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United States Court Cases

Nevada Supreme/Appellate Court Record

WITTER VS. HOUSTON

Case Information: 34503
Short Caption:WITTER VS. HOUSTONCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9802373Classification:Civil Appeal - General - Other
Disqualifications:YoungCase Status:Remittitur Issued/Case Closed
Replacement:Justice Maupin for Senior Justice YoungPanel Assigned: Panel
To SP/Judge:07/23/1999 / Chubb, JanetSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/14/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Schreck Morris--check no. 2964 ($100) and check no. 2967 ($100).
07/14/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-06305
07/23/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Janet Chubb. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/14/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: March 13, 2000 and April 3, 2000. 00-04026
03/27/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-04836
03/27/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
04/10/2000Docketing StatementFiled Docketing Statement. 00-05735
04/26/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement 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). 00-06805
04/27/2000MotionFiled Motion to Dismiss Appeal. 00-06848
05/01/2000MotionFiled Motion to Extend Time. (to Motion to Dismiss) 00-07096
05/05/2000Order/Clerk'sFiled Clerk's Order Granting Motion. Appellants' response to the motion to dismiss appeal shall be served and filed on or before May 19, 2000. 00-07354
05/09/2000Notice/IncomingFiled Joinder. Mary Ellen Houston's Joinder in the Estate of Scott B. Tucker's Motion to Dismiss. 00-07652
05/12/2000Transcript RequestFiled Certificate of No Transcript Request. 00-07996
05/19/2000MotionFiled Response to Motion. Appellants' Opposition to Motion to Dismiss Appeal. 00-08444
06/02/2000MotionFiled Motion for Permission to File Document. Motion for Permission to file Reply in Support of Motion to Dismiss Appeal. 00-09298
06/08/2000MotionFiled Response to Motion. Appellants' Opposition to the Estate's Motion for Permission to file a Reply in Support of Motion to Dismiss Appeal. 00-09717
08/10/2000MotionFiled Motion and Order Extending Time. Brief due: September 22, 2000. 00-13972
08/24/2000Notice/IncomingFiled Notice. Notice of Entry of Order re Stipulated Motion for Extension of Time to File Opening Brief and Order. 00-14933
09/08/2000MotionFiled Motion to Extend Time. Appellants' Motion to Include in Appendix Certain Transcripts filed in the District Court After the Docketing of this Appeal. 00-15885
09/19/2000MotionFiled Motion to Extend Time. 00-16547
09/20/2000Order/ProceduralFiled Order Granting Motion. On September 8, 2000, appellants filed a motion to include in their appendix certain transcripts filed in the district court after the docketing of this appeal, transcripts of hearings held on June 8, 1999, and September 24, 1999. In the interests of judicial expediency, we grant appellants' motion. Appellants may include in their appendix transcripts from the June 8, 1999, and September 24, 1999, hearings.We grant appellants' motion for an extension of time, to and including November 6, 2000, to file and serve the opening brief and appendix. 00-16585
11/03/2000Notice/IncomingFiled Notice. Notice of Name Change. Law firm of Schreck Morris has been changed to Schreck Brignone and Godfrey. 00-19365
11/03/2000MotionFiled Motion to Extend Time. 00-19364
11/03/2000Order/ProceduralFiled Order. Order Suspending Briefing. Respondents have filed a motion to dismiss this appeal for lack of jurisdiction. We suspend the briefing schedule pending resolution of the motion to dismiss. 00-19369
11/09/2000Order/Clerk'sFiled Clerk's Order. Appellant filed a motion on November 3, 2000, seeking a fourteen day extension of time to file the opening brief and appendix. The motion is denied as moot. Pursuant to an order of this court entered in this matter on November 3, 2000, briefing was suspended pending the resolution of respondents' motion to dismiss this appeal. 00-19699
12/08/2000OtherDisqualification of Justice Young.
12/21/2000Notice/IncomingFiled Notice of Change of Address. Law firm of Whitehead & Whitehead. 00-22277
12/27/2000Order/ProceduralFiled Order. Order Reinstating Briefing and Deferring Motion to Dismiss. Respondents Randolph Tucker and Marilyn Tucker have filed a motion to dismiss this appeal on jurisdictional grounds. Respondent Mary Ellen Houston has filed a joinder in the motion to dismiss. Appellants oppose the motion. fn1[On June 2, 2000, the Estate filed a motion for permission to file a reply. We grant the motion. The clerk of this court shall detach and file the reply attached to the motion as Exhibit 1. We defer ruling on the motion pending completion of briefing in this matter. We reinstate the briefing schedule. Appellants shall have 30 days from the date of this order to file and serve the opening brief and appendix. Briefing shall proceed with NRAP 31(a)(1). 00-22547
12/27/2000MotionFiled Reply to Response. Reply in Support of Motion to Dismiss Appeal. 00-22548
01/29/2001Notice/IncomingFiled Notice. Appellant's Notice Pursuant to SCR 162(3)(b). 01-01861
01/29/2001Notice/IncomingFiled Affidavit. Affidavit of Janet L. Chubb in Support of Appellants' Notice pursuant to SCR 162(3). 01-01863
01/29/2001BriefFiled Opening Brief. Mailed on: 01/26/01. 01-01881
01/29/2001AppendixFiled Appendix to Opening Brief. Vols.1 through 3. 01-01882
02/15/2001MotionFiled Motion and Order Extending Time. Respondents Executors of Estate of Scott Brian Tucker. Brief due: March 30, 2001. 01-03013
02/28/2001BriefFiled Answering Brief. Respondent Mary Ellen Houston. Mailed on: Hand delivered 02/28/01 (Reno/Carson). 01-03778
03/02/2001Notice/IncomingFiled Substitution of Attorneys. Jones Vargas substituted as attorney for appellants in place and stead of Schreck Morris (formerly Schrect Brignone Godfrey). 01-03905
03/07/2001Notice/IncomingFiled Proof of Service. Amended Affidavit of Mailing of Substitution of Counsel. 01-04143
03/28/2001MotionFiled Motion to Extend Time. 01-05507
03/30/2001BriefFiled Answering Brief. Answering Brief of Respondents, The Estate of Scott B.Tucker, Randolph Tucker and Marilyn Tucker. Mailed on: Hand delivered 03/30/01 (Reno/Carson). 01-05588
03/30/2001AppendixFiled Appendix to Answering Brief. Tucker Respondent's Appendix. 01-05589
04/06/2001Order/ProceduralFiled Order. To date respondents Timothy Tucker and Teresa Tucker have failed to file their answering briefs or to join in the answering briefs filed by their co-respondents. Respondents Timothy Tucker and Teresa Tucker shall, within 15 days of the date of this order, file and serve their answering briefs. On March 29, 2001, appellants filed a motion requesting an extension of time to file a reply brief. Good cause appearing, we grant the motion. Appellants shall have 30 days from the filing of the last answering brief to file and serve a single reply brief. 01-05929
04/10/2001BriefFiled Joinder to Brief. Joinder in Answering Brief filed by Respondents Randolph Tucker and Marilyn Tucker, Executor and Executrix of the Estate of Scott Brian Tucker. 01-06192
04/20/2001BriefFiled Joinder to Brief. Joinder in Answering Brief Filed by Respondents Randolph Tucker and Marilyn Tucker, Executor and Executrix of the Estate of Scott Brian Tucker. 01-06802
05/21/2001BriefFiled Reply Brief. Mailed on: 5/21/01--Reno-Carson Messenger. 01-08502
07/09/2002Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal DISMISSED." Fn5 [We deny the Tucker respondents' request for attorney fees and costs. This appeal involves complex juridictional issues and is not frivolous. SNP00A-1 - WM/RR/NB 02-11679
07/12/2002Notice/IncomingFiled Notice. Notice of Entry of Order. 02-11966
08/05/2002RemittiturIssued Remittitur. 02-11714
08/05/2002Case Status Update Remittitur Issued/Case Closed.
08/22/2002RemittiturFiled Remittitur. Received by County Clerk on August 14, 2002. 02-11714