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United States Court Cases

Nevada Supreme/Appellate Court Record

WRAY VS. JOHNSON C/W 34914

Case Information: 35027
Short Caption:WRAY VS. JOHNSON C/W 34914Court:Supreme Court
Consolidated: 34914 *, 35027Related Case(s): 34914
Lower Court Case(s):Clark Co. - Eighth Judicial District - A387472Classification:Civil Appeal - Family Law - Proper Person
Disqualifications:YoungCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:07/26/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/25/1999OtherDisqualification of Justice Young. Law firm of Lionel Sawyer & Collins.
10/25/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from David M. Wray--check no. 1712.
10/25/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-10460
11/03/1999Order/ProceduralFiled Order/Transmit Record and Directing Response. Original record due: 30 days. fn1--[The record shall not include any exhibits filed in the district court.] 99-10762
11/19/1999TranscriptFiled Transcript. Proceedings: July 19, 1999, August 30, 1999. Court Reporter: Carrie A. Hansen. 99-11576
12/08/1999Record on Appeal DocumentsFiled Record on Appeal. Volumes 1 through 10. Mailed on 12/03/99. 99-12331
12/08/1999Case Status Update Submitted for Decision.
01/31/2001Order/ProceduralFiled Order. Retain counsel and enter appearance with this court: 30 days from the date of this order; fifteen days to comply with the provisions of NRAP 9(a) and 120 days from the date counsel enters an appearance to file the opening brief and appendix. Briefing shall then proceed with NRAP 31(a)(1). Failure to comply with this order may result in the immediate dismissal of this appeal. 01-02114
03/05/2001MotionReceived Proper Person Motion. Motion Requesting Extension of Time to Retain Counsel. 01-03980
07/11/2001Order/ProceduralFiled Order. Order Consolidating Appeals and Submitting Appeals on the Briefs and Record. David Wray requests that appeal nos. 34919 and 35027 be consolidated and that he be allowed to adopt the briefs filed by James Wray in Docket No. 35027 under NRAP 28(I). David Wray also seeks permission to file a supplemental brief addressing the statue of limitations issue. Having considered the documents filed by the parties, we conclude that these appeals should be consolidated. Accordingly, we grant David Wray's motion to consolidate, and direct the clerk of this court to consolidate Docket No. 34914 and 35027 for all appellate purposes. We also grant David Wray's request to adopt the briefs filed by James Wray in Docket No. 35027. We conclude, however, that additional briefing is not warranted, and we deny David Wray's request to file a proper person supplemental brief. Further, in light of this order, we deny David Wray's alternative request for an extension of time to retain counsel. Finally, these consolidated appeals shall stand submitted for decision on the briefs and record before this court. Fn2[David Wray also submitted a motion for leave to file documents in proper person under NRAP 46(b). We grant the motion for limited purpose that David Wray may respond to our order to retain counsel. The clerk of the court shall file David Wray's proper person documents provisionally received on March 5, 2001. Nos. 34914/35027.
07/11/2001MotionFiled Proper Person Motion. Motion Requesting Extension of Time to Retain Counsel. 01-03980
07/11/2001MotionFiled Proper Person Motion. Motion for Leave to file Documents in Proper Person. 01-03982
07/11/2001MotionFiled Proper Person Motion. Motion to Consolidate: Docket Nos. 34914 & Docket No. 35027. 01-03984
07/11/2001Other Incoming DocumentFiled Proper Person Document. Certificate of Mailing. 01-03986
07/11/2001MotionFiled Response to Motion. Opposition to Motion Requeting Extension of Time to Retain Counsel. 01-04543
07/11/2001Case Status Update Submitted for Decision. Nos. 34914/35027.
11/19/2001Notice/IncomingReceived Notice. Errata to the Reply Brief of Appellant, James Wray, to the Answering Brief filed on behalf of Respondent/Defendant, David Johnson. Nos. 34914/35027
11/26/2001MotionFiled Motion. Motion to File Errata to the Reply Brief of Appellant, James Wray, to the Answering Brief filed on behalf of Respondent/Defendant, David Johnson. Nos. 34914/35027
12/03/2001Order/ProceduralFiled Order Granting Motion. filed November 26, 2001, in Docket No. 34914. The clerk of this court shall file the errata received on November 19, 2001, in Docket No. 34914 only. Nos. 34914/35027. (01-20203)
12/03/2001Notice/IncomingFiled Notice. Errata to the Reply Brief of Appellant, James Wray, to the Answering Brief filed on behalf of Respondent/Defendant, David Johnson. Errata filed in docket No. 34914 only. Nos. 34914/35027. (01-19370)
12/04/2001Case Status Update Resubmitted for Decision. Panel: Southern Nevada Panel. Nos. 34914/35027. SNP02M-WM/DA/ML
12/07/2001Notice/OutgoingIssued Notice of Modification of Caption. Added " Charles Johnson, Individually" to respondents.
12/12/2001Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP02M-WM/DA/ML. Nos. 34914/35027. 01-20921
12/20/2001Filing FeeReceived Filing Fee Paid on Filing. $100 from James Wray - check no. 2229.
12/20/2001Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: December 19, 2001. Nos. 34914/35027 (01-21510).
01/02/2002Post-Judgment PetitionFiled Petition for Rehearing. Amended Petition for Rehearing of Appellant, James Wray, Intended to Replace the Earlier Petition. No.s 34914/35027 (02-00060)
01/03/2002Other Incoming DocumentReceived Proper Person Document. Appellant, David Wray's Joinder in the Petition for Rehearing of Appellant, James Wray. Nos. 34914/35027 (02-00181)
04/03/2002Post-Judgment OrderFiled Order/Rehearing Denied. ORDER DENYING PETITION FOR REHEARING AND AMENDING PRIOR ORDER. Having considered this petition for rehearing we conclude that appellants have not demonstrated that rehearing is warranted. Accordingly, we deny rehearing. However, we amend our December 12, 2001 order of affirmance as follows. The last two sentences on page two, stating: The Wrays presented no evidence establishing such a relationship or duty here. Accordingly, an estate-planning attorney owes no duty to potential beneficiaries with whom no attorney-client relationship exists. Shall be replaced with the following: Even assuming without deciding, that an estate-planning attorney owes a duty to potential beneficiaries under certain circumstances, we conclude that appellants presented no evidence establishing the existence of such a duty in this case. Nos. 34914/35027 (02-05965) SNP02M-WM/DA/ML.
04/03/2002Other Incoming DocumentFiled Proper Person Document. Appellant, David Wray's Joinder in the Petition for Rehearing of Appellant, James Wray. Nos. 34914/35027
04/05/2002Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Mailed on: 4/4/02. Nos. 34914/35027 (02-06082)
04/09/2002Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Petition For En Banc Reconsideration. Amended Petition For En Banc Reconsideration Intended To Replace The Earlier Petition. Nos. 34914/35027 (02-06313).
04/09/2002MotionFiled Motion for Stay. Emergency Application For Stay of Remittitur Pending En Banc Reconsideration Intended To Be Directed To Each Justice As Well As Appropriate Staff. Nos. 34914/35027 (02-06313).
04/12/2002Order/ProceduralFiled Order Denying Motion. Denying Motion to Stay Issuance of the Remittitur. On April 3, 2002, this court entered an order denying appellants' petition for rehearing. On April 9, 2002, appellant in Docket No. 34914 filed a motion requesting this court to stay issuance of the remittitur pending resolution of his petition for en banc reconsideration. No good cause appearing, we deny the motion. The clerk of this court shall issue the remittitur on April 18, 2002. Nos. 34914/35027. (02-06592)
04/16/2002Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Emergency Motion for En Banc Reconsideration of the "Order Denying Motion to Stay Issuance of the Remittitur" which was Filed April 12, 2002. (filed via fax) Nos. 34914/35027 (02-06779)
04/17/2002Other Incoming DocumentReceived Proper Person Document. Appellant, David Wray's Joinder in the Petition for En Banc Reconsideration and Application for a Stay filed by Appellant, James Wray. Nos. 34914/35027 (02-06888).
04/26/2002Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Denying Motion for En Banc Reconsideration of the Order Denying Motion to stay Issuance of the Remittitur. On April 16, 2002, Mr. Wray filed a motion for en banc reconsideration of the April 12, 2002, order. Having reviewed the April 9, 2002, motion for stay and the April 16, 2002, motion for en banc reconsideration, we conclude that a stay of the issuance of the remittitur is not warranted. 'We deny appellant James Wray's motion for en banc reconsideration of the April 12, 2002, order denying his motion to stay issuance of the remittitur.' The clerk of this court shall issue the remittitur in Docket Nos. 34914 and 35027. fn1[Justice Young has voluntarily recused himself from participation in this appeal.] EN BANC. Nos. 34914/35027. (02-07414)
04/26/2002RemittiturIssued Remittitur. 02-07453
04/26/2002Case Status Update Remittitur Issued/Case Closed.
04/30/2002Order/ProceduralFiled Order. Order Directing Answer to Petition for En Banc Reconsideration. Appellants have petitioned this court for en banc reconsideration of the Order of Affirmance entered by a panel of this court on December 12, 2001. Having reviewed the petition, it appears that an answer will assist the court in resolving the issues presented. Accordingly, respondents shall have 30 days from the date of this order within which to file and serve an answer to the petition. In light of this order, we recall the remittitur issued on April 26, 2002. Nos. 34914/35027 (02-07638).
05/10/2002RemittiturFiled Remittitur. Received by County Clerk on April 29, 2002. 02-07453
05/29/2002Post-Judgment PetitionFiled Answer to Petition for En Banc Reconsideration. Respondent, Charles Johnson's Answer to Appellant's Amended Petition for En Banc Reconsideration Intended to Replace Earlier Petition. Nos. 34914/35027 (02-09361)
05/30/2002Post-Judgment PetitionFiled Answer to Petition for En Banc Reconsideration. Respondent David Johnson's Answer to Petition for En Banc Reconsideration. Nos. 34914/35027 (02-09422).
07/26/2002Post-Judgment OrderFiled Order Granting En Banc Reconsideration. We grant the petition for en banc reconsideration and submit this matter for decision on reconsideration without further briefing or oral argument. NRAP 40A(f). Nos. 34914/35027. (02-12866)
07/26/2002Case Status Update Submitted for Decision. Submitted on en banc reconsideration.
12/17/2002Order/DispositionalFiled Order of Affirmance. On July 26, 2002, this court granted appellants' petition for en banc reconsideration. This decision is issued in lieu of our order of affirmance issued by the Southern Panel on December 12, 2001. "ORDER the judgment of the district court AFFIRMED." fn7[The Honorable Cliff Young, Chief Justice, voluntarily recused himself from participation in the decision of this matter.] En Banc-Shearing, Agosti, Leavitt, and Becker, JJ. Maupin, J., with whom Rose, J. agrees, concurring in part and dissenting in part. Nos. 34914/ 35027. 02-21579
12/31/2002Filing FeeReceived Filing Fee Paid on Filing. $100 from James Wray--check no. 2578.
12/31/2002Post-Judgment PetitionFiled Petition for Rehearing. Petition for Rehearing as a Result of the En Banc Order of Affirmance filed December 17, 2002. Nos. 34914/35027. [02-22229]
01/03/2003Post-Judgment PetitionReceived Proper Person Petition for Rehearing. Appellant, David Wray's Joinder in the Petition of Appellant, James Wray, for Rehearing as a Result of the En Banc Order of Affirmance filed December 17, 2002. Nos. 34914/35027 [03-00145]
02/20/2003Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). fn1[The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] EN BANC. Nos. 34914/35027. 03-02861
02/25/2003MotionFiled Motion. Motion that the Nevada Supreme Court Correct its Fraudulent Orders of December 17, 2002, and February 20, 2003, & that the Nevada Supreme Court Find its Orders (as Now Incorrectly Written) are in Violation of Section 1 of the 14th Amendment to the United States Constitution. Nos. 34914/35027 [03-03136]
03/03/2003MotionFiled Response to Motion. Respondent David Johnson's Opposition to Motion that the Nevada Supreme Court Corrects its Fraudulent Orders of December 17, 2002 and February 20, 2003, & that the Nevada Supreme Court finds its Orders are in Violation of Section 1 of the 14th Amendment to the United States Construction. Nos. 34919/35027 (03-03374).
03/05/2003MotionFiled Response to Motion. Respondent, Charles Johnson's Opposition to Appellant's "Motion that the Nevada Supreme Court Corrects its Fraudulent Orders of December 17, 2002 and February 20, 2003, & that the Nevada Supreme Court finds its Orders are in Violation of Section 1 of the 14th Amendment to the United States Constitution." Nos. 34919/35027. [03-03655]
03/10/2003MotionFiled Motion. Motion for Stay of Remittitur pending Application to the Supreme Court of the United States for a Writ of Certiorari & Motion for Permission to Fie a Reply to the Oppositions filed by Respondents to Appellant's Motion that the Nevada Supreme Court Correct Its Fraudulent Orders. Nos. 34914/35027 [03-03982]
03/21/2003Order/ProceduralFiled Order Denying Motion. On December 12, 2001, a three-judge panel of this court entered an Order of Affirmance in these consolidated appeals. The petition for rehearing was denied on April 3, 2002. En banc reconsideration was granted on July 26, 2002, and on December 17, 2002, the en banc court entered a new Order of Affirmance in these consolidated appeals. En banc rehearing was denied on February 20, 2003. On February 25, 2003, appellant James Wray filed a motion what he claims are 6 falsehoods that are contained in this court's December 17, 2002, and February 20, 2003, orders. Respondents oppose the motion. Additionally, respondent Charles Johnson requests this court to award him attorney fees and costs for having to answer 'frivolous Motions, Petitions, Petitions for Rehearing, and Petitions for Reconsideration.' On March 10, 2003, Mr. Wray filed a motion requesting leave to file a reply to respondents' oppositions. No good cause appearing, we deny the motion to file a reply. Mr. Wray appears to be asking this court to again rehear these consolidated appeals. Because this court has already considered and denied appellants' petition for en banc rehearing, we deny Mr. Wray's motion. Further, we conclude that the imposition of sanctions is not warranted at this time and we deny Mr. Johnson's request. On March 10, 2003, Mr. Wray filed a motion requesting this court to stay issuance of the remittitur pending his application to the Supreme Court of the United States for a writ of certiorari. No good cause appearing, we deny the motion. Because appellants have exhausted all available remedies in these consolidated appeals, the parties shall be prohibited from filing any additional documents in these consolidated appeals. The clerk of this court shall return, unfiled, any future documents that may be submitted in these consolidated appeals. fn1[The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] Nos. 34914/35027. (03-04824)
03/21/2003RemittiturIssued Remittitur. Returned Record on Appeal, Vols. 1 through 10 this day. 03-04845
03/21/2003Case Status Update Remittitur Issued/Case Closed.
04/03/2003RemittiturFiled Remittitur. Received by County Clerk on March 24, 2003. 03-04845