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United States Court Cases

Nevada Supreme/Appellate Court Record

FARRIS VS. THOMAS

Case Information: 34229
Short Caption:FARRIS VS. THOMASCourt:Supreme Court
Related Case(s): 34551
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9700067Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/27/1999 / Jenkins, NathanSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/19/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Roland K. Martin, Jr.--check no. 392.
05/19/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 99-04095
05/24/1999Notice/OutgoingIssued Notice to Transmit Required Document. Notice of Entry of Order filed 4/8/99. Due Date: 10 days
05/27/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Nathan M. Jenkins. (Briefing and preparation of transcripts suspended pending further order of this court.)
06/03/1999Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Filed in district court on: 4/13/99. 99-04644
06/24/1999MotionFiled Motion to Extend Time. 99-05535
06/30/1999Notice/IncomingFiled Notice. Notice of Dismissal of Bankruptcy.clerk3 99-05728
07/06/1999Order/Clerk'sFiled Clerk's Order. The docketing statement provisionally submitted on June 17, 1999, shall be filed, forthwith. The response to the docketing statement submitted June 28, 1999, shall also be filed forthwith. 99-05855
07/06/1999Docketing StatementFiled Docketing Statement. 99-05856
07/06/1999Docketing StatementFiled Response to Docketing Statement. 99-05857
07/07/1999Filing Fee Returned Filing Fee. Check No. 399 returned to Roland K. Martin, Jr. (No filing fee due for amended notice of appeal.)
07/07/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 99-06038
07/13/1999Notice/Outgoing Letter.
10/22/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: November 20, 1999. 99-10340
11/02/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: November 30, 1999. 99-10688
02/02/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a settlement of this matter. 00-01696
08/04/2000Order/ProceduralFiled Order. The settlement judge has filed a report indicating that the parties have agreed to a settlement of these appeals. Appellant has 30 days to file a stipulation or motion to dismiss these appeals or otherwise inform this court of the status of these appeals. Nos. 34229, 34551, 35146 (cases are not consolidated.) 00-13511
08/22/2000Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Response to Order (Nos. 34229, 34551 and 35146). 00-14716
10/31/2000Order/ProceduralFiled Order. Respondents Trigueiro and Community Construction, Inc. shall have 30 days from the date of this order to file a report informing this court whether either of them have filed a petition for bankruptcy and, if so, informing this court of the status of such bankruptcy proceeding. Nos. 34299, 34551, 35146 (cases are not consolidated.) 00-19133
12/01/2000Other Other. Status Report. 00-21047
01/18/2001Order/ProceduralFiled Order. These appeals have all been pending on this court's docket for over a year, and a tentative settlement was reached almost one year ago. The parties shall have until March 1, 2001 to either 1) finalize the settlement agreement and file a stipulation to dismiss these appeals or 2) show cause why the briefing schedules in these appeals should not be reinstated. Nos. 34229, 34551, 35146 (these cases are not consolidated.) 01-01076
02/28/2001Notice/IncomingFiled Substitution of Attorneys. Jones Vargas, and Ann Morgan, in place and stead of Schreck Morris, as counsel for respondents. 01-03752
03/21/2001MotionFiled Motion. Ann Morgan of Jones Vargas. 01-05032
03/26/2001Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. To date, the parties have failed to respond to our order of March 1, 2001. Accordingly, the time deadlines for requesting and preparing transcripts and the briefing schedule are hereby reinstated. This court shall immediately 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). 01-05212
04/09/2001Transcript RequestFiled Certificate of No Transcript Request. 01-06104
04/30/2001MotionFiled Motion to Strike. Motion to Strike a Portion of Appellant's Designation of the Record; Motion for Stay of Briefing Schedule. 01-07220
05/04/2001Notice/IncomingFiled Notice. Notice of Filing Bankruptcy (filed in 34229, 34551 and 35146) 01-07520
02/11/2002Order/ProceduralFiled Order/Show Cause. Farris shall have 30 days from the date of this order to show cause why the appeal in Docket No. 34229 should not be dismissed for lack of jurisdiction. We caution Farris that failure to respond to this order may result in the dismissal of Docket No. 34229 for lack of jurisdiction, The briefing schedule in both Docket Nos. 34229 and 34551 is suspended pending further order of this court. A ruling on the motion to strike in Docket No. 34229, the motion to voluntarily dismiss in Docket No. 34551, and counsel's motion to withdraw in both appeals, is deferred pending further order of this court. Nos. 34229/34551-cases are not consolidated. 02-02708
04/12/2002Order/DispositionalFiled Order Dismissing Appeal. Docket Nos. 34229 and 34551 are appeals from a summary judgment in an action for money due on promissory notes filed by appellant Pauline Farris against respondents John A. Thomas, Jr., James R. Trigueiro, and Community Construction, Inc. Docket No. 35146 is an appeal from a judgment in a separate action filed by Farris against Thomas for money due on promissory notes. On February 11, 2002, we ordered Farris to show cause within thirty days why the appeal in Docket No. 34229 should not be dismissed for lack of jurisdiction. To date, Farris has not responded to our order. As Farris has failed to demonstrate this court's jurisdiction, ' . . . we dismiss the appeal in Docket No. 34229.' fn2[The April 30, 2001 motion to strike portions of the designated record in docket No. 34229 is denied as moot.] On May 4, 2001, this court received notice that James R. Trigueiro, a respondent in Docket No. 34229, filed a bankruptcy petition in the United States Bankruptcy Court. It is unclear at this time whether the automatic stay has been lifted. Nevertheless, an appellate court may dismiss an appeal for lack of jurisdiction even where the automatic stay provisions under the bankruptcy code are otherwise applicable. Thus, the existence of any bankruptcy stay does not affect our decision to dismiss the appeal in Docket No. 34229 for lack of jurisdiction. fn6[The March 21, 2001 motion to withdraw as counsel filed by Jones Vargas in all three appeals is denied as moot.] SNP02M-WM/DA/ML. Nos. 34229/34551/ 35146-these cases are not consolidated. 02-06565
05/07/2002RemittiturIssued Remittitur. 02-06817
05/07/2002Case Status Update Remittitur Issued/Case Closed.
05/20/2002RemittiturFiled Remittitur. Received by County Clerk on May 16, 2002. 02-06817