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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 34336
Short Caption:WHEELER SPRINGS PLAZA VS. BEEMON C/W 35566Court:Supreme Court
Consolidated:34336*, 35566 Related Case(s): 35566 , 39071 , 39094
Lower Court Case(s):Nye Co. - Fifth Judicial District - CV13909Classification:Civil Appeal - General - Other
Disqualifications:RoseCase Status:Remittitur Issued/Case Closed
Replacement:Justice Maupin for Justice RosePanel Assigned: Panel
To SP/Judge:06/30/1999 / Paustian, KathleenSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/05/2001How Submitted:On Briefs

+ Party Information

Docket Entries
06/11/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Goold firm-check no. 17017.
06/11/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 99-05049
06/16/1999Notice/OutgoingIssued Notice to Transmit Required Document. Judgment filed 3/10/99; District court docket entries; District court minutes. Due Date: 10 days
06/22/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Janet L. Chubb. (Briefing and preparation of transcripts suspended pending further order of this court.)
06/30/1999Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Kathleen M. Paustian.
08/16/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-07604
08/31/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 99-08156
09/07/1999Notice/OutgoingIssued Letter. Returned, unfiled the original and three copies of the docketing statement.
09/15/1999Notice/OutgoingIssued Notice to Transmit Required Document. Judgment filed 3/10/99 and notice of entry; Order filed 4/19/99 and notice of entry; Notice of entry of 4/29/99 order. Due Date: 10 days
09/17/1999MotionFiled Motion to Extend Time. 99-08831
09/22/1999Order/Clerk'sFiled Clerk's Order. The docketing statement provisionally submitted on September 17, 1999, shall be filed, forthwith. 99-09006
09/22/1999Docketing StatementFiled Docketing Statement. 99-08832
09/22/1999Transcript RequestFiled Request for Transcript of Proceedings. Proceedings: February 3-5, 1999. To Court Reporter: Cecily Krawczyk. 99-09007
09/24/1999Notice of Appeal DocumentsFiled Documents from District Court Clerk. Judgment on the Verdict filed 3/10/99; Order filed 4/19/99; Notice of Entry of 4/19/99 order filed 4/28/99. 99-09160
11/03/1999TranscriptFiled Transcript. Proceedings: February 3, 1999, February 4, 1999 and February 5, 1999. Court Reporter: Cecily Krawczyk. NOTE: RETURNED to court reporter Krawczyk on 11/3/99. 99-10739
11/16/1999Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Appellant: 120 days to file opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 99-11361
02/17/2000TranscriptFiled Transcript. Proceedings: February 3, 1999, February 4, 1999 and February 5, 1999. Court Reporter: Cecily Krawczyk. 00-02527
03/07/2000MotionFiled Stipulation. Stipulation for Consolidation of Cases. (Nos. 34336 and 35566). 00-03572
03/10/2000MotionFiled Motion to Extend Time. (nos. 34336/35566). 00-03849
04/06/2000Order/ProceduralFiled Order/Consolidation. We hereby consolidate the above-entitled appeals for all appellate purposes. We vacate our notice of settlement conference issued on February 2, 2000 in Docket No. 35566. Appellant-No. 35566: 15 days to file a transcript request form or certificate of no transcript request and a docketing statement. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of such appeal. Appellant shall have 70 days to file and serve a single opening brief and appendix. Thereafter briefing shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to counsel-Docket No. 35566). Nos. 34336, 35566. 00-05540
06/19/2000BriefFiled Opening Brief. Mailed on: 6/15/00. Nos. 34226 & 35566. 00-10438
06/19/2000AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. Nox. 34336 & 35566. 00-10439
07/20/2000BriefFiled Answering Brief. Mailed on: 7/17/00. Nos. 34336 & 35566. 00-12576
08/08/2000MotionFiled Motion. Motion to File Amended Appellant's Opening Brief. Nos. 34336/35566. 00-13755
08/23/2000BriefFiled Reply Brief. Mailed on: 8/21/00. Nos. 34336 & 35566. 00-14821
08/24/2000Order/ProceduralFiled Order. We grant appellant's motion filed on August 8, 2000. The clerk of this court shall forthwith strike appellant's brief filed on June 19, 2000, and shall file appellant's amended opening brief which was provisionally submitted on August 8, 2000 (nos. 34336/35566). 00-14884
08/24/2000BriefFiled Opening Brief. (Amended Opening Brief) - Mailed on: 8/4/00 (nos. 34336/3566).
10/05/2000Order/ProceduralFiled Order. Oral argument will not be scheduled and this appeal shall stand submitted as of the date of this order, on the record and briefs filed herein. Nos. 34336, 35566. 00-17682
10/05/2000Case Status Update Submitted for Decision. Nos. 34336, 35566.
03/05/2001OtherDisqualification of Justice Rose. Relation to party.
03/05/2001Case Status Update Resubmitted for Decision. Panel: Northern Nevada Panel. NNP01A-WM/MS/DA Nos. 34336/35566.
04/16/2001Order/ProceduralFiled Order. On January 28, 2000, this court issued a notice in No. 35566 directing appellant to file the case appeal statement within 10 days. To date, appellant has failed to file the case appeal statement. In the interest of judicial efficiency, we waive the requirement to file the case appeal statement. We caution counsel that future failure to comply with NRAP may result in the imposition of sanctions against counsel. Nos. 34336/35566. 01-06469
05/21/2001Order/DispositionalFiled Dispositional Order/Appeal. Order Reversing and Remanding. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." NNP01A-WM/MS/DA. Nos. 34336/35566. 01-08367
06/04/2001MotionFiled Motion. Appellant's Bill of Costs. Nos. 34336/35566. 01-09276
06/07/2001Filing FeeReceived Filing Fee Paid on Filing. $100 from Goold firm-check no. 49320.
06/07/2001Post-Judgment PetitionFiled Petition for Rehearing. (Appellants) Mailed on: 06/06/01. Nos. 34336/35566. 01-09496
06/18/2001Order/DispositionalFiled Dispositional Order/Appeal. Corrected Order Reversing and Remanding. "We reverse the judgment against Wheeler Springs and remand this case to the district court." On Remand, the district court shall re-determine the amount of damages owed to Wheeler Springs and shall enter judgment that reflects the amount of rent and other charges due to Wheeler Springs under the various lease agreements with individual respondents. Because our reversal negates respondents' success on their claims, respondents are no longer entitled to attorney fees and costs. Thus, we reverse the district court's order granting attorney fees and costs to respondents. Nos. 34336/35566. 01-10160
07/10/2001Post-Judgment OrderFiled Order/Rehearing Denied. NNP01A-WM/MS/DA. Nos. 34336/35566. 01-11625
07/26/2001RemittiturIssued Remittitur. Memorandum of Cost and Disbursements allowed and taxed in the amount of $250.00. 01-11667
07/26/2001Case Status Update Remittitur Issued/Case Closed.
08/15/2001RemittiturFiled Remittitur. Received by County Clerk on July 30, 2001. 01-11667
01/16/2002Notice/IncomingFiled Notice. David Amesbury withdraws as counsel of record for respondents. (No action required.) Nos. 34336/35566 02-01113