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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: ESTATE OF MARY NETHKEN; FRANK K. NETHKEN, ETAL, APLTS

Case Information: 06-PR-1599
Short Caption:IN RE: ESTATE OF MARY NETHKEN; FRANK K. NETHKEN, ETAL, APLTSClassification:Appeals - Probate - Probate
Lead:06-PR-1599Consolidated: 06-PR-1600
Superior Court or Agency Case Number:ADM2185-79Filed Date:12/12/2006

Opening Event Date:12/12/2006Case Status:Closed
Record Completed:06/11/2007Post-Decision Matter Pending:
Briefs Completed:10/24/2007
Argued/Submitted:09/05/2008
Disposition:Next Scheduled Action:
Mandate Issued:12/30/2009

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Appellant-Cross-AppelleeFrank K. Nethken N
Harry J. JordanYN
Appellant-Cross-AppelleeRoy E. Nethken N
Harry J. JordanNN
Appellant-Cross-AppelleeRance Nethken N
Harry J. JordanNN
Appellant-Cross-AppelleeShirley A. Smeltzer N
Harry J. JordanNN
Appellant-Cross-AppelleePatricia Hartsfield Schmertzler N
Harry J. JordanNN
AppelleeJames Warner NPro SeN
AppelleeEstate of Mary H. NethkenN
Benny L. Kass NN
AppelleeGlenn Warner N
AppelleeEstate of Frank Warner, Jr.NPro SeN
Appellee-Cross-AppellantPeerless Insurance CompanyN
Eric R. Stanco YN

Events
Event DateStatusDescriptionResult
12/12/2006NOTICE OF APPEAL
03/02/2007 Upon consideration of the notices of appeal in these matters, and it appearing that no transcript is needed for appeal no. 06-PR-1599, and it further appearing that transcript is needed for appeal no. 06-PR-1600, it is ORDERED, sua sponte, that appeals nos. 06-PR-1599 and 06-PR-1600 are consolidate for all purposes. It is FURTHER ORDERED that appellee/cross-appellant shall within 20 days fromthe date of this order complete and file with this court a single copy ofthe attached statement regarding transcript. Where transcript(s) necessary for this appeal have not been ordered and completed for non-appeal purposes, appellee/ cross-appellant must advise the Court Reporting Division to forward said transcript(s) for inclusion in the record on appeal. If partial transcripts are being ordered, appellee/cross- appellant must file a statement of issues to be presented with this court within 10 days from the date of this order. See D.C. App. R. 10 (b)(3) (A). It is FURTHER ORDERED that appellee/cross-appellants failure to respond to any order of this court, including this order, shall subject appeal no. 06-PR-1600 to dismissal without further notice for lack of prosecution. See D.C. App. R. 13 (a). (GP) elp
03/20/2007STATEMENT REGARDING TRANSCRIPT(S) (06PR1600) (RT-NEEDED/RT-ORDERED for 10/10-11/06) (elp)
06/11/2007RECORD INDEX both cases
06/11/2007SUPPLEMENTAL RECORD #1 (74-pgs/tape 3/26/05 proc.)
06/11/2007SUPPLEMENTAL RECORD #2 (242-pgs/warren 10/10/06 proc.)
06/11/2007SUPPLEMENTAL RECORD #3 (178-pgs/salazar 10/11/06 proc.)
06/11/2007RECORD COMPLETED
06/28/2007 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that the briefs shall be filed as follows: Opening brief of appellants/cross-appellees, and the appendix within 40 days from the date of this order; Responsive briefs of appellees & appellee/ cross-appellant within 30 days from the date of service of the opening brief of appellants/cross-appellee; Reply brief of appellants/cross- appellees; within 21 days from the date of service of the responsive briefs of appellees and appellee/cross-appellant; and Reply briefs of appellees and appellee/cross appellant,if any, within 21 days from the date of service of the reply brief of appellants/cross-appellees. (GP) elp
08/06/2007APPELLEE/CROSS-APPELLANT'S BRIEF (Peerless)
08/06/2007APPENDIX (Joint)
08/07/2007APPELLANT/CROSS-APPELLEE'S BRIEF (Frank K. Nethken)
08/31/2007APPELLEE/CROSS-APPELLANT'S BRIEF Peerless Insurance
09/05/2007APPELLANT-CROSS-APPELLEE REPLY BRIEF (Frank Nethken)
09/13/2007FINAL SCREENING - REGULAR CALENDAR
09/24/2007APLT-X-APLE MISCELLANEOUS PROCEDURAL MOTION for leave to file corrected brief
09/24/2007RECEIVED- corrected aplt's cross aple brief
09/25/2007APPELLEE-CROSS-APPELLANT REPLY BRIEF (Peerless Insurance)
09/27/2007 On consideration of appellants/cross-appellees' motion for leave to file the lodged corrected brief, to which no opposition has been filed, and it appearing that the briefs of appellees the Estate of Frank Warner, Jr., Ellen Gravatt, James Warner, Glenn Warner, William Warner, Jr., and the Estate of Mary Nethken, have not been filed with this court, it is ORDERED that appellants/cross-appellees' motion is granted and the lodged corrected brief is filed. It is (MORE)
09/27/2007APPELLANTS/CROSS-APPELLEES'AMENDED/CORRECTED BRIEF
09/27/2007 FURTHER ORDERED that appellees shall within 15 days from the date of this order, submit the briefs, or a statement that the party will not be filing a brief, accompanied by a motion for leave to file out of time. The motion should set forth good cause for the failure either to timely file the brief or statement, or to request an extension of time within which to do so. Failure to comply with this order shall subject these appeals to being scheduled for consideration on record and on the appellate briefs on file without notice. (GP) elp
10/15/2007LETTER from aple Gravitt, advising the court by way of stipulation of dismissal filed in Sup Crt 9/22/06, this matter was dismissed as to defendant Gravitt.
10/24/2007 On consideration of this court's order of September 27, 2007, which directed appellees the Estate of Frank Warner, Kr., James Warner, Glenn Warner, William Warner, Jr., and the Estate of Mary H. Nethken, to file their briefs, or a statement that the party will not be filing a brief, and it appearing that appellees have failed to comply with the order, and the letter of Ellen Gravatt indicating that Ellen Gravatt was dismissed in the trial court by way of stipulation, it is ORDERED that the Clerk shall strike Ellen Gravatt as a party to these appeals. It is FURTHER ORDERED that these appeals shall be scheduled for consideration before a merits division of this court on the record and on the appellate briefs on file. (ETW) elp
10/24/2007BRIEFS COMPLETED
01/31/2008 It appearing that this appeal is likely to be calendared for argument during the months of April 2008 thru June 2008, it is ORDERED that counsel shall advise this court in writing by February 19, 2008 of specific dates during that period when they are unavailable so that the court can attempt to avoid such dates in scheduling argument. Counsel must continue to advise the court of availabilities for subsequent months until this case is in fact set for argument. Note that the calendar is prepared approximately two months in advance, e.g. January calendar set for release at the end of November. The court does not encourage the filing of motions to postpone a scheduled argument. If you do seek a change in a scheduled argument date, your motion should both indicate the opponent's position with respect to your request and alternative dates when you and opposing counsel would be available. You may call the Calendar Clerk prior to filing such a motion for information on dates in the scheduled month when the courtroom is available.(aj) Garland Pinkston, Jr. Clerk
02/19/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
02/29/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
07/25/2008CALENDAR NOTICE SENT
09/05/2008FiledACTION - Argued / Submitted
09/05/2008ARGUED before Judges Kramer, Fisher, Thompson Harry J. Jordan, Esq. for Aplt-Cross-Aple Eric R. Stanco, Esq. for Aple-Cross-Aplt
08/20/2009REVERSED Opinion (Kramer, Fisher, Thompson) and Judgment reversing the judgment on appeal.
09/01/2009APLT'S PETITION FOR REHEARING/REHEARING EN BANC cross/aple
09/11/2009APLT-X-APLE MISCELLANEOUS PROCEDURAL MOTION to supplement the record w/ attachment
12/18/2009ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (petition of aplts/x-aples) and deny the motion of aplts/x-aples to supplement record. (WHRZRDGLKRFIBRTHOB)
12/30/2009MANDATE ISSUED