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United States Court Cases

Nevada Supreme/Appellate Court Record

DZIUBA VS. GREEN

Case Information: 30242
Short Caption:DZIUBA VS. GREENCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A335443Classification:Civil Appeal - General - Other
Disqualifications:BeckerCase Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:04/16/1997 / Hoppe, CraigSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/09/1997Filing FeeReceived Filing Fee Paid on Filing. $100.00 from Robert A. Massi - Check No. 00109.
04/09/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
04/14/1997Transcript RequestFiled Request for Transcript of Proceedings. To Court Reporter: Alice Eastgate.
04/16/1997Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Craig A. Hoppe. (Briefing and preparation of transcripts suspended pending further order of this court.)
04/21/1997Other Other. Received a copy of the Affidavit of Court Reporter Alice F. Eastgate. Filed in the district court on April 15, 1997.
04/22/1997Filing FeeReceived Filing Fee Paid on Filing. $100.00 on cross-appeal (Thomas R. Green - Check No. 6182).
04/22/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Docketing statement mailed to counsel for cross-appellant.)
04/24/1997Docketing StatementFiled Docketing Statement. (Appellants'/Cross-Respondents')
05/09/1997Docketing StatementFiled Docketing Statement. Thomas and Cathy Green - Cross-Appellants.
05/22/1997TranscriptFiled Transcript. Reporter's Transcript re: Non-jury trial - 10/3/96.
05/30/1997Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to no later than 90 days from the date of this report.
08/26/1997Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. To be set within 60 days.
05/14/1998Letter/IncomingFiled Letter. from Settlement Judge Craig A. Hoppe re: status of several pending Settlement Conferences. (Nos. 31538, 31537, 31155, 30599, 31529, 30242, and 30274.)
06/15/1998Order/ProceduralFiled Case Processing Order. The Settlement Judge shall have 90 days from the date of this order to file a final settlement conference report in this matter indicating either that the parties have or have not agreed to a settlement of this matter.
10/15/1998Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Additional time is needed.
01/04/1999OtherDisqualification of Justice Becker. Sat in district court proceedings.
04/02/1999Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. The parties continue to negotiate.
09/16/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.
10/27/1999MotionFiled Motion. To withdraw as attorney of record (called for service).
11/08/1999Other Other. Filed Certificate of Mailing (for Motion to Withdraw).
04/20/2000Order/ProceduralFiled Case Processing Order. On October 27, 1999, attorney Robert A. Massi, filed a motion to withdraw as counsel of record of Appellants/Cross-Respondents. We grant counsel's motion to withdraw. Counsel shall, within 10 days serve a copy of this order on Appellants/Cross-Respondents and file proof of such service with this court. Appellants/Cross-Respondents shall have 30 days from the date of this order to obtain new counsel and cause new counsel to file a notice of appearance with this court. Failure to comply with this order may result in dismissal of their appeal as abandoned. On September 16, 1999, the settlement judge filed a report with this court indicating that the parties were unable to agree to a settlement of this appeal and cross-appeal. Respondents/Cross-Appellants shall have 15 days from the date of this order to file a transcript request form or certificate of no transcript request. Appellants/Cross-Respondents: 120 days to file and serve the Opening Brief and Appendix. Briefing shall proceed in accordance with NRAP 31(a)(1).
05/03/2000Other Other. Filed Notice of Entry of Order.
05/19/2000Notice/IncomingFiled Notice of Appearance. Representing Appellants/Cross-Respondents: John E. Leach, Esq. of the law firm James, Driggs, Walch, Santoro, Kearney, Johnson & Thompson.
05/25/2000Order/ProceduralFiled Case Processing Order. Respondents/Cross-Appellants shall, within 10 days of the date of this order, file and serve either a transcript request form or a certificate of no transcript request or show cause why their cross-appeal should not be dismissed as abandoned.
06/09/2000Other Other. Filed Certificate concerning transcripts and Notice of Settlement.
08/14/2000Order/ProceduralFiled Order/Show Cause. Respondents/cross-appellants Thomas Green and Cathy Green shall have 10 days from the date of this order to file the stipulation which will resolve this entire case or show cause why their cross-appeal should not be dismissed as abandoned. fn1[Appellants Robert Dziuba and Janet Dziuba's opening brief and appendix remain due to be filed on or before August 18, 2000.] 00-14121
11/22/2000Order/ProceduralFiled Case Processing Order. We hereby dismiss the cross-appeal of respondents/cross-appellants Thomas Green and Cathy Green as abandoned. The clerk of this court shall modify the caption accordingly. Appellants Robert Dziuba and Janet Dziuba shall have 15 days from the date of this order to file and serve the opening brief and appendix or to show cause why their appeal should not be dismissed as abandoned. 00-20587
12/21/2000MotionFiled Stipulation/Dismiss Appeal. Stipulation of Dismissal with Prejudice. 00-22238
03/22/2001Order/ProceduralFiled Order. We defer ruling on the parties' stipulation. Appellants shall have 60 days from the date of this order to file in this court a copy of an order of district court certifying that it is inclined to grant the parties' requested relief and enter an amended judgment. Failure to comply with this order in a timely manner may result in the dismissal of this appeal as abandoned. 01-05095
08/24/2001Order/DispositionalFiled Order Dismissing Appeal. "we dismiss this appeal as abandoned." NNP01A MS/RR/DA 01-14359
09/07/2001Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: 09/06/01. 01-15155
09/07/2001Notice/IncomingFiled Affidavit. John E. Leach. 01-15156
09/07/2001Other Other. Filed Michael K. Wall's Joinder in Appellants' Petition for Rehearing. 01-15158
09/07/2001Other Other. Filed Thomas R. Green's Joinder in Appellants' Petition for Rehearing. 01-15160
02/21/2002Order/DispositionalFiled Stipulated Dismissal. Order Granting Petition for Rehearing, Reinstating Appeal and Remanding to District Court. On December 21, 2000, the parties to this appeal filed a stipulation to dismiss this appeal and to remand to the district court for entry of an amended judgment. The parties failed to comply with the procedures for remand set forth in Huneycutt. On August 24, 2001, appellants having failed to comply with the March 22, 2001 order to file in this court an order of the district court certifying that it is inclined to grant the parties' requested relief and enter an amended judgment, or to inform this court in writing if they are unable to obtain Huneycutt certification, we dismissed this appeal as abandoned. On September 7, 2001, appellants filed a petition for rehearing. Respondents have joined in the petition. Appellants request this court to reinstate this appeal and remand this matter to the district court for entry of an amended judgment. We grant the petition and reinstate this appeal. We approve the parties' December 21, 2000 stipulation. 'We remand this matter to the district court pursuant to its certification, and we dismiss this appeal.' The parties shall bear their own costs and attorney fees. NRAP 42(b). NNP01A-MS/DA/RR 02-03302
02/21/2002Case Status Update Case Closed. No remittitur issued.