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United States Court Cases

Nevada Supreme/Appellate Court Record

KOBEL VS. CHASE MANHATTAN BANK

Case Information: 38566
Short Caption:KOBEL VS. CHASE MANHATTAN BANKCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A418504Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/17/2001 / Roitman, HowardSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:12/13/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/04/2001Filing Fee Filing Fee due.
10/04/2001MotionFiled Motion for Stay. Appellant's Motion for Stay Pending Appeal (Exceptional Circumstances - Single Justice Review Sought). Via fax. 01-16752
10/09/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Simon & Berman Law Offices--check no. 7935.
10/09/2001Notice 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.) 01-17020
10/11/2001Order/ProceduralFiled Order Granting Motion. filed October 4, 2001. We grant appellants' motion and we temporarily stay the execution proceedings in the district court in Case Number A418504 pending our receipt and consideration of any response to the motion. 01-17127
10/11/2001MotionFiled Motion for Stay. Original. Filed via fax on 10/4/01. 01-17178
10/11/2001MotionFiled Response to Motion. Opposition to Appellants' Motion for Stay Pending Appeal. 01-17186
10/17/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Howard Roitman. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/25/2001MotionFiled Motion for Permission to File Document. Appellants' Request to File Reply to Respondent's Opposition to Motion for Stay Pending Appeal. 01-17987
10/29/2001MotionFiled Response to Motion. Opposition to Appellants' Request to file Reply to Respondent's Opposition to Motion for Stay Pending Appeal. 01-18102
10/31/2001Other Other. Filed Chase Manhattan Bank's Written Authorization to Jeremy T. Bergstrom, Esq. to Resolve Case in its entirety and Request for Waiver of Appearance. 01-18238
12/03/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-20187
12/13/2001Order/ProceduralFiled Order Granting Motion. We granted a temporary stay on October 11, 2001, pending our receipt and consideration of any opposition to the motion. We have received respondent's opposition. We conclude that our stay should remain in effect for the duration of this appeal, provided that appellants remit their $1,200 mortgage payment monthly to respondent's counsel, retroactive to November 1, 2001. fn1[We deny appellants' October 25, 2001 motion to file a reply to respondent's opposition]. 01-21015
12/18/2001Docketing StatementFiled Docketing Statement. 01-21308
12/21/2001Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. This court shall conduct a preliminary jurisdictional review of this appeal. Appellants: 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). fn1[On October 31, 2001, respondent filed a request to waive its appearance at the November 7, 2001 settlement conference. Under NRAP 16(e), the settlement judge may excuse a party's attendance at the settlement conference. For future reference any request to excuse a party's attendance must be directed to the settlement judge, not to this court.] 01-21550
03/05/2002Order/ProceduralFiled Order. To date appellants have failed to file either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall, within ten (10) days of the date of this order, file and serve the required document or show cause why sanctions should not be imposed. 02-04014
03/18/2002Transcript RequestFiled Certificate of No Transcript Request. 02-04835
04/05/2002Notice/IncomingFiled Substitution of Attorneys. Callister & Reynolds substituted in place and stead of Miles & Associates as counsel for respondent. 02-06099
04/15/2002Notice/IncomingFiled Proof of Service. -- Certificate of Mailing of Substitution of Attorney. 02-06735
05/03/2002Order/ProceduralFiled Order. To date, appellants have failed to file the opening brief and appendix. Appellants shall, within 15 days of the date of this order, file and serve the opening brief and appendix. Respondent shall within 30 days of service of the opening biref, file and serve the answering brief. Appellants may file a reply brief within 30 days of service of the answering brief. 02-07810
05/20/2002MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appeal for Failure to Comply with the Court's Orders. 02-08820
05/23/2002BriefFiled Opening Brief. Mailed on: 05/21/02. 02-09119
05/23/2002AppendixFiled Appendix to Opening Brief. 02-09120
05/30/2002MotionFiled Response to Motion. Opposition to Motion to Dismiss Appeal for Failure to Comply with the Court's Orders. 02-09456
06/27/2002BriefFiled Answering Brief. Mailed on: 06/24/02. 02-11081
06/27/2002AppendixFiled Appendix to Answering Brief. 02-11082
08/15/2002Case Status Update Briefing Completed. No reply brief filed.
09/05/2002Order/ProceduralFiled Order Denying Motion. Denying Motion to Dismiss and Vacating Stay. On May 20, 2002, respondent filed a motion to dismiss this appeal. Appellants oppose the motion. We vacate the stay issued December 13, 2001. Because we prefer to decide cases on their merits whenever possible, we deny respondent's motion to dismiss this appeal for failing to comply with NRAP 9(a). 02-15262
12/13/2002Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 02-21320
12/13/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP03-MS/ML/NB.
03/17/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP03-MS/ML/NB 03-04391
04/11/2003RemittiturIssued Remittitur. 03-04617
04/11/2003Case Status Update Remittitur Issued/Case Closed.
04/28/2003RemittiturFiled Remittitur. Received by County Clerk on April 14, 2003. 03-04617