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United States Court Cases

Nevada Supreme/Appellate Court Record

IN RE ESTATE OF OVERTON C/W 33892

Case Information: 32627
Short Caption:IN RE ESTATE OF OVERTON C/W 33892Court:Supreme Court
Consolidated:32627*, 33892
Lower Court Case(s):Douglas Co. - Ninth Judicial District - 98PB0005Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:07/20/1998 / Georgeson, JamesSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/05/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/29/1998Filing FeeReceived Filing Fee Paid on Filing. $200.00 (David Horton -- Check no. 18430).
06/29/1998MotionFiled Motion. Motion for Stay Pending Appeal and/or for Writ of Prohibition or Other Relief.
06/29/1998Other Other. Filed Acknowledgment of Service.
07/01/1998MotionFiled Response to Motion. Opposition to Appellants' Motion for Stay Pending Appeal and/or for Writ of Prohibition for other Relief.
07/01/1998Other Other. Filed Affidavit of Bill Huss in support of Opposition to Appellants' Motion for Stay Pending Appeal and/or for Writ of Prohibition for other Relief.
07/02/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing Statement mailed to counsel for appellants).
07/10/1998MotionFiled Response to Motion. Filed Phoenix Institute for Research & Education, Ltd.'s Opposition to Appellants' Motion for Stay Pending Appeal and/or for Writ of Prohibition or Other Relief.
07/10/1998Transcript RequestFiled Request for Transcript of Proceedings.
07/20/1998Notice/OutgoingIssued Notice. Settlement Conference. Settlement Judge: James Georgeson. (Briefing and Preparation of transcripts suspended pending further order of this court.)
07/23/1998Order/ProceduralFiled Case Processing Order. Order Denying Motion for Stay and Petition for Writ of Prohibition. On June 29, 1998, appellants filed a motion for stay or, in the alternative, a petition for writ of prohibition. We have considered appellants' request for relief, and we are not persuaded that a stay or extraordinary relief is warranted at this time." . . . denying motion for say and petition for writ of prohibition." fn1[The clerk of this court shall alter the caption on this court's docket to conform to the caption appearing in this order.](Docket sheet and case card conformed to the caption appearing in this order.)
08/07/1998Docketing StatementReceived Docketing Statement.
08/11/1998Notice/OutgoingIssued Notice. Lieu of Remittitur. (Appeal still pending)
08/11/1998Other Other. Returned unfiled with letter: original and two copies of the docketing statement.
08/13/1998Other Other. Letter from Assistant Clerk to Mr. Horton. Although a notice in lieu of remittitur issued on August 11, 1998, the notice was only directed to the July 23, 1998, order that denied the motion for a stay and petition for writ of prohibition. Thus, there remains in the above entitled matter a pending appeal. Please resubmit the docketing statement for filing accompained by a motion to file the docketing statement.
09/04/1998MotionFiled Motion. Appellant George Green's Motion for leave to file Docketing Statement, Civil Appeals. (Please see 8/13/98 letter).
09/04/1998Docketing StatementReceived Docketing Statement.
09/09/1998Order/Clerk'sFiled Clerk's Order. Appellant's motion filed September 4, 1998, is granted. The clerk shall file the docketing statement submitted on September 4, 1998, forthwith.
09/09/1998Docketing StatementFiled Docketing Statement.
09/23/1998Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Settlement Conference Report. The parties were unable to agree to a settlement of this matter.
01/29/1999Order/ProceduralFiled Case Processing Order. The parties were unable to agree to a settlement of this appeal. Court reporter Joan Wilder shall have 30 days from this order to comply with the provisions of NRAP 9 (b) and 100 days to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31 (a) (1).
03/03/1999TranscriptFiled Transcript. Certified Transcript of June 22, 1998 Proceedings. Court Reporter: Joan Wilder.
05/12/1999MotionFiled Stipulation and Order. Appellant shall have to and including June 9, 1999 to file the Opening Brief.
06/04/1999MotionFiled Motion. Appellant's Motion to Consolidate Appeals. (nos. 32627/33892).
06/08/1999MotionFiled Motion to Extend Time. Appellant's Motion to Extend Time to file Opening Brief. Nos. 32627/33892.
06/11/1999MotionFiled Response to Motion. Respondent Paul Gilbert, Special Andministrator of the Estate of George David Overton, Response to Appellants' Motion to Consolidate Appeals and Motion to Extend Time to File Opening Brief (nos. 32627 & 33892).
09/28/1999Order/ProceduralFiled Case Processing Order. We Grant appellants' motion to consolidate the above-entitled matters and appellants' motion in docket No. 32627 for an extension of time to file the opening brief. These matters shall be consolidated for all remaing appellate purposes. We waive the requirement that appellants in docket No. 33892 comply with the provisions of NRAP 9 (a). Appellants in the above-consolidated appeals shall, within 60 days from the date of this order, serve and file a single, consolidated opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31 (a) (1). We deny appellants motion to strike. This court will consider the recommendations of the settlement judge after these consolidated appeals are briefed and considered on their merits. Nos. 32627, 33892.
11/29/1999MotionFiled Stipulation and Order. Appellants shall have to and including December 28, 1999, to file and serve their consolidated Opening Brief. (nos. 32627, 33892).
12/28/1999MotionFiled Motion to Extend Time. Request for Additional Time to File Appellants' Consolidated Opening Brief (Second Request--nos. 32627, 33892).
12/30/1999Order/Clerk'sFiled Clerk's Order. Clerk's Order Granting Motion. The appellant's consolidated opening brief and appendix shall be served and filed on or before January 7, 2000 (nos. 32627/33892).
01/07/2000BriefFiled Brief. Appellants' Consolidated Opening Brief (nos. 32627 & 33892). Hand-delivered 1/7/00.
01/07/2000AppendixFiled Appendix. Appellant's Appendix (nos. 32627 & 33892).
02/07/2000MotionFiled Motion and Order Extending Time. Respondents may have to and including March 9, 2000, within which to file the answering brief. (nos. 32627 & 33892).
03/09/2000MotionFiled Motion to Extend Time. Respondent Phoenix Institute for Research & Education,; Ltd's Second Motion to Extend Time to file Answering Brief. (Nos. 32627 and 33892). 00-03755
03/09/2000BriefFiled Answering Brief. Respondent Paul Gilbert, Mailed on: Hand delivered 3/9/00. Nos. 32627 & 33892. 00-03767
03/09/2000AppendixFiled Appendix to Answering Brief. Respondent Paul Gilbert, Nos. 32627 & 33892. 00-03768
04/24/2000Order/ProceduralFiled Order. We grant the motion to extend time to file the answering brief. The clerk of this court shall file the answering brief and appendix provisionally received on March 24, 2000. Further, it appears that the Ekker respondents are not properly parties in this appeal. The clerk of this court shall remove Doris Ekker and Eddy Jo Ekker as respondents in the caption of docket no. 33892. 00-06576
04/24/2000BriefFiled Answering Brief. Respondent Phoenix Institute for Research and Education, Ltd.'s Answering Brief. Nos. 32627, 33892. 00-04765
04/24/2000AppendixFiled Appendix to Answering Brief. Respondent Phoenix Institute for Research and Education, Ltd.'s Appendix. Nos. 32627, 33892. 00-04766
04/24/2000MotionFiled Motion and Order Extending Time. Brief due: May 24, 2000. Nos. 32627, 33892. 00-06577
05/24/2000BriefFiled Reply Brief. Mailed on: Hand delivered 5/24/00. Nos. 32627 & 33892. 00-08726
11/09/2000Order/ProceduralFiled Order. On January 7, 2000, appellant filed an opening brief in these consolidated appeals. On this same date appellant filed one volume of what apparently is a two-volume appendix. Appellant shall, within 7 days from the date of this order, file and serve Volume II of the Appellant's Appendix. Nos. 32627, 33892. 00-19701
11/17/2000AppendixFiled Appendix to Opening Brief. Appellant's Appendix, Volume 2. Nos. 32627/33892 00-20204
03/05/2001Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and these appeals shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. NNP01A-MS/RR/DA Nos. 32627/33892 (01-03957). 01-03957
03/05/2001Case Status Update Submitted for Decision. Nos. 32627/33892.
05/21/2001Order/DispositionalFiled Order of Affirmance. fn1[Appellants also purport to appeal from the denial of their motion for reconsideration. Because the denial of their motion for reconsideration after the entry of the final judgment is non-appealable, we decline to address appellants' substantive arguments on this matter.] The Settlement Judge in this matter suggested in his settlement report that this court award NRAP 38 sanctions against appellants for filing frivolous appeals. We conclude that sufficient cause exists to support the award of sanctions against appellants. We award sanctions in the amount of $250 against each of appellants' counsel for a total award of $500, payable to respondents. "ORDER the judgments of the district court AFFIRMED." NNP01A-MS/DA/RR. Nos. 32627/33892. 01-08463
06/08/2001Filing FeeReceived Filing Fee Paid on Filing. $100 cash from David Horton.
06/08/2001Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: Hand delivered 6/8/01. Nos. 32627/33892. (01-09605). 01-09605
08/29/2001Post-Judgment OrderFiled Order/Rehearing Denied. Order Denying Petition for Rehearing and Modifying Order. We modify our previous order to correct two typographical errors as follows: On page 3 of the order, the references to "NRS 136.040" on line 1 and in footnote 5 shall be replaced with references to "NRS 139.040." " . . . although we deny rehearing, we modify our previous order as indicated." NNP01A-MS/DA/RR. Nos. 32627/33892. 01-14617
09/14/2001RemittiturIssued Remittitur. 01-14675
09/14/2001Case Status Update Remittitur Issued/Case Closed.
09/20/2001RemittiturFiled Remittitur. Received by County Clerk on September 17, 2001. 01-14675