice. Notice of Inability to Obtain Huneycutt Certification. | | 03-17345
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| 12/18/2003 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. Order Filing Docketing Statement and Reinstating Briefing. On September 15, 2003, appellants submitted the docketing statement for filing. To date, appellants have not filed a motion for leave to file the untimely docketing statement. In the interest of judicial economy, we direct the clerk of this court to file the docketing statement received on September 15, 2003. The parties had agreed upon a settlement of this appeal and cross-appeal. Accordingly, on October 2, 2003, this court entered an order directing the parties to file a stipulation or motion to dismiss this appeal and cross-appeal, along with a copy of an order of the district court certifying that upon remand, it is inclined to grant the parties' requested relief. Respondent/cross-appellant ('respondent') has filed a document entitled 'Notice of Inability to Obtain Huneycutt Certification.' Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. See NRAP 16(c). Appellants and respondent shall each have 15 days from the date of this order to comply with NRAP 9(a). Appellants shall have 120 days from the date of this order to file and serve the opening brief and appendix on appeal. Respondent shall have 30 days from service of appellants' opening brief to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellants shall have 30 days from service of respondent combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Finally, respondent shall have 30 days from service of appellants' combined brief to file and serve a reply brief on cross-appeal, if deemed necessary. | | 03-21048
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| 12/18/2003 | Docketing Statement | Filed Docketing Statement. (Appellants/Cross-Respondents.). | | 03-15405
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| 01/05/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 02/10/03. To Court Reporter: Janie Olsen. | | 04-00221
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| 01/08/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 06/16/03 and 06/25/03. To Court Reporter: Janie Olsen. | | 04-00480
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| 01/13/2004 | Notice/Incoming | Filed Notice of Association of Counsel. Robert L. Eisenberg of Lemons, Grundy & Eisenberg associates as counsel for respondent/cross-appellant. | | 04-00811
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| 01/16/2004 | Transcript | Filed Transcript. Proceedings: February 10, 2003. Court Reporter: Janie Olsen. | | 04-01023
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| 02/02/2004 | Transcript | Filed Transcript. Proceedings: 06/16/03 and 06/25/03. Court Reporter: Janie Olsen. | | 04-02117
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| 04/19/2004 | Motion | Filed Stipulation and Order. Brief due: April 30, 2004. | | 04-07161
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| 05/04/2004 | Brief | Filed Opening Brief.
05/13/04 ORDER: APPELLANTS' OPENING BRIEF STRICKEN. | | |
| 05/04/2004 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 9. | | 04-08161
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| 05/04/2004 | Other | Other. Addendum 3 to Appellants' Appendix to Appellants' Opening Brief, Vols. A through K. | | 04-08163
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| 05/13/2004 | Order/Procedural | Filed Order. Striking Opening Brief. Our review of appellants/cross-respondents' ('appellants') opening brief indicates that it is procedurally deficient. Specifically, appellants have used a font size smaller than that permitted under the Nevada Rules of Appellate Procedure. See NRAP 32(a). Accordingly, the clerk shall strike appellants' opening brief. Appellants shall have 15 days from the date of this order to file and serve an amended opening brief that complies with the Nevada Rules of Appellate Procedure. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 04-08902
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| 06/04/2004 | Motion | Filed Motion and Order/Excess Pages. Appellants' Motion for Leave to Exceed Page Limit (Amended Opening Brief). Granted: 45 pages. | | 04-10294
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| 06/04/2004 | Brief | Filed Amended Brief. Appellants' Amended Opening Brief. | | 04-10295
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| 07/07/2004 | Motion | Filed Stipulation and Order. Brief due: August 5, 2004. | | 04-12437
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| 07/08/2004 | Motion | Filed Stipulation. No action required - contains original signature of Donna Schubert for stipulation that was filed on 7/7/04. | | 04-12483
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| 07/19/2004 | Transcript | Filed Transcript. Proceedings: October 14, 2002. Court Reporter: Janie Olsen. | | 04-13079
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| 07/29/2004 | Brief | Filed Answering Brief. Horizon Communtities, Inc.'s Answering Brief on Appeal and Opening Brief on Cross-Appeal. | | 04-13832
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| 07/29/2004 | Appendix | Filed Appendix to Answering Brief. Respondent/Cross-Appellant's Appendix. | | 04-13833
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| 09/01/2004 | Motion | Filed Stipulation and Order. Brief due: 09/29/04. | | 04-15946
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| 09/20/2004 | Motion | Filed Stipulation and Order. Duplicate of document filed 9/1/04 containing original signature of Robert Eisenberg. | | 04-23827
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| 09/29/2004 | Brief | Filed Reply Brief. Appellant/Cross-Respondent. (Appellants' Answering Brief and Reply Brief). | | 04-18012
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| 09/29/2004 | Appendix | Filed Appendix to Reply Brief. | | 04-18013
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| 11/02/2004 | Motion | Filed Motion and Order Extending Time. Brief due: December 1, 2004. | | 04-20184
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| 12/01/2004 | Motion | Filed Motion to Extend Time. Motion for Second Extension of Time for Filing Reply Brief on Cross-Appeal. | | 04-21936
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| 12/10/2004 | Order/Procedural | Filed Order Granting Motion. filed December 1, 2004. Respondent/cross-appellant shall have until January 3, 2005, to file and serve its reply brief on cross-appeal. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. | | 04-22543
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| 12/21/2004 | Brief | Filed Reply Brief on Cross-Appeal. | | 04-23235
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| 12/21/2004 | Appendix | Filed Appendix to Reply Brief. | | 04-23236
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| 01/10/2005 | Order/Procedural | Filed Order/Show Cause. Appellants and cross-appellant shall have 30 days from the date of this order within which to show cause why this appeal and cross-appeal should not be dismissed for lack of jurisdiction. We mote that appellants and/or cross-appellants may also be able to cure this perceived jurisdictional defect by procuring appropriate district court orders or stipulations resolving the remaining claims and filing a timely amended notice of appeal. fn4[See NRAP 4(a)(7) (stating that no additional fees are required for a timely filed amended notice of appeal). Failure to demonstrate that this court has jurisdiction may result in this court's dismissal of this appeal and cross-appeal. | | 05-00481
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| 02/01/2005 | Motion | Filed Response to Order to Show Cause. Respondent/Cross-Appellant. | | 05-02044
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| 02/03/2005 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 05-02196
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| 03/02/2005 | Order/Procedural | Filed Order. Allowing Appeal and Cross-Appeal to Proceed. When our preliminary review of the docketing statement and the NRAP 3(e) documents revealed a potential jurisdictional defect, we ordered appellants and cross-appellant to show cause why this appeal and cross-appeal should not be dismissed for lack of jurisdiction. Specifically, we were concerned that the district court had not entered a final judgment because it appeared that cross-appellant's third-party complaint remained pending as to third-party defendants VTN Nevada, Diamond Construction, Knipp Brothers, MS Concrete Company, Inc., Pearson Masonry, Post Tension of Nevada, Automatic Door, and Champion Drywall. In response to this court's show cause order, cross-appellant submitted district court orders and notices formally dismissing each of the above-named third-party defendants, the last of which was entered on January 25, 2005. On January 31, 2005, cross-appellant timely filed an amended notice of appeal. Accordingly, as this court has jurisdiction to consider this appeal and cross-appeal, they shall be permitted to proceed as briefed. fn2[ Appellants failed to respond to this court's show cause order or to file an amended notice of appeal, as directed. Although we disapprove of appellants' conduct, we note that, under NRAP 4(a)(6), premature notices of appeal now operate prospectively through the entry of a final judgment; accordingly, this court has jurisdiction over this appeal as well as over this cross-appeal.] | | 05-04065
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| 03/31/2005 | Other | Disqualification of Justice Gibbons. | | |
| 04/25/2005 | Notice/Incoming | Filed Notice. Horizon's Memorandum of Supplemental Authorities. | | 05-08152
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| 05/04/2005 | Brief | Filed Supplemental Authorities. Appellants' Response ot Horizon's Memorandum of Supplemental Authorities. | | 05-08780
|
| 05/18/2005 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on June 15, 2005, at 9:00 a.m. (SNP05-NB/RR/JH) | | |
| 06/01/2005 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 06/15/2005 | Case Status Update | Submitted for Decision. Before the Southern Nevada Panel. SNP05-NB/RR/JH | | |
| 07/12/2005 | Order/Procedural | Filed Order/Submit on Briefs. Order for En Banc Consideration and Submitting for Decision Without Further Oral Argument. Oral argument in this matter was held on June 15, 2005, before the Southern Nevada Panel. We have determined that en banc consideration of this appeal is warranted. This appeal shall stand submitted for decision without further argument to the En Banc Court as of the date of this order on the briefs filed herein. NRAP 34(f)(1). | | 05-13823
|
| 07/12/2005 | Case Status Update | Submitted for Decision. To the En Banc Court. EN BANC | | |
| 04/27/2006 | Opinion/Dispositional | Filed Authored Opinion. "Affirmed in part, reversed in part and remanded with instructions." fn1[The Honorable Mark Gibbons, Justice, voluntarily recused himself from participation in the decision of this appeal.] Before the Court EN BANC. Author: Rose, C.J. We concur: Becker, Maupin, Douglas, Hardesty and Parraguirre, JJ. 122 Nev. Adv. Opn. No. 37. EN BANC. | | 06-08878
|
| 05/15/2006 | Filing Fee | Received Filing Fee Paid on Filing. $150 from Lemons Grundy & Eisenberg-check no. 12384. | | |
| 05/15/2006 | Motion | Filed Motion for Excess Pages. Motion for Permission to file Petition for Rehearing in Excess of 10 Pages. | | 06-10187
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| 05/15/2006 | Post-Judgment Petition | Received Petition for Rehearing. | | 06-10188
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| 06/12/2006 | Order/Procedural | Filed Order Granting Motion. The clerk of this court shall file the 12 page petition for rehearing received on May 15, 2006. | | 06-12239
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| 06/12/2006 | Post-Judgment Petition | Filed Petition for Rehearing. Respondent/Cross-Appellant's Petition for Rehearing. | | 06-10188
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| 07/06/2006 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). fn1[The Honorable Mark Gibbons, Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC | | 06-13957
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| 07/21/2006 | Notice/Incoming | Filed Notice. Appellants' Verified Bill of Costs. | | 06-15249
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| 08/04/2006 | Motion | Filed Motion. Motion to Deny Appellant's Recovery of Costs Contained Within Verified Bill of Costs pursuant to NRAP 39(a) and (c). | | 06-16192
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| 08/15/2006 | Motion | Filed Response to Motion. Appellants' Opposition to Respondent's Motion to Deny Appellants' Verified Bill of Costs. | | 06-17010
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| 08/16/2006 | Order/Procedural | Filed Order. Granting Costs. On August 4, 2006 respondent file a "Motion to Deny Appellant's Recovery of Costs." Appellants have opposed respondent's motion. We determined that appellants are the prevailing party and entitled to costs. We grant appellants cost on appeal in the amount of $250.00 only. The clerk of this court shall issue a memorandum of costs in the amount of $250.00 for insertion in the remittitur. We deny respondent's motion to deny appellants recovery of costs. | | 06-17035
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| 08/16/2006 | Remittitur | Issued Memorandum of Costs. Costs allowed and taxed: $250.00. | | 06-17133
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| 08/16/2006 | Remittitur | Issued Remittitur. Memorandum of Costs and Disbursments issued with Remittitur. | | 06-17136
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| 08/16/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 08/21/2006 | Other | Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a))," Reply to Appellant's Opposition to Cross-Appellant's Motion to Deny Appellant's Recovery of Costs contained within Verified Bill of Costs Pursuant to NRAP 39(a) and (c)." | | |
| 08/23/2006 | Remittitur | Filed Remittitur. Received by County Clerk on August 18, 2006. | | 06-17136
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