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United States Court Cases

Nevada Supreme/Appellate Court Record

VAN BASEL VS. LUCAS

Case Information: 35721
Short Caption:VAN BASEL VS. LUCASCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A361444Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/14/2000 / Goldberg, AubreySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:05/29/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/02/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Keith E. Galliher, Jr., Chtd.--check no. 26793.
03/02/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-03309
03/02/2000Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
03/09/2000Transcript RequestFiled Certificate of No Transcript Request. 00-03733
03/13/2000Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: February 28, 2000. 00-03974
03/13/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Rawlings Olson Cannon Gormley & Desruisseaux--check no. 051763.
03/13/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. 00-03979
03/14/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Aubrey Goldberg. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
03/16/2000Notice/Outgoing Letter.
05/12/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-07957
05/12/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant/cross-respondent and respondent/cross-appellant.) Due Date: 15 days
05/18/2000Settlement 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 statements, this court shall conduct a preliminary jurisdictional review of this appeal and cross-appeal. Respondent/cross-appellant: 15 days to comply with NRAP 9(a). Appellant/cross-respondent 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 00-08346
05/19/2000Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 00-08393
05/25/2000Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 00-08834
06/26/2000TranscriptFiled Transcript. Proceedings: Tuesday, November 9, 1999, Testimony of Naomi Lucas Fincher; Wednesday, November 10, Testimony of Dr. David Oliveri and Defendant's Closing Argument. Court Recorder: Carrie Hansen. 00-10859
07/18/2000Order/ProceduralFiled Order. On June 5, 2000, respondent/cross-appellant submitted a copy of a transcript request form that was filed in the district court on April 11, 2000. The clerk of this court did not file that transcript request form as it failed to comply with NRAP 9. Despite these deficiences in the transcript request form, court reporter Carrie Hansen filed certified copies of transcripts for proceedings held on November 9, 10, 1999. Unless this court is notified otherwise by respondent/cross-appellant, we shall assume that all required transcripts have been prepared and filed. We direct the clerk of this court to file the copy of the transcript request form provisionally received on June 5, 2000. 00-12367
07/18/2000Transcript RequestFiled Request for Transcript of Proceedings. Copy of request for transcript filed in district court on April 11, 2000. 00-09465
09/18/2000MotionFiled Stipulation and Order. Brief due: September 22, 2000. 00-16417
09/25/2000BriefFiled Opening Brief. Mailed on: 9/22/00. 00-16877
09/25/2000AppendixFiled Appendix to Opening Brief. 00-16880
10/30/2000BriefFiled Answering Brief. Mailed on: 10/25/00. 00-19048
10/30/2000AppendixFiled Appendix to Answering Brief. 00-19051
11/02/2000MotionFiled Stipulation. 00-19299
11/08/2000Order/ProceduralFiled Order/Stipulation Disapproved. The answering brief having been timely filed on October 30, 2000, we disapprove the stipulation as moot. Appellant/Cross-Respondent shall have 30 days from the date of this order to file the reply brief. 00-19609
12/11/2000BriefFiled Reply Brief. Mailed on:12/08/00. 00-21598
01/29/2001Order/ProceduralFiled Order. To date, respondent/cross-appellant has failed to file a reply brief on cross-appeal. Respondent/cross-appellant's failure to file a reply brief on cross appeal is treated as a waiver of the right to file a reply brief. Accordingly, briefing is completed in the appeal and cross-appeal. 01-01853
01/29/2001Case Status Update Briefing Completed.
05/29/2001Order/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. 01-08893
05/29/2001Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP01A-CY/ML/NB
10/09/2001Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part, and Remanding. "AFFIRM that portion of the district court's order denying attorney fees to Lucas, we REVERSE that portion of the order awarding Lucas costs, and we REMAND this matter to the district court for further proceedings consistent with this order." SNP01A-CY/ML/NB 01-16896
11/06/2001RemittiturIssued Remittitur. 01-17311
11/06/2001Case Status Update Remittitur Issued/Case Closed.
11/15/2001RemittiturFiled Remittitur. Received by County Clerk on November 9, 2001. 01-17311
03/04/2002MotionFiled Motion. Petition to Publish Decision. 02-03871
04/02/2002Order/ProceduralFiled Order Denying Motion. On March 4, 2002, appellant Charles Senn Van Basel filed a petition to publish the order filed October 9, 2001. Having considered the petition, we conclude that publication is not warranted. Accordingly, we deny the petition. 02-05837