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United States Court Cases

Nevada Supreme/Appellate Court Record

BELL VS. LEVEN

Case Information: 36193
Short Caption:BELL VS. LEVENCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A398749Classification:Civil Appeal - General - Other
Disqualifications:ShearingCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:06/02/2000 / Mishel, PersiSP Status:Completed
Oral Argument:03/10/2004 at 9:30 AMOral Argument Location:Las Vegas Office
Submission Date:03/10/2004How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/30/2000OtherDisqualification of Justice Shearing. Law firm of Gordon & Silver.
05/30/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Corporation for Public Internet Access--check no. 1007.
05/30/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-09019
05/30/2000Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
06/02/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Persi J. Mishel. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
06/12/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 on cross-appeal from Gordon & Silver--check no. 14696.
06/12/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. 00-09897
06/15/2000Notice/Outgoing Letter.
06/20/2000Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: June 16, 2000. 00-10553
08/30/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-15306
08/30/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statements mailed to counsel for appellant/cross-respondent and respondent/cross-appellant.) Due Date: 15 days
09/11/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Upon the filing of the docketing statements, this court shall conduct a preliminary jurisdictional review of this appeal. Appellant/cross-respondent and respondents/cross-appellants: 15 days each to comply with NRAP 9(a). Appellant/cross-respondent: 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 00-15927
09/14/2000Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 00-16217
09/21/2000Notice/IncomingFiled Errata. Errata to Appellant/Cross-Respondent's Docketing Statement of Civil Appeal. 00-16692
09/27/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: March 28, 29, 30, 2000. To Court Reporter: Tom Mercer. 00-17061
09/29/2000Notice/IncomingFiled Proof of Service. (request for transcript of proceedings). 00-17249
12/06/2000Order/ProceduralFiled Order. On September 27, 2000, appellant/cross-respondent filed a transcript request form requesting court reporter Tom Mercer to prepare and file certified copies of transcripts for proceedings held on March 28, 29, and 30, 2000. On September 29, 2000, appellant/cross-respondent filed a certificate of service of the transcript request form via facsimile. Delivering documents to parties via facsimile is not a proper manner of service. Appellant/cross-respondent shall file a certificate of proper service of the transcript request form within 10 days from the date of this order. Court reporter Mercer shall file and serve certified copies of the requested transcripts within 20 days of receipt of proper service. Respondent/cross-appellant shall file a docketing statement and a transcript request form or certificate of no transcript request within 10 days from the date of this order. (Docketing statement mailed to counsel for respondents/cross-appellants.) 00-21293
12/18/2000Notice/IncomingFiled Proof of Service. (12/06/00 Order). 00-22058
01/10/2001BriefFiled Opening Brief. Mailed on: Fed Ex 01/09/01. 01-00530
01/10/2001AppendixFiled Joint Appendix. 01-00531
01/29/2001TranscriptFiled Transcript. Proceedings: March 28 and 29, 2000. Court Reporter: Tom Mercer. 01-01859
02/07/2001Order/ProceduralFiled Order. Court reporter Mercer shall have 20 days from the date of this order to file the remaining transcripts from proceedings held on March 30, 2000, request an extension of time pursuant to NRAP 9(c)(1), or to inform this court in writing why the remaining requested transcript cannot be prepared. On January 11, 2001, respondents/cross-appellants submitted an untimely docketing statement and certificate of no transcript request. In the interest of judicial economy, the clerk of this court shall file the docketing statement and certificate of no transcript request. We admonish counsel for respondents/cross-appellants for submitting untimely documents, and for failing to file a motion for leave to file untimely documents. 01-02523
02/07/2001Docketing StatementFiled Docketing Statement. (Respondents/Cross-Appellants.) 01-00720
02/07/2001Transcript RequestFiled Certificate of No Transcript Request. (Respondents/Cross-Appellants.) 01-00722
02/14/2001BriefFiled Answering Brief. Respondents/Cross-Appellants' Brief. Mailed on: 02/12/01. 01-02937
02/15/2001TranscriptFiled Transcript. Proceedings: 03/20/00. Court Reporter: Tom Mercer. 01-02985
03/21/2001BriefFiled Reply Brief. Mailed on: LV Drop Box 03/19/01. 01-04975
03/29/2001Order/ProceduralFiled Order/Show Cause. Appellant and cross-appellants shall have 20 days from the date of this order to show cause why this appeal and cross-appeal should not be dismissed for lack of jurisdiction. 01-05531
04/20/2001MotionFiled Response to Order to Show Cause. Joint Response to Order to Show Cause and Request for Leave to Correct Clerical Mistake in Judgment pursuant to NRCP 60(a). 01-06743
10/29/2001Order/ProceduralFiled Order. Denying Request for Leave to Correct Clerical Error and Directing Response. In response to our show cause order, the parties assert that the above-mentioned claims were withdrawn prior to trial, and the omission of the claims' resolution from the final judgment was a mere clerical error. We conclude that the district court's failure to dismiss the withdrawn claims and counterclaims in the final judgment was not a clerical error, but was the result of the court's failure to exercise its judicial function. We deny the parties' request for leave to correct a clerical error. The parties shall have 30 days from the date of this order to obtain a written judgment from the district court formally resolving these claims and counterclaims, and transmit a certified copy of the judgment to the clerk of this court. In order to perfect their appeals, the parties must file amended notices of appeal from the judgment or order in compliance with NRAP 4(a). 01-18045
12/03/2001MotionFiled Response to Order to Show Cause. Response to Order Denying Request for Leave to Correct Clerical Error and Directing Response (Appellant/Cross-Respondent - Certified copy of Amended Judgment filed November 29, 2001). 01-20147
01/02/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. (Richard Bell d/b/a Liberty Realty) 02-00007
01/02/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. (Robert Leven, Sandy Leven and RSC Limited Partnership) 02-00008
01/25/2002MotionFiled Motion. Motion for Clarification of Order. 02-01731
03/21/2002Notice/IncomingFiled Notice. Notice of Bankruptcy of respondent Robert Leven. 02-05054
05/06/2002Order/ProceduralFiled Order. Order Staying Appeal and Cross Appeal. On March 21, 2002, appellant/cross-responded filed a notice informing this court that respondent/cross-appellant, Robert Leven, had filed for bankruptcy on July 7, 2001. This appeal and cross-appeal are stayed. Because this appeal and cross-appeal remain on this court's active docket, however, counsel for Mr. Leven, attorney David K. Winter, shall file a status report with this court indicating whether the bankruptcy stay is still in effect within 90 days from the date of this order. If however, the bankruptcy stay is lifted prior to that filing date, Mr. Winter shall immediately file a notice with this court and include copies of any relevant orders filed by the bankruptcy court. 02-07861
07/22/2002MotionFiled Response to Order to Show Cause. Response to Court's Order Staying Appeal and Cross-Appeal re: Notice of Entry of Order by the Bankruptcy Court Granting Relief from and Annuling the Automatic Stay Thereby Allowing the Appeal to Proceed. 02-12475
08/20/2002Order/ProceduralFiled Order. Order Lifting Bankruptcy Stay. On July 22, 2002, appellant/cross-respondent ('appellant') filed a notice indicting that the bankruptcy court had entered an order lifting the stay. fn1[On May 6, 2002, order directed counsel for respondent to file a status report on the bankruptcy proceedings by August 5, 2002. Because appellant's notice is sufficient to lift the stay in this appeal, we vacate that portion of our May 6, 2002, order.] An order of the bankruptcy court entered on July 18, 2002, is attached to the notice. That order specifically lifts the automatic stay imposed in this appeal and cross-appeal, as well as in the district court proceedings from which this appeal arose. This appeal may proceed. Any briefing or filing deadlines remain suspended pending this court's resolution of the possible jurisdictional defect addressed in appellant's December 3, 2001, Response to Order to Show Cause and resolution of appellant's January 25, 2002, motion for clarification. 02-14178
08/28/2002Order/ProceduralFiled Order. Allowing Appeal to Proceed and Directing Supplemental Briefing. As the jurisdictional defect has been cured, this appeal shall proceed. As the briefing has been completed in this matter, appellant filed a motion for clarification. fn1[We note that we stayed this appeal and cross-appeal on May 6, 2002, pursuant to Robert Leven's bankruptcy filing. We lifted our stay of this appeal on August 20, 2002.] We grant appellant's motion, and allow the parties to file supplemental briefs. Appellant shall have 30 days from the date of this order to file and serve a supplemental opening brief. Respondent shall have 30 days thereafter to file and serve a supplemental answering brief. Appellant shall thereafter file any supplemental reply brief within 20 days. 02-14759
09/27/2002BriefFiled Supplemental Brief. Appellant's Supplemental Opening Brief. Mailed on: Fed Ex 09/26/02. 02-16790
10/01/2002Other Other. Received Table of Contents to Appellant's Supplemental Opening Brief. Attached to inside front cover of original and copies of brief.
11/01/2002BriefFiled Supplemental Brief. Respondents/Cross-Appellant's Reply (Answering) Brief with Comment on Appellant's Supplemental Opening Brief. Mailed on: 10/28/02. (This brief also contains the reply brief on cross-appeal. 10/13/03 order). 02-18872
11/12/2002MotionFiled Motion. Motion to Strike "Respondents/Cross-Appellants' Reply Brief with comment on Appellant's Supplemental Opening Brief" and for Sanctions. 02-19423
12/02/2002MotionReceived Response to Motion. Opposition to Motion to Strike Respondents/Cross-Appellants' Reply Brief. 02-20576
04/30/2003Notice/IncomingFiled Notice of Change of Address. Attorney David K. Winter. 03-07353
10/13/2003Order/ProceduralFiled Order Denying Motion. filed November 12, 2002. On August 28, 2002, this court entered an order allowing this appeal to proceed after the parties remedied a potential jurisdictional defect. That order noted that briefing was completed. Nevertheless, it directed the parties to file supplemental briefs addressing any issues raised anew or altered by the entry of an amended judgment by the district court. On September 27, 2002, appellant/cross-respondent ('appellant') filed his supplemental opening brief. On November 1, 2002, respondents/cross-appellants ('respondents') filed a combined supplemental answering brief and reply brief on cross-appeal. fn1[ Respondents entitled that brief, "Reply Brief With Comment On Appellant's Supplemental Opening Brief."] It appears respondents included a reply brief on cross-appeal under the same cover as the supplemental answering brief because briefing was stayed in this matter prior to the due date for the reply brief on cross-appeal. fn2[Appellant filed a combined reply brief on appeal/answering brief on cross-appeal on March 21, 2001. Accordingly, respondents' reply brief on cross-appeal was not due to be filed until April 21, 2001. This court entered an order to show cause why the appeal and cross-appeal should not be dismissed for lack of jurisdiction on March 29, 2001.] Thus our August 28, 2002, order had erroneously concluded that briefing was completed in this appeal. Appellant has filed a motion to strike respondents' combined brief and for sanctions. Respondents oppose the motion. fn3[Respondents' opposition was filed untimely. Respondents served the opposition by mail on November 25, 2002, and the opposition was received in this court on December 2, 2002. In the interest of judicil economy we direct the clerk of this court to file the opposition received on December 2, 2002.] Noting that the reply brief on cross-appeal comprises the bulk of respondents' combined brief, appellant asserts that the combined brief is "essentially a . . . reply [brief]' that 'is overdue by more than a year and half." Further, appellant argues that he should not be prejudiced by having to expend additional fees and costs responding to the "improper Reply brief." We note that no response is allowed to a reply brief unless granted by this court. See NRAP 31(a)(1). Accordingly, appellant need not expend any costs in responding to the reply brief on cross-appeal. Appellant, may, however, file a supplemental reply brief addressing that portion of respondents' combined brief that includes the supplemental answering brief. Appellant may file that supplemental reply brief within 10 days from the date of this order. Because respondents may file a reply brief on appeal and because appellant need not respond to that brief, we deny appellant's motion to strike and for sanctions. Although we decline to strike any portions of the briefs or impose sanctions as this time, we remind the parties that this court will disregard any issues improperly before it and may impose sanctions if, after further review, we determine that the appellate process has been misused. 03-16960
10/13/2003MotionFiled Response to Motion. Opposition to Motion to Strike Respondents/Cross-appellants' Reply Brief. 02-20576
11/03/2003Case Status Update Briefing Completed. No reply brief filed.
01/21/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on March 10, 2004, at 9:30 a.m. (SNP04S-DA/RR/WM)
02/25/2004Notice/OutgoingIssued Oral Argument Reminder Notice.
03/10/2004Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP04S-DA/RR/WM.
06/11/2004Opinion/DispositionalFiled Per Curiam Opinion. "Reversed and remanded." Before Rose, Maupin and Douglas, JJ. Author: Per Curiam. 120 Nev. Adv. Opn. No. 43. SNP04D 04-10803
07/06/2004RemittiturIssued Remittitur. 04-11423
07/06/2004Case Status Update Remittitur Issued/Case Closed.
07/30/2004RemittiturFiled Remittitur. Received by County Clerk on July 9, 2004. 04-11423