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United States Court Cases

Nevada Supreme/Appellate Court Record

ANES VS. BRINTON

Case Information: 34495
Short Caption:ANES VS. BRINTONCourt:Supreme Court
Related Case(s): 31694 , 34613
Lower Court Case(s):Clark Co. - Eighth Judicial District - A351559
Clark Co. - Eighth Judicial District - A352711
Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:07/15/1999 / Apfelberg, RobertSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/13/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Netzorg & Caschette, P.C.--check no. 7137.
07/13/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-06263
07/15/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Robert S. Apfelberg. (Briefing and preparation of transcripts suspended pending further order of this court.)
07/23/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 on cross-appeal from Swanson Law Offices, Chtd.--check no. 31455.
07/23/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. 99-06655
07/29/1999Notice/Outgoing Letter.
10/08/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: October 14, 1999. 99-09761
06/09/2000Order/ProceduralFiled Order. We consolidate the above-entitled matters for all appellate purposes. Because the parties to these appeals have not filed stipulations to dismiss these appeals, it appears that the parties were unable to agree to a settlement of these matters. The parties shall have 10 days from the date of this order to object to our understanding that the parties failed to reach a settlement of these appeals. If no objection is made, appellants/cross-respondents and respondents/cross-appellants in Docket No. 34495 and appellants in Docket No. 34613 shall have 15 days from the date of this order to file a docketing statement. Upon the filing of the docketing statements, this court shall conduct a preliminary jurisdictional review of these consolidated appeals. Appellants/cross-respondents and respondents/cross-appellants in Docket No. 34495 and appellants in Docket No. 34613 shall have 15 days from the date of this order to file with this court a transcript request form or certificate of no transcript request. We establish the following parallel briefing schedules for these three consolidated appeals and cross-appeal. Appellants in each of these consolidated appeals shall have 120 days from the date of this order to file and serve an opening brief and appendix. Thereafter, briefing in each appeal shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to counsel for appellants/cross-respondents and respondents/cross-appellants in Docket No. 34495 and appellants in Docket No. 34613). Nos. 31694, 34495, 34613. Document No. 00-09814.
06/26/2000Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. Filed in 34495 only. (Nos. 31694, 34495 and 34613.) 00-10973
06/26/2000Transcript RequestFiled Certificate of No Transcript Request. Filed for Appellant/Cross-Respondent in 34495 and Appellant in 34613 only. (Nos. 31694, 34495 and 34613.) 00-10979
06/26/2000Docketing StatementFiled Docketing Statement. Filed in 34613 only. (Nos. 31694, 34495 and 34613.)
06/28/2000Notice/IncomingFiled Proof of Service. Certificate of Mailing (Docketing Statement). Nos. 31694, 34495, 34613. Doc. No. 00-11049
07/06/2000Docketing StatementFiled Response to Docketing Statement. Objection to Docketing Statement of Appellants Anes (nos. 31694/34495/34613). Doc # 00-11511.
08/07/2000Other Other. Filed Motion to Dismiss Appeal (no. 34613) for Lack of Jurisdiction. Nos. 31694/34495/34613. Doc. No. 00-13618
08/18/2000MotionFiled Response to Motion. Opposition to Motion to Dismiss Appeal (no. 34613) for Lack of Jurisdiction. Nos. 31694/34495/34613. Doc. No. 00-14463
08/25/2000Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), Reply to Opposition to Motion to Dismiss Appeal for Lack of Jurisdiction. Nos. 31694/34495/34613.
09/06/2000MotionFiled Motion for Permission to File Document. Request for Permission to File A Reply to the Opposition Filed by the Appellants (nos. 31694/34495/34613). 00-15670
09/06/2000MotionReceived Reply to Response. Reply to Opposition to Motion to Dismiss Appeal for Lack of Jurisdiction (nos. 31694/34495/34613). 00-15671
09/07/2000Notice/IncomingFiled Proof of Service. Receipt of Copy. (Nos. 31694, 34495 and 34613). 00-15725
10/06/2000BriefFiled Opening Brief. Appellants' Allen Anes, Eileen Anes and Allen Anes or Eileen Anes, Trustees of the Anes Family Trust, Opening Brief. Mailed on: Hand delivered 10/06/00 (Reno/Carson). Nos. 31694, 34495 & 34613.
10/06/2000AppendixFiled Appendix to Opening Brief. Appellants' Allen Anes, Eileen Anes and Allen Anes or Eileen Anes, Turstees of the Anes Family Trust Appendix to Opening Brief. Vols. 1 through 11. Nos. 31694, 34495 & 34613.
10/11/2000MotionFiled Motion to Extend Time. Respondents' Flangas and AF Properties. Motion for Extension of Time to File Appellant's Opening Brief and Respondent's Answering Brief (nos. 31694/34495/34613). 00-17953
10/17/2000MotionFiled Response to Motion. Opposition to Respondent/Appellant Albert A. Flangas' Motion for Extension of Time to File Appellant's Opening Brief and Respondent's Answering Brief and Countermotion to Dismiss Flangas' Appeal No. 34613 Pursuant to NRAP 31 (C) (nos. 31694/34495/34613).
10/26/2000MotionFiled Motion. Request for Permission to File a Reply to Motion for Extension of Time to File Appellant's Opening Brief and Respondent's Answering Brief and Opposition to Counter-Motion to Dismiss Flangas' Appeal No. 34613 Pursuant to NRAP 31(C). (nos. 31694/34495/34613). 00-18978
10/26/2000MotionFiled Reply to Response. Reply to Motion for Extension of Time to File Appellant's Opening Brief and Respondent's Answering Brief and Opposition to Counter-Motion to Dismiss Flangas' Appeal No. 34613 Pursuant to NRAP 31(C). (nos. 31694/34495/34613). 00-18984
11/06/2000MotionFiled Stipulation. Nos. 31694/34495/34613. Doc. No. 00-19487
11/06/2000MotionFiled Stipulation. Respondents' Flangas and AF Properties. Nos. 31694/34495/34613. 00-19487
11/08/2000BriefFiled Answering Brief. Respondent's Answering Brief of Stewart Title of Nevada, Inc. and Stewart Title Guaranty Co. Mailed on: LV Drop Box 11/6/00. (Nos. 31694, 34495 and 34613). 00-19615
11/08/2000AppendixFiled Appendix to Answering Brief. Respondent's Appendix to Stewart Title of Nevada and Stewart Title Guaranty's Answering Brief (Volume R1). (Nos. 31694, 34495 and 34613). 00-19617
12/07/2000MotionFiled Stipulation and Order. Stipulation for Extension of Time to file Appellants' Reply Brief to Repsondent Stewart Title Guaranty and Stewart Title of Nevada's Answering Brief. Brief due: December 14, 2000. (Nos. 31694, 34495 and 34613).
12/08/2000Order/DispositionalFiled Order Dismissing Appeal. Order Dismissing Appeal in Docket No. 34495 and Order to Show Cause in Docket Nos. 31694 and 34613. These are consolidated appeals. fn1[We grant the Flangases' request for permission to file a reply to the Aneses' opposition to the Flangases' motion to dismiss, filed September 6, 2000. We direct the clerk of this court to detach and file the Flangases' reply, received on September 6, 2000.] fn2[We defer ruling on the Aneses' motion to dismiss in Docket No. 34613 pending further jurisdictional review of these consolidated appeals.] The Aneses shall have 30 days from the date of this order to show cause why their appeal in Docket No. 31694 should not be dismissed for lack of jurisdiction. The briefing schedule in Docket No. 31694 shall be suspended pending further order of this court. We conclude that we lack jurisdiction over the appeal and cross-appeal in Docket No. 34495. We grant the Flangases' motion to dismiss, and ' . . . order the appeal and cross-appeal dismissed.' The Flangases shall have 30 days from the date of this order to show cause why the appeal in Docket No. 34613 should not be dismissed for lack of jurisdiction. The briefing schedule in Docket No. 34613 shall be suspended pending further order of this court. fn3[In light ouf our order suspending the briefing schedule, we defer ruling on the Flangases' motion for extension of time to file the opening brief and answering brief, filed October 11, 2000.] Nos. 31694, 34495, 34613. NNP00A-MS/DA/ML 00-21485
12/08/2000Order/ProceduralFiled Order/Show Cause. Order Dismissing Appeal in Docket No. 34495 and Order to Show Cause in Docket Nos. 31694 and 34613. These are consolidated appeals. fn1[We grant the Flangases' request for permission to file a reply to the Aneses' opposition to the Flangases' motion to dismiss, filed September 6, 2000. We direct the clerk of this court to detach and file the Flangases' reply, received on September 6, 2000.] fn2[We defer ruling on the Aneses' motion to dismiss in Docket No. 34613 pending further jurisdictional review of these consolidated appeals.] The Aneses shall have 30 days from the date of this order to show cause why their appeal in Docket No. 31694 should not be dismissed for lack of jurisdiction. The briefing schedule in Docket No. 31694 shall be suspended pending further order of this court. We conclude that we lack jurisdiction over the appeal and cross-appeal in Docket No. 34495. We grant the Flangases' motion to dismiss, and ' . . . order the appeal and cross-appeal dismissed.' The Flangases shall have 30 days from the date of this order to show cause why the appeal in Docket No. 34613 should not be dismissed for lack of jurisdiction. The briefing schedule in Docket No. 34613 shall be suspended pending further order of this court. fn3[In light ouf our order suspending the briefing schedule, we defer ruling on the Flangases' motion for extension of time to file the opening brief and answering brief, filed October 11, 2000.] Nos. 31694, 34495, 34613. 00-21483
12/08/2000MotionFiled Reply to Response. Reply to Opposition to Motion to Dismiss Appeal for Lack of Jurisdiction. 00-15671
12/08/2000Notice/OutgoingIssued Letter. Returned Unfiled Respondents'/Cross-Appellants' Robert B. Brinton; Brinton Incorporated; Robert B. Brinton, Trustee of the Robert B. Brinton Separate Property Trust, Answering Brief and Opening Brief. See Order filed 12/08/00. Nos. 31694, 34495 & 34613.
12/26/2000Filing FeeReceived Filing Fee Paid on Filing. $100 from Netzorg & Caschette, P.C.--check no. 8830.
12/26/2000Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: 12/22/00--Fed Ex. (Also entered in nos. 31694 and 34613 in response to this court's Order to Show Cause filed 12/8/00) 00-22484
01/02/2001MotionFiled Motion. Appellants/Respondents' Motion to File Exhibits to Petition for Rehearing (nos. 31694/34495/34613).
01/03/2001Notice/IncomingFiled Proof of Service. Amended Certificate of Mailing of Petition for Rehearing - Nos. 31694/34495/34613.
01/03/2001Notice/IncomingFiled Proof of Service. Amended Certificate of Mailing of Motion to File Exhibits to Petition for Rehearing - Nos. 31694/34495/34613.
01/22/2001Other Other. Filed Appellants' Albert A. Flangas, Individually and d/b/a AF Properties and Investments Notice of Non-Response to Order to Show Cause. Nos. 31694/34495/34613.
05/22/2001Post-Judgment OrderFiled Order/Rehearing Denied. Order Denying Rehearing (No. 34495) and Dismissing Appeals (Nos. 31694 and 34613.) ' . . . we deny rehearing in Docket No. 34495, and dismiss the appeals in Docket Nos. 31694 and 34613.' fn2[We deny as moot the Aneses' motion and countermotion to dismiss appeal filed in Docket No. 34613. In addition, we deny as moot Flangas/AF Properties' motion, filed October 11, 2000, for extension of time to file the opening brief and answering brief.] fn3[We grant the Aneses' unopposed motion to file exhibits to their rehearing petition.] NNP00A-MS/DA/ML. Nos. 31694/34495/34613. 01-08578
05/22/2001ExhibitFiled Exhibits (copies). Exhibits to the Petition for Rehearing (filed in case no. 34495 only). 01-08579
06/07/2001RemittiturIssued Remittitur. 01-08692
06/07/2001Case Status Update Remittitur Issued/Case Closed.
06/21/2001RemittiturFiled Remittitur. Received by County Clerk on June 12, 2001. 01-08692