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United States Court Cases

Nevada Supreme/Appellate Court Record

ABBOTT VS. EARL E. GAMES, INC.

Case Information: 36273
Short Caption:ABBOTT VS. EARL E. GAMES, INC.Court:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9803682Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:06/15/2000 / Olsen, PhilipSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:07/09/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/13/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Offices of James Shields Beasley--check no. 2066.
06/13/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-10033
06/15/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Philip A. Olsen. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
08/31/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-15409
08/31/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
09/11/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of this appeal. 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). 00-15926
09/13/2000Docketing StatementFiled Docketing Statement. 00-16134
09/21/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 9/7/99; 9/8/99; 9/14/99; 9/22/99; 10/18/99; 10/19/99 and 11/3/99. To Court Reporter: Sierra Nevada Reporters. 00-16721
10/20/2000TranscriptFiled Transcript. Proceedings: 9/7/99 (2); 9/8/99; 9/14/99; 9/22/99; 9/22/99 and 10/18/99; 10/19/99; 11/3/99. Court Reporters: Kate Murray, Cindy Lee Brown, Lesley A. Clarkson, and Cindy Lee Brown. 00-18661
12/28/2000MotionFiled Motion. Motion to Direct the District Court to Transmit the Original Exhibits. 00-22660
01/09/2001BriefFiled Opening Brief. Mailed on: Hand delivered 01/09/01 (Reno/Carson). 01-00513
01/09/2001AppendixFiled Joint Appendix. 01-00514
02/07/2001MotionFiled Stipulation and Order. Brief due: March 12, 2001. 01-02476
02/28/2001Order/ProceduralFiled Order Denying Motion. On December 28, 2000, appellant filed a motion requesting this court to direct the district court clerk to transmit all the original exhibits admitted into evidence in the case below. We deny appellant's motion to transmit all original exhibits. Our denial is wihtout prejudice to appellant filing a more detailed motion specifying the reasons that particular exhibits may be necessary to this court's review of the issues on appeal. We remind appellant that this court will disregard any improper references or statement sin our review of the briefs, including statements supported by references to exhibits that have not been transmitted to this court. 01-03777
03/02/2001BriefFiled Answering Brief. Mailed on: Hand delivered 03/02/01 (Reno/Carson). 01-03910
03/09/2001MotionFiled Motion. Motion for Order Transmitting Original Exhibits. 01-04334
03/26/2001MotionFiled Motion. Motion for Order Transmitting Original Exhibits. 01-05283
03/28/2001BriefFiled Reply Brief. Mailed on: Hand delivered 03/28/01 (Reno/Carson). 01-05450
03/28/2001Case Status Update Briefing Completed.
04/02/2001Notice/IncomingFiled Certificate of Compliance. To Appellant's Reply Brief. (Place in original and copies of reply brief.) 01-05614
04/02/2001MotionFiled Motion. Motion to Expedite Appeal. 01-05619
05/09/2001Order/ProceduralFiled Order. On March 9, 2001, appellant filed a motion requesting this court to direct the clerk of the district court to transmit particular original exhibits admitted in the proceedings below in district court case no. CV9803682. Specifically, appellant requested the following exhibits be transmitted: Exhibits 12A-12D; Exhibit 16; Exhibit 15; and Exhibit 9. We grant the unopposed motion. In addition to the exhibits enumerated above, the clerk of the district court shall also transmit to this court, the following additional original exhibits: Exhibit 30, Exhibit 31, and Exhibit 24. On March 26, 2001, respondents filed a motion requesting this court to direct the district court to transmit particular exhibits from the proceedings below. Specifically, respondents requested that the following exhibits be transmitted: Exhibits 2A-J; Exhibits 3A-C; Exhibits 10, 11, 18, 19, 20, 21, 22, 23, 24, 25, and 33; Exhibits 34A-R; and Exhibits 35 and 36. We grant the unopposed motion. In addition to the exhibits noted above, the clerk of the district court shall transmit the following additional original exhibits: Exhibit 4, Exhibit 8, and Exhibit 26. The clerk of the district court shall transmit all of the original exhibits enumerated in this order to the clerk of this court within 20 days from the date of this order. On April 2, 2001, appellant filed a motion to expedite this appeal. We grant that unopposed motion. Accordingly, we shall expedite the resolution of this case as this court's calendar permits. 01-07734
07/09/2001Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. 01-11435
07/09/2001Case Status Update Submitted for Decision. NNP01A-MS/DA/RR.
09/07/2001Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn7[We do not agree with Abbott that the fact that Games allowed otheres to use its property as a staging area automatically constitutes an expansion of its prior nonconforming use.] fn8[Because we uphold the district court's conclusion that Games's use did not constitute a substantial and unreasonable interference, we need not address Abbott's contentions regarding public nuisance or nominal damages.] NNP01A-WM/DA/RR 01-15151
09/14/2001Filing Fee Filing Fee due.
09/14/2001Post-Judgment PetitionFiled Petition for Rehearing. Appellant Sybil Abbott's Petition for Rehearing [NRAP 40] Mailed on: 09/14/01. 01-15600
09/19/2001Filing FeeReceived Filing Fee Paid on Filing. $100 from James Shields Beasley-check no. 2964.
03/29/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." fn1[NRAP 40( c).] NNP01A-WM/DA/RR 02-05595
04/16/2002RemittiturIssued Remittitur. Returned Exhibits: 15-cassette tape; 2a thru 2j-black and white photographs; 3-aerial photographs; 8a thru 8e-certified council minutes; 9-letter; 10-staff report; 11-staff report; 18-notification letter; 19-interlocal cooperative agreement; 20-second notification letter; 21-construction contract; 22-letter; 23-minutes; 24-letter; 25-conditional dust plan approval; 26-letter; 30-land use plan; 31-annexation of territory; 33-geotechinal investigation; 34a thru r-various photographs; 35-letter of approval from city of Reno; and 36-photograph of caterpiller. 12A-12D-large picture board with various photgraphs; 4A-4C-large boards with aerial photgraphs; and 16 large picture board with various photographs this day. 02-05709
04/16/2002Case Status Update Remittitur Issued/Case Closed.
04/23/2002RemittiturFiled Remittitur. Received by County Clerk on April 17, 2002. 02-05709