judyrecords
search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

GUINN VS. MORELAND C/W 34554

Case Information: 32300
Short Caption:GUINN VS. MORELAND C/W 34554Court:Supreme Court
Consolidated:32300*, 34554 Related Case(s): 34554 , 36880 , 43896
Lower Court Case(s):Clark Co. - Eighth Judicial District - A346994Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/14/1998 / Macnabb, MarySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/07/1998Filing Fee Filing Fee due.
05/07/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
05/08/1998MotionFiled Motion for Stay. Emergency Motion for Stay of Execution Pending Appeal.
05/11/1998Notice/IncomingFiled Joinder. Kimberly Ann Barrow's Joinder to Appellant Guinn's Emergency Motion for Stay of Execution Pending Appeal.
05/14/1998Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Mary Macnabb. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/14/1998Filing FeeReceived Filing Fee Paid on Filing. $200.00 from James Andre Boles--check no. 1727.
05/18/1998MotionFiled Response to Motion. Respondent, Margaret L. Moreland's Opposition to Emergency Motion for Stay of Execution Pending Appeal.
05/20/1998MotionFiled Motion for Permission to File Document. Application for Leave of Court to File Appellant's Reply to Respondent Martaret L. Moreland's Opposition to Emergency Motion for Stay of Execution Pending Appeal.
05/20/1998MotionReceived Reply to Response. Appellant's Reply to Respondent Margaret L. Moreland's Opposition to Emergency Motion for Stay of Execution Pending Appeal.
05/22/1998Other Other. Received Supplement to Respondent, Margaret L. Moreland's, Opposition to Emergency Motion for Stay of Execution Pending Appeal.
05/27/1998MotionFiled Motion for Permission to File Document. Respondent's Motion for Permission to File Supplement to Respondent, Margaret L. Moreland's, Opposition to Emergency Motion for Stay of Execution Pending Appeal.
06/04/1998Docketing StatementReceived Docketing Statement.
06/09/1998MotionFiled Motion to Extend Time. Motion to Permit Late Filing of Appellant's Docketing Statement.
06/10/1998Order/Clerk'sFiled Clerk's Order Granting Motion. The docketing statement provisionally submitted on June 4, 1998, shall be filed, forthwith.
06/10/1998Docketing StatementFiled Docketing Statement.
06/15/1998Letter/IncomingFiled Letter. from attorney Judith Braecklein regarding motion for stay.
06/23/1998Order/ProceduralFiled Order Denying Motion. We deny appellant's emergency motion for stay of execution pending appeal. Appellant's motion to file a reply is granted and respondent's motion to file a supplement is also granted. We have considered the reply and supplement in resolving this motion.
06/23/1998MotionFiled Reply to Response. Appellant's Reply to Respondent Margaret L. Moreland's Opposition to Emergency Motion for Stay of Execution Pending Appeal.
06/23/1998Other Other. Filed Supplement to Respondent, Margaret L. Moreland's, Opposition to Emergency Motion for Stay of Execution Pending Appeal.
08/25/1998Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: October 26, 1998.
11/16/1998Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: December 15, 1998.
01/14/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is scheduled for February 24, 1999.
02/09/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is scheduled for February 26, 1999.
03/17/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: March 26, 1999.
05/28/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: 8/6/99.
09/02/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: October 8, 1999.
10/15/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: October 29, 1999. "MISSING DOCUMENT."
11/17/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: November 30, 1999.
12/13/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.
03/09/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. We hereby consolidate the above entitled matters for all appellate purposes. The parties were unable to agree to a settlement of their respective appeals. Appellant Kimberly Ann Barrow (Docket No. 34554): 15 days to file a docketing statement. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of these consolidated appeals. Appellant Wayne Guinn (docket No. 32300): 15 days to comply with NRAP 9(a); Each appellant: 120 days to file and serve the opening brief and appendix in their respective appeals. Briefing shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to counsel for appellant Kimberly Ann Barrow, Docket No. 34554). Nos. 32300, 34554. 00-03711
04/03/2000Transcript RequestFiled Certificate of No Transcript Request. 00-05336
04/20/2000Order/ProceduralFiled Order/Show Cause. Appellant Barrow (Docket No. 34554) shall, within 10 days of the date of this order, file and serve the docketing statement. Nos. 32300, 34554. 00-06389
05/01/2000Docketing StatementFiled Docketing Statement. Nos. 32300 & 34554. 00-07097
09/12/2000Order/ProceduralFiled Order/Show Cause. These are consolidated appeals. Our preliminary review of the documents submitted to this court reveals potential jurisdictional defects in both appeals. Guinn shall have 30 days from the date of this order to show cause why the appeal in Docket No. 32300 should not be dismissed for lack of jurisdiction. It appears that Barrow has filed a petition for bankruptcy. Barrow shall have 30 days from the date of this order to show cause why the appeal in Docket No. 34554 should not be dismissed for lack of jurisdiction and inform this court of the status of the bankruptcy petition. The briefing schedule in these consolidated appeals is suspended pending further order of this court. Nos. 32300, 34554. 00-16016
10/16/2000MotionFiled Response to Order to Show Cause. Appellant Barrow's Memorandum of Points and Authorities Opposing the Dismissal of Appeal for Lack of Jurisdiction (nos. 32300/34554). 00-18357
10/30/2000MotionFiled Motion. Respondent, Margaret L. Moreland's, Motion for Leave to File Response to Appellant Barrow's Memorandum of Points and Authorities Opposing the Dismissal of Appeal for Lack of Jurisdiction. Nos. 32300/34554. 00-19030
10/30/2000Other Other. Received Respondent, Margaret L. Moreland's, Response to Appellant Barrow's Memorandum of Points and Authorities Opposing the Dismissal of Appeal for Lack of Jurisdiction. Nos. 32300/34554. 00-19033
11/01/2000MotionFiled Motion. Joinder and Supplement to Motion for Leave to File Response to Appellant Barrow's Opposition to Order to Show Cause why Appeal Should Not be Dismissed. Nos. 32300/34554 00-19244
11/07/2000MotionFiled Response to Order to Show Cause. Appellant Wayne Guinn's Reply to Order to Show Cause and Request for Enlargement of Time. 00-19582
11/16/2000Notice/IncomingFiled Notice of Change of Address. From James Andre Boles (nos. 32300/34554). 00-20173
11/17/2000MotionFiled Motion for Permission to File Document. Respondent, Margaret L. Moreland's, Motion for Leave to File Response to Appellant Wayne Guinn's Reply to Order to Show Cause and Request for Englargement of Time (nos. 32300/34554). 00-20223
03/22/2001MotionFiled Motion to Dismiss Appeal. Notice of Withdrawal of Appeal. (No. 32300 only) Nos. 32300/34554 01-05094
04/30/2001Order/DispositionalFiled Voluntary Dismissal. Order Dismissing Appeals in Docket Nos. 32300 and 34554 (consolidated cases), and Directing a Response and Suspending Briefing in Docket No. 36880. DOCKET NO. 32300. We need not decide the jurisdictional issues in this appeal, because on march 22, 2001, Guinn filed a motion for voluntary dismissal. We grant Guinn's motion, and ' . . . we dismiss the appeal in Docket No. 32300.' The parties to bear their own costs and attorney fees. fn1[In Guinn's November 7, 2000 response to this court's show cause order, he requested an enlargement of time to file the response, as it was not timely. Also, on November 17, 2000, Margaret Moreland filed a motion to respond to Guinn's response. In light of our order, we deny Guinn's request and Margaret's motions a moot.] DOCKET NO. 34554. In response to this court's order to show cause, Barrow does not address the prematurity of her July 20, 1999 notice of appeal. fn5[On October 30, 2000, Margaret Moreland filed a motion to respond to Barrow's reply. Joseph Moreland filed a joinder and supplement to Margaret's motion on November 1, 2000. We grant the motion. The clerk shall file Margaret Moreland's response provisionally received on October 30, 2000.] We conclude that we lack jurisdiction over the appeal, and ' . . . we dismiss the appeal in Docket No. 34554.' fn6[We note that Barrow ha filed a bankruptcy petition, and it is unclear at this time whether the automatic stay has been lifted. However, an appellate court may dismiss an appeal for lack of jurisdiction even where the automatic stay provisions under the bankruptcy code are otherwise applicable.] DOCKET NO. 36880. fn8[Barrow's response to this courts show cause order was filed in Docket No. 34554. However, we consider Barrow's arguments as they pertain to her amended notice of appeal in Docket No. 36880. We note that Barrow's August 27, 1999 amended notice of appeal was not transmitted to this court until October 17, 2000, after our order to show cause. This was due to an apparent oversight in the district court clerk's office.] We defer our decision on Barrow's arguments because it appears that there is no final judgment in this matter. Barrow shall have 20 days from the date of this order to show cause why the appeal in Docket No. 36880 should not be dismissed for lack of jurisdiction. In her response, Barrow shall advise this court of the status of the bankruptcy petition, including whether the bankruptcy proceeding has been resolved or the automatic stay has been lifted. The briefing schedule in Docket No. 36880 is suspended pending further order of this court. Nos. 32300/34554/36880 01-07224
04/30/2001MotionFiled Response to Order to Show Cause. Respondent, Margaret L. Moreland's, Response to Appellant Barrow's Memorandum of Points and Authorities Opposing the Dismissal of Appeal for Lack of Jurisdiction. Nos. 32300/34554. 01-19033 00-19033
04/30/2001Notice/OutgoingIssued Letter. to attorney Timothy J. McGarry. Returned unfiled, the original Respondent, Margaret L. Moreland's Response to Appellant Wayne Guinn's Reply to Order to Show cause and Request for Enlargement of Time received November 17, 2000. Nos. 32300/34554. 00-20224
04/30/2001Case Status Update Case Closed. No remittitur issued.
05/24/2001Notice/IncomingFiled Proof of Service. Certificate of Service of Notice of Withdrawal of Appeal filed on 3/22/01 (No. 32300 only). 01-08758