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United States Court Cases

Nevada Supreme/Appellate Court Record

HOUSTON VS. BANK OF AMERICA

Case Information: 36564
Short Caption:HOUSTON VS. BANK OF AMERICACourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A388314Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:08/18/2000 / Mishel, PersiSP Status:Completed
Oral Argument:07/01/2003 at 9:00 AMOral Argument Location:Las Vegas Office
Submission Date:07/01/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/14/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from James, Driggs, Walch, Santoro, Kearney, Johnson & Thompson--check no. 10138.
08/14/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. 00-14137
08/18/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Persi J. Mishel. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
10/25/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-18896
10/25/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
11/08/2000Settlement 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). 00-19612
11/09/2000Docketing StatementFiled Docketing Statement. 00-19725
11/27/2000Transcript RequestFiled Certificate of No Transcript Request. 00-20605
03/08/2001MotionFiled Stipulation and Order. Brief due: April 9, 2001. 01-04243
03/29/2001Order/ProceduralFiled Order/Show Cause. Response due from appellants: 20 days from the date of this order. The briefing schedule is suspended pending further order of this court. 01-05532
04/18/2001MotionFiled Response to Order to Show Cause. 01-06618
07/25/2001Letter/IncomingFiled Letter. from appellants' attorney John Ham enclosing copies of orders filed in district court on 4/25/01 and 5/22/01. 01-12625
11/14/2001Order/ProceduralFiled Order/Briefing Schedule. We conclude that this appeal shall proceed. The Houstons shall have 30 days from the date of this order within which to file and serve the opening brief and appendix. Briefing shall then proceed under NRAP 31(a)(1). 01-18979
12/05/2001Notice/IncomingFiled Substitution of Attorneys. Robison, Belaustegui, Sharp & Law in place and stead of James, Driggs, Walch, Santoro, Kearney, Johnson & Thompson. 01-20380
12/06/2001Notice/IncomingFiled Proof of Service. Affidavit of Service of Substitution of Attorney. 01-20477
12/21/2001MotionFiled Stipulation and Order. Brief due: January 14, 2002. 01-21575
01/09/2002MotionFiled Motion to Extend Time. Application for Extension of Time in Which to File Opening Brief and Supporting Affidavit of F. DeArmond Sharp, Esq. 02-00636
01/14/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed January 9, 2002. Appellants shall file and serve the opening brief and appendix by February 15, 2002. 02-00874
02/15/2002BriefFiled Opening Brief. Mailed on: Hand delivered 02/15/02 (Reno/Carson). Signed by: Natalie Reed. 02-03084
02/15/2002AppendixFiled Joint Appendix. Vols. 1 through 5. 02-03085
03/13/2002MotionFiled Stipulation and Order. Brief due: April 17, 2002. 02-04549
04/16/2002MotionFiled Motion. Nevada Land Title Association's Motion for Leave to File Amicus Curiae Brief. 02-06754
04/18/2002Notice/IncomingFiled Proof of Service. Certificate of Mailing to Nevada Land Title Association's Motion for Leave to file Amicus Curiae Brief. 02-06918
04/18/2002BriefFiled Answering Brief. Mailed on: Fed-Ex 4/17/02. Signed by Jeffrey A. Silvestri. 02-06920
04/18/2002AppendixFiled Appendix to Answering Brief. 02-06921
04/25/2002MotionFiled Response to Motion. Opposition to Nevada Land Title Association's Motion for Leave to File Amicus Curiae Brief. 02-07336
05/06/2002Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), "Nevada Land Title Association's Memorandum Responding to Opposition to Motion for Leave to File Amicus Curiae Brief."
05/13/2002MotionFiled Motion for Permission to File Document. Nevada Land Title Association's Motion for Leave to File Memorandum Responding to Opposition to Motion for Leave to File Amicus Curiae Brief. 02-08301
05/20/2002BriefFiled Reply Brief. Mailed on: Hand delivered 05/20/02. 02-08879
05/20/2002MotionFiled Response to Motion. Opposition to Nevada Land Title Association's Motion for Leave to File Memorandum Responding to Opposition to Motion for Leave to File Amicus Curiae Brief. 02-08889
06/06/2002Order/ProceduralFiled Order Granting Motion. On April 16, 2002, the Nevada Land Title Association (NLTA) file a motion for leave to appear as amicus curiae in support of respondent. On April 25, 2002, appellants filed an opposition. On May 13, 2002, NLTA filed a motion requesting leave to file a reply to appellants' opposition. Appellants oppose NLTA's motion to file a reply. We grant NLTA's motion to file a reply to appellants' April 25, 2002, opposition. The clerk of this court shall file the reply received on May 13, 2002. We conclude that the amicus brief may assist this court when reviewing the doctrine of equitable subrogation. We grant NLTA's motion to appear as amicus curiae in this appeal. The clerk of this court shall file the amicus brief received on April 16, 2002. However, we note that an amicus curiae party must not assume a partisan position; instead, its status must be that of a neutral advisor. When taking this appeal under consideration this court will disregard any and all portions of the amicus brief that present a partisan argument. Appellants shall have 30 days from the date of this order to file a brief in response to NTLA's amicus brief. We note that NTLA's amicus brief is signed by Nevada attorney Charles T. Cook as well as Wisconsin attorney J. Bushnell Nielsen. Mr. Nielsen shall have 60 days from the date of this order to comply with SCR 42. 02-09923
06/06/2002MotionFiled Reply to Response. Nevada Land Title Association's Memorandum Responding to Opposition to Motion for Leave to File Amicus Curiae Brief. 02-08302
06/06/2002BriefFiled Amicus Brief. Amicus Curiae Brief of Nevada Land Association. 02-06756
07/05/2002MotionFiled Motion. Motion to Associate Counsel. 02-11439
07/08/2002Other Other. Filed Appellants Edward R. Houstonand Regina Houston's Reply Brief to the Amicus Curiae Brief of the Nevada Land Title Association. 02-11609
08/29/2002Order/ProceduralFiled Order Granting Motion. filed July 5, 2002. J. Bushnell Nielsen shall be permitted to appear on behalf of amicus curiae Nevada Land Title Association. Nevada attorney Charles T. Cook shall be responsible for all matters presented by the amicus curiae in this appeal. 02-15025
06/02/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on July 1, 2003, at 9:00 a.m. (SNP03-MS/ML/NB)
06/17/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
07/01/2003Case Status Update Submitted for Decision. Before the Southern Nevada Panel.SNP03-MS/ML/NB.
10/28/2003Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before Shearing,Leavitt and Becker, JJ. Author: Per Curiam. 119 Nev. Adv. Opn. No. 54. SNP03/Shearing/Leavitt/Becker. 03-17949
11/25/2003RemittiturIssued Remittitur. 03-18132
11/25/2003Case Status Update Remittitur Issued/Case Closed.
12/04/2003RemittiturFiled Remittitur. Received by County Clerk on December 1, 2003. 03-18132