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United States Court Cases

Nevada Supreme/Appellate Court Record

HORGAN VS. FELTON

Case Information: 45551
Short Caption:HORGAN VS. FELTONCourt:Supreme Court
Lower Court Case(s):Douglas Co. - Ninth Judicial District - 00CV0262Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:07/12/2005 / Berkson, LesterSP Status:Completed
Oral Argument:05/08/2007 at 11:00 AMOral Argument Location:Carson City
Submission Date:05/08/2007How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/06/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Hale firm - check no. 068062.
07/06/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. (Jepsen Properties, Edward Biggs, Charlotte Biggs, Biggs Family Trust). Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 05-13404
07/12/2005Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
07/18/2005Docketing StatementFiled Docketing Statement. Biggs and Jepsen Properties. 05-14316
07/20/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 on cross-appeal from Lionel Sawyer & Collins--check no. 030013.
07/20/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Horgans and Spiekers). (Docketing statement mailed to counsel for cross-appellant.) 05-14368
07/20/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Law Office of Richard Glasson--check no. 1411.
07/20/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. (D.D. and Paul Felton, Felton Family Ltd. Partnership, Jane and Robert Daiss and Jane Daiss Trust). Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 05-14369
07/20/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 on cross-appeal from Law Offices of Michael B. Springer--check no. 11258.
07/20/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Cathy McAuliffe, Charles Wilson & Debra Wilson). (Docketing statement mailed to counsel for cross-appellant.) 05-14371
07/20/2005Notice/OutgoingIssued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired.
07/21/2005Notice/Outgoing Letter. Lester H. Berkson. (Amended Notice of Appeal and Cross-Appeals)
07/22/2005Docketing StatementFiled Docketing Statement. Appellants/Cross-Respondents Horgans and Spiekers. 05-14625
07/26/2005Docketing StatementFiled Docketing Statement. Respondents/Cross-Appellants Felton and Daiss. 05-14831
07/29/2005Docketing StatementFiled Docketing Statement. Appellants/Cross-Respondents McAuliffe and Wilson. 05-15140
09/02/2005Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. 05-17406
10/21/2005MotionFiled Motion for Stay. Motion for Stay Pending Appeal from respondents/cross-appellants Jepsen Properties and Edward and Charlotte Biggs. 05-20940
10/31/2005MotionFiled Motion for Stay. Motion for Stay Pending Appeal and Joinder in Motion for Stay Pending Appeal. 05-21424
11/02/2005MotionFiled Response to Motion. Appellants/Cross-Respondents Horgans' and Spiekers' Opposition to Respondents/Cross-Appellants' Motions for a Stay Pending Appeal. 05-21601
11/02/2005MotionFiled Motion to Strike. Appellants' Motion to Strike Exhibits D and G and Related Text from Respondents' Motion for a Stay Pending Appeal. 05-21602
11/10/2005MotionFiled Response to Motion. Respondent/Cross-Appellants Jepsen/Biggs' Reply in Support of Motion for Stay Pending Appeal and Response to Appellant/Cross-Respondents Horgans' and Spiekers' Motion to Strike Exhibits. 05-22206
11/22/2005MotionFiled Motion to Strike. Appellants' Motion to Strike Respondents' Pleading Filed on or about November 14, 2005. 05-23056
11/30/2005MotionFiled Response to Motion. Opposition to Appellant's Motion to Strike/Motion for Leave to File Reply. 05-23501
12/20/2005MotionFiled Motion. Motion for Leave to File Supplemental Authority in Support of Motion for Stay Pending Appeal and Attached Supplemental Authority. 01/18/06 Order-fn4: detached the Supplemental Authority and returned unfiled.jcr 05-24767
12/30/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 05-25463
01/18/2006Order/ProceduralFiled Order Denying Motion. We deny respondents' request for a stay pending resolution of the appeals and cross-appeals. Respondents may renew their stay motion in the district court. fn4[We deny as moot the motions to strike filed on November 2, and 22, 2005. We also deny as moot the November 30, 2005 motion for leave to file a reply, and the December 20, 2005 motion for leave to file supplemental authority. The clerk shall return unfiled the supplemental authority attached to the December 20 motion. 06-01192
01/18/2006Other Returned Unfiled Document. the Supplemental Authority, to the Hale firm. (Detached the Supplemental Authority from the Motion filed December 20, 2005.)
02/14/2006Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. Appellants/cross - respondents (appellants) and respondents/cross - appellants (respondents) each: 15 days to comply with NRAP 9(a). Appellants: 90 days to file and serve opening brief and appendix. 06-03212
02/28/2006Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 06/23/04, 06/24/04, and 06/25/04. To Court Reporter: Carrie Hewerdine. 06-04582
03/01/2006Transcript RequestFiled Request for Transcript of Proceedings. Appellant/Cross-Respondent. Transcripts requested: June 23-35, 2004. To Court Reporter: Capital Reporters. 06-04673
03/01/2006Transcript RequestFiled Request for Transcript of Proceedings. Appellant/Cross-Respondent. Transcripts requested: 11/08/01. To Court Reporter: Joan Wilder. 06-04674
03/27/2006TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 11/08/01. Court Reporter: Joan Wilder. 06-06416
03/27/2006TranscriptFiled Transcript. Proceedings: 06/23/04, 06/24/04, and 06/25/04. Court Reporter: Carrie Hewerdine. 06-06450
05/15/2006MotionFiled Stipulation and Order. Brief due: June 14, 2006. 06-10172
05/18/2006MotionFiled Motion to Extend Time. Michael Springer. 06-10441
05/23/2006Order/Clerk'sFiled Clerk's Order Granting Motion. Appellants Cathy J. McAuliffe, Charles J. Wilson and Debra S. Wilson shall have until June 14, 2006, to file and serve their opening brief and appendix or a joinder in the opening brief of the Horgan appellants. 06-10858
06/15/2006BriefFiled Opening Brief. Appellants/Cross-Respondents Horgans and Spiekers 06-12516
06/15/2006AppendixFiled Joint Appendix. Vols. 1 through 4. 06-12517
06/15/2006BriefFiled Joinder to Brief. Appellants/Cross-Respondents McAuliffe and Wilsons Joinder in the Opening Brief of Horgan and Spieker. 06-12520
07/12/2006MotionFiled Stipulation and Order. Stipulation for Extension of Time for Respondents/Cross-Appellants Jepsen Properties, Inc. and Edward and Charlotte Biggs as Trustees of the Biggs Family Trust dated August 12, 1986 to file Answering/Opening Brief. Brief due: August 16, 2006. 06-14334
07/14/2006BriefFiled Answering Brief. Respondents Daiss' and Feltons' Reply Brief and Cross-Apellants Daiss and Feltons' Opening Brief. 06-14691
08/16/2006MotionFiled Stipulation and Order. Appellants/Cross-Respondents Horgan and Spieker Reply Brief (re: Felton/Daiss [answering] brief). Brief due: September 18, 2006. 06-17066
08/16/2006MotionFiled Motion to Extend Time. Respondents/Cross-Appellants Jepsen Properties, Inc. and Biggs. Motion for One (1) Week Extension of Time to File Opening /Answering Brief. 06-17105
08/22/2006Order/Clerk'sFiled Clerk's Order Granting Motion. The Jepsen/Biggs respondents shall have 5 days from the date of this order to file their combined brief. 06-17406
08/24/2006BriefFiled Answering Brief. Respondents/Cross-Appellants Biggs and Jepsen Properties. 06-17590
08/25/2006MotionFiled Stipulation and Order. Brief due: September 18, 2006. 06-17743
09/19/2006BriefFiled Reply Brief. Appellants/Cross-Respondents Horgans and Spiekers. (Reply to Felton and Daiss' Answering Brief). 06-19290
09/19/2006BriefFiled Joinder to Brief. Appellants/Cross-Respondents McAuliffe and Wilsons Joinder to Appellants/Cross-Respondents Horgans and Spiekers Reply Brief. 06-19292
09/25/2006MotionFiled Stipulation. Horgan and Spieker. 06-19643
10/02/2006BriefFiled Joinder to Brief. Appellants/Cross-Respondents McAuliffe and Wilsons Joinder to Horgan and Spieker's Reply Brief (reply to Jepsen/Biggs answering brief). 06-20217
10/09/2006Order/ProceduralFiled Order/Stipulation Approved. The clerk shall file the reply brief received from Horgan and Spieker on October 2, 2006. Respondents/cross-appellants' reply briefs on cross-appeal due: 30 days. 06-20607
10/09/2006BriefFiled Reply Brief. Appellants/Cross-Respondents' Horgan and Spieker's Answering Brief and Reply Brief (reply to Jepsen/Biggs answering brief). 06-20216
10/13/2006BriefFiled Reply Brief on Cross-Appeal. Respondent/Cross-Appellant Felton and Daiss. 06-21110
10/26/2006Case Status Update Briefing Completed. No reply brief filed (Respondents/Cross-Appellants Biggs and Jepsen Properties).
11/02/2006MotionFiled Stipulation. Stipulation and Extension of Time for Cross-Appellants Jepsen Properties, Inc. and Edward and Charlotte Biggs to File Reply Brief. 06-22387
11/06/2006Order/Clerk'sFiled Clerk's Order Approving Stipulation. Respondents/cross-appellants Jepsen Properties, Inc., Edward F. Biggs and Charlotte L. Biggs shall have until December 1, 2006, to file and serve their reply brief on cross-appeal. 06-22594
12/01/2006BriefFiled Reply Brief. Respondents/Cross-Appellants Biggs and Jepsen Properties 06-24658
12/12/2006Notice/IncomingFiled Errata. Errata to Cross-Appellants/Respondents Jepsen Properties, Inc.'s and Edward and Charlotte Biggs as Trustees of the Biggs Family Trust Dated August 12, 1986's Reply Brief. 06-25390
01/09/2007Notice/IncomingFiled Notice of Change of Address. Michael B. Springer. 07-00643
03/20/2007Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on May 8, 2007, at 11:00 a.m. (En Banc) 07-06347
04/23/2007Notice/OutgoingIssued Oral Argument Reminder Notice. 07-08958
04/26/2007MotionFiled Motion. Motion for Leave to File Supplemental Authority. 07-09304
04/27/2007Order/ProceduralFiled Order Granting Motion. The clerk shall file the supplemental authorities received on April 26, 2007. 07-09516
04/27/2007BriefFiled Supplemental Authorities. 07-09305
05/08/2007Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC.
11/21/2007Opinion/DispositionalFiled Authored Opinion. "Affirmed in Part and Reversed in Part." Before the Court EN BANC. Author: Cherry, Michael A. We concur: Gibbons/Hardesty/Parraguirre/Douglas/Saitta. Maupin, C.J. concurring: Fn27 [We have considered the parties' other arguments and conclude that they lack merit.] 123 Nev Adv. Opn. No. 53 EN BANC. 07-25374
12/04/2007Letter/IncomingFiled Letter. from Attorney Richard Glasson regarding the opinion filed on 11/21/07. 07-26222
12/11/2007Letter/IncomingFiled Letter. from Attorney Richard Elmore regarding the opinion filed on 11/21/07. 07-26905
12/12/2007Notice/OutgoingIssued Letter. to attorneys Richard Glasson and Richard Elmore re: correction to opinion. 07-26943
12/13/2007Notice/OutgoingIssued Letter. to publishers re: corrections to opinons in 44467 and 45551. 07-27043
12/18/2007RemittiturIssued Remittitur. 07-26965
12/18/2007Case Status Update Remittitur Issued/Case Closed.
12/26/2007RemittiturFiled Remittitur. Received by County Clerk on December 21, 2007. 07-26965