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United States Court Cases

Nevada Supreme/Appellate Court Record

BARTELLO VS. BELMONT

Case Information: 34903
Short Caption:BARTELLO VS. BELMONTCourt:Supreme Court
Related Case(s): 33692
Lower Court Case(s):Clark Co. - Eighth Judicial District - A345894Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/08/1999 / Hoppe, CraigSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:11/07/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/29/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Hutchison & Steffen Ltd.--check no. 7962.
09/29/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-09349
10/08/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Craig A. Hoppe. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
11/24/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-11777
12/16/1999Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Appellant: 15 days to file the docketing statement and to comply with NRAP 9(a); 120 days to file opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to counsel for appellants). 99-12716
01/03/2000Transcript RequestFiled Certificate of No Transcript Request. 00-00038
01/03/2000Docketing StatementFiled Docketing Statement. 00-00040
01/10/2000Docketing StatementFiled Response to Docketing Statement. 00-00352
01/24/2000MotionFiled Motion. Motion to Withdraw as Counsel of Record. 00-01125
03/03/2000Order/ProceduralFiled Order Granting Motion. We grant the firm's motion to withdraw from representation of appellants. The firm shall serve a copy of this order on appellants and shall file proof of such service within 10 days from the date of this order. Appellants shall, within 30 days from the date of this order, retain new counsel to represent them and to enter an appearance with this court. Failure to comply with this order in a timely fashion may result in the dismissal of this appeal as abandoned. 00-03373
03/16/2000Notice/IncomingFiled Proof of Service. Certificate of Service of Supreme Court Order filed March 3, 2000. 00-04176
04/10/2000MotionFiled Motion to Extend Time. 00-05668
04/11/2000MotionFiled Response to Motion. Respondents' Opposition to Appellant's Motion to Extend Time for the Filing of the Brief. 00-05802
04/25/2000Order/ProceduralFiled Order. re: Jurisdiction. Appellants shall have 30 days from the date of this order within which to submit documents establishing this court's jurisdiction to consider this appeal. Briefing shall be suspended pending further order of this court. Fn2[In light of our order suspending the briefing schedule, we deny as moot the April 10, 2000, motion for extension of time and the April 11, 2000, opposition.] 00-06713
05/30/2000MotionFiled Response to Order to Show Cause. Response to Court's Order Re: Jurisdiction. 00-09084
06/09/2000MotionFiled Motion. 00-09791
07/26/2000Order/ProceduralFiled Order. Order Determining Jurisdiction and Granting Motion to Withdraw. We conclude, based on the record before us, that this court has jurisdiction to consider this appeal. On June 9, 2000, attorney Marshal S. Willick filed a motion to withdraw as attorney of record for appellants. We grant attorney Willick's unopposed motion to withdraw as attorney of record for appellants. Attorney Willick shall serve a copy of this order on appellants, and shall file proof of such service within 10 days from the date of this order. Appellants shall, within 40 days from the date of this order, retain new counsel to represent them in this matter, and cause counsel to enter an appearance with this court. Appellants' opening brief shall be served and filed within 90 days from the date counsel enters an appearance in this court. Briefing shall proceed with NRAP 31(a)(1). Failure to comply with this court may result in dismissal of this appeal as abandoned. 00-12921
08/02/2000Notice/IncomingFiled Proof of Service. of 7/26/00 order. Served on attorney Randall J. Roske. 00-13343
09/06/2000Notice/IncomingFiled Notice of Appearance. Randall J. Roske hereby makes his appearance as attorney of record for the Appellant, Frank Bartello, now known as Vince Michael Bartello, individually, Certified Male of Las Vegas, Inc. 00-15642
12/18/2000MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appeal Pursuant to NRAP 31(c) and for Attorney' s Fees and Costs Pursuant to NRAP 38. 00-22039
12/27/2000MotionFiled Response to Motion. Opposition to Motion to Dismiss Appeal pursuant to NRAP 31(c) and for Attorney's Fees and Costs pursuant to NRAP 38 and Counter Motion for Extension of Time within which to File Opening Brief. 00-22554
12/29/2000MotionFiled Motion for Permission to File Document. Respondents' Motion for Leave to File Reply in Support of Motion to Dismiss Appeal Pursuant to NRAP 31(c ) and for Attorneys Fees and Costs Pursuant to NRAP 38. 00-22706
12/29/2000MotionFiled Response to Motion. Respondents' Opposition to Counter Motion for Extension of Time Within Which to File Opening Brief. 00-22707
03/23/2001Order/ProceduralFiled Order Denying Motion. Because this court prefers to decide cases on their merits, we deny respondents' motion to dismiss this appeal. Further, having ruled on the motion to dismiss, we deny respondents' motion for leave to file a reply to appellants' opposition to the motion to dismiss. Also, the date requested in appellants' motion for an extension of time having expired, we deny appellants' motion for an extension of time to file and serve the opening brief and appendix as moot. In the interest of justice, appellants shall have 20 days from the date of this order to file and serve the opening biref and appendix. Thereafter, briefing shall comply with NRAP 31(a)(1). Failure to fully comply with this order in a timely manner may result in the imposition of sanctions against counsel for appellants or the dismissal of this appeal as abandoned. We do not expect any further delay in the prosecution of this appeal. 01-05163
04/13/2001BriefFiled Opening Brief. Mailed on: LV Drop Box 04/11/01. 01-06388
04/13/2001AppendixFiled Appendix to Opening Brief. Vols. 1 through 5. 01-06389
05/15/2001BriefFiled Answering Brief. Mailed on: 05/11/01. 01-08054
05/15/2001AppendixFiled Appendix to Answering Brief. 01-08055
05/31/2001BriefFiled Reply Brief. Mailed on: Las Vegas Drop Box. 01-09060
05/31/2001Case Status Update Briefing Completed.
11/07/2001Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 01-18608
11/07/2001Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP02-CY/DA/ML
01/02/2002Order/DispositionalFiled Order of Affirmance. Having considered appellants' arguments, we conclude that the district court did not abuse its discretion. 'ORDER the judgment of the district court AFFIRMED.' SNP02-CY/DA/ML 02-00009
01/29/2002RemittiturIssued Remittitur. 02-00587
01/29/2002Case Status Update Remittitur Issued/Case Closed.
02/13/2002RemittiturFiled Remittitur. Received by County Clerk on February 1, 2002. 02-00587