| Case Information: 39507 | |||
| Short Caption: | AGUILAR VS. DISTRICT COURT (WELLS FARGO BANK) | Court: | Supreme Court |
| Lower Court Case(s): | Carson City - First Judicial District - 0101365A | Classification: | Original Proceeding - Civil - Mandamus |
| Disqualifications: | Case Status: | Notice in Lieu of Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | How Submitted: | ||
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 04/22/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Law Office of Karen L. Winters--check no. 3578. | ||
| 04/22/2002 | Petition/Writ | Filed Petition for Writ of Mandamus. | 02-07062 | |
| 04/23/2002 | Notice/Outgoing | Issued Notice of Procedural Deficiency. Affidavit. Due Date: 10 days | ||
| 04/30/2002 | Petition/Writ | Filed Affidavit in Support of Petition for Writ. Verification of Petition for Writ of Mandate. | 02-07643 | |
| 05/21/2002 | Order/Procedural | Filed Order/Answer Writ Petition. The real party in interest, on behalf of respondents, shall have 30 days from the date of this order within which to file an answer, including authorities, against issuance of the requested writ. fn1[As this petition challenges an order resolving only the claims between petitioners and Wells Fargo Bank, it appears that Internet Auto Rent & Sales-Daewoo of Reno should not be listed as a real party in interest. The clerk of this court shall remove Internet Auto as a real party in interest from the caption on this court's docket.] | 02-08916 | |
| 06/20/2002 | Petition/Writ | Filed Answer to Petition for Writ. Wells Fargo Bank's Answer against the Issuance of the Writ of Mandate. | 02-10741 | |
| 02/11/2003 | Order/Procedural | Filed Order. Order Directing Response. Wells Fargo, real party in interest, shall have 30 days from the date of this order to file a response, showing cause why a writ should not issue directing the district court to vacate its order and/or prohibiting the district court from entertaining the Aguilars' appeal. | 03-02379 | |
| 05/20/2003 | Order/Dispositional | Filed Order Granting Petition. Granting Petition for Writ of Prohibition. fn1[Because we conclude that the district court lacked jurisdiction over the matter, we construe the petition as one seeking a writ of prohibition.] On February 11, 2003, we allowed Wells Fargo thirty days to file a response. Wells Fargo has not responded. Accordingly, we treat Wells Fargo's lack of response as a confession of error. "We grant the petition, and direct the clerk of this court to issue a writ of prohibition instructing the district court to vacate its March 6, 2002 order and precluding the district court from entertaining appellate jurisdiction over the Aguilars' appeal." fn9[This order does not preclude the Aguilars from filing a new appeal to the district court once the justice's court enters a final judgment resolving the claims against Internet Auto.] SNP03-MS/ML/NB | 03-08506 | |
| 05/20/2003 | Writ | Issued Writ. Original and one copy of writ and copy of order mailed to Karen L. Winters for service upon Judge Michael R. Griffin. | 03-08519 | |
| 06/06/2003 | Writ | Filed Writ. Served on Judge Michael R. Griffin on May 23, 2003. | 03-08519 | |
| 06/17/2003 | Remittitur | Issued Notice in Lieu of Remittitur. | 03-08626 | |
| 06/17/2003 | Case Status Update | Remittitur Issued/Case Closed. | ||