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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 37648
Short Caption:CATELLO TILE & MARBLE VS. KELESISCourt:Supreme Court
Related Case(s): 36796
Lower Court Case(s):Clark Co. - Eighth Judicial District - A389405Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:04/06/2001 / Garcia-Mendoza, EvaSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:04/30/2002How Submitted:On Briefs

+ Party Information

Docket Entries
04/02/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Haney firm-check no. 11303.
04/02/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. 01-05652
04/06/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Eva Garcia-Mendoza. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
05/25/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-08818
05/25/2001Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
06/06/2001Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this matter. 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). 01-09393
06/06/2001MotionFiled Stipulation/Dismiss Appeal. 01-09433
06/11/2001Docketing StatementFiled Docketing Statement. 01-09708
06/15/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: February 27, 2001. To Court Reporter: Kris Cornelius. 01-10066
06/22/2001Order/Clerk'sFiled Clerk's Order. Order Partially Dismissing Appeal. Pursuant to the stipulation of the parties and cause appearing, " . . . this appeal is dismissed as to appellant Joseph Catello only." The parties shall bear their own costs and attorneys' fees. NRAP 42(b). The clerk of this court shall remove Joseph Catello as appellant from the caption on this court's docket. 01-10573
07/05/2001TranscriptFiled Transcript. Proceedings: February 27, 2001. Court Reporter: Christine Cornelius. 01-11316
10/04/2001MotionFiled Stipulation and Order. Brief due: November 8, 2001. 01-16716
11/13/2001BriefFiled Opening Brief. Mailed on: 11/8/01. 01-18861
11/13/2001AppendixFiled Appendix to Opening Brief. Volumes 1 through 3. 01-18862
12/03/2001MotionFiled Motion and Order Extending Time. Brief due: January 8, 2002. 01-20169
01/09/2002BriefFiled Answering Brief. Mailed on: Fed Ex 01/08/02. 02-00540
01/14/2002MotionFiled Motion. Stipulated motion upon the death of respondent, Lawrence Ward pursuant to NRAP 43(a). 02-00974
01/24/2002Order/ProceduralFiled Order Denying Motion. On January 14, 2002, the parties filed a stipulation to substitute 'The Estate of Lawrence Ward' in the place of respondent Lawrence Ward. We elect to treat the stipulation as a joint motion to substitute a party. Without the substitution of a personal representative of respondent's estate, any final judgment entered by this court would be of no legal effect. Because the parties' joint motion seeks to substitute the Estate of Lawrence Ward and not a personal representative in the place of respondent Lawrence Ward, we deny the motion. Counsel for respondent shall, within 30 days from the date of this order: (1) file a motion for substitution of an appointed personal representative; (2) inform this court in writing whether a public administrator will administer respondent's estate pursuant to NRS 253.040, NRS 253.0403, or NRS 253.0415; or (3) inform this court in writing that the estate of Lawrence Ward still has no personal 02-01701
02/13/2002BriefFiled Reply Brief. Mailed on: 02/11/02. Signed by: Wade B. Gochnour. 02-02849
02/25/2002MotionFiled Motion. Motion to Substitute Personal Representative in Place of Respondent Lawrence Ward. 02-03470
03/01/2002Order/ProceduralFiled Order Granting Motion. On February 25, 2002, respondent's attorney, Marc P. Cook, filed a motion to substitute George P. Kelesis in the place of respondent Lawrence Ward. Cause appearing, we grant the motion. George P. Kelesis, in his capacity as executor for the Estate of Lawrence Ward, shall be permanently substituted as respondent in the place of Lawrence Ward. Accordingly, the clerk of this court shall modify the caption in this appeal to be consistent with the caption on this order. 02-03773
03/04/2002Notice/IncomingFiled Errata. Errata to Motion to Substitute Personal Representative in Place of Respondent Lawrence Ward. 02-04011
04/04/2002Notice/OutgoingIssued Letter. to Clark County Clerk regarding Transmission of Transcripts for January 6 and 7, 2000.
04/08/2002TranscriptFiled Transcript. Proceedings: January 6, 2000 and January 7, 2000. Court Reporter: Kristine Cornelius. 02-06167
04/30/2002Order/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. NRAP 34(f)(1). 02-07610
04/30/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP02-CY/DA/ML
07/11/2002Order/DispositionalFiled Dispositional Order/Appeal. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order. SNP02-CY/DA/ML 02-11828
08/06/2002RemittiturIssued Remittitur. 02-12031
08/06/2002Case Status Update Remittitur Issued/Case Closed.
08/22/2002RemittiturFiled Remittitur. Received by County Clerk on August 13, 2002. 02-12031