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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 36055
Short Caption:FINK VS. OSHINSCourt:Supreme Court
Related Case(s): 41599
Lower Court Case(s):Clark Co. - Eighth Judicial District - A375844Classification:Civil Appeal - General - Other
Disqualifications:MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/11/2000 / Allf, NancySP Status:Completed
Oral Argument:04/08/2002 at 11:00 AMOral Argument Location:Carson City
Submission Date:04/08/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
05/04/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Graziadei & Cantor--check no. 15618.
05/04/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-07258
05/11/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Nancy L. Allf. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
12/11/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-21610
12/11/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
12/22/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 00-22305
01/09/2001MotionFiled Motion to Extend Time. 01-00485
01/16/2001Order/Clerk'sFiled Clerk's Order Granting Motion. The clerk of this court shall file appellant's docketing statement received on January 5, 2001, and respondent's response to docketing statement received on January 9, 2001. 01-00826
01/16/2001Docketing StatementFiled Docketing Statement. 01-00239
01/16/2001Docketing StatementFiled Response to Docketing Statement. 01-00486
02/26/2001Order/ProceduralFiled Order. To date, appellant has failed to file either a transcript request form or a certificate that no transcript is to be requested. Appellant shall, within 10 days of the date of this order, file and serve the required document. Failure to comply timely with this order amy result in the mposition of sanctions against appellant's counsel. 01-03514
03/05/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: March 21, 2000. To Court Reporter: Cathy Nelson. 01-03926
03/08/2001Transcript RequestFiled Certificate of No Transcript Request. 01-04238
03/23/2001Order/ProceduralFiled Order/Show Cause. Appellant shall have 30 days from the date of this order to (1) file an amended docketing statement that fully complies with NRAP 14, and (2) show cause why this appeal should not be dismissed for lack of jurisdiction. Failure to demonstrate that this court has jurisdiction may result in this court's dismissal of this appeal. Appellant's counsel shall have 30 days from the date of this order to show cause why the imposition of sanctions is not warranted under NRAP 14( c). (Docketing statement mailed to counsel for appellant.) 01-05168
04/23/2001Docketing StatementFiled Docketing Statement. Amended Docketing Statement. 01-06827
04/23/2001MotionFiled Response to Order to Show Cause. Response of Counsel for Appellant to Order to Show Cause. 01-06829
04/24/2001MotionFiled Motion to Extend Time. 45 days requested. 01-06904
04/26/2001Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant's opening brief and appendix shall be served and filed on or before June 5, 2001. 01-06998
06/08/2001MotionFiled Motion to Extend Time. (Second) 01-09570
06/11/2001MotionFiled Response to Motion. Respondent's Response to Appellant's Motion for Enlargement of time in which to File Appellant's Opening Brief. 01-09703
06/15/2001Order/ProceduralFiled Order Granting Motion. filed June 8, 2001. Appellant shall have until June 25, 2001, to file and serve the opening brief and appendix. We caution counsel that failure to demonstrate extreme and unforeseeable circumstances for additional requests for extension of time may result in the denial of the motion. In the opposition filed on June 11, 2001, counsel for respondent also represents that he did not receive a copy of appellant's April 23, 2001, response to this court's order to show cause entered on March 23, 2001. In the interest of judicial efficiency, we direct counsel for appellant to serve another copy of the response on counsel for respondent. We deny respondent's request for leave to file a reply to the response. 01-10048
06/27/2001BriefFiled Opening Brief. Mailed on: LV Drop Box 06/25/01. 01-10890
06/27/2001AppendixFiled Joint Appendix. Vols. 1 through 4. 01-10891
06/28/2001Notice/IncomingFiled Proof of Service. -- Re-Service of Documents (Response to OSC filed 4/23/01). 01-10931
06/28/2001TranscriptFiled Transcript. Proceedings: March 1, 2000. Court Reporter: Cathy Nelson. 01-10959
07/06/2001Order/ProceduralFiled Order. It appears that we have jurisdiction over this appeal and that the parties may proceed with briefing as scheduled. 01-11425
07/20/2001MotionFiled Stipulation and Order. Brief due: August 29, 2001. 01-12380
08/24/2001BriefFiled Answering Brief. Mailed on: Fed Ex 08/24/01. 01-14361
09/21/2001MotionFiled Motion and Order Extending Time. Brief due: October 12, 2001. 01-16002
10/16/2001MotionFiled Motion to Extend Time. (second request). 01-17469
10/17/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed October 16, 2001. Appellant's reply brief shall be served and filed on or before October 26, 2001. 01-17502
10/18/2001MotionFiled Motion. Respondent's Request to Submit Response to Appellant's Motion for Enlargement of Time in Which to File Appellant's Reply Brief. 01-17596
10/29/2001BriefFiled Reply Brief. Mailed on: 10/25/01. 01-18073
12/06/2001OtherDisqualification of Justice Maupin.
12/10/2001Order/ProceduralFiled Order. On October 18, 2001, respondent filed a "Request to Submit Response to Appellant's Motion for Enlargement of Time In Which to File Appellant's Reply Brief." Because the motion has already been ruled upon, we elect to treat the response as a motion for reconsideration. The motion was filed timely, and only a total of 32 days was requested. Thus, no good cause appearing, we deny respondent's motion for reconsideration. 01-20650
02/25/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 8, 2002, at 11:00 a.m. (NNP02-MS/RR/NB)
03/08/2002Letter/IncomingFiled Letter. from James J. Jimmerson regarding oral argument notice. He is no longer counsel for Mr. Oshins. George W. Foley will be representing Mr. Oshins. 02-04257
03/26/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
04/08/2002Case Status Update Submitted for Decision. Argued by: Scott Michael Cantor for Appellant and George W. Foley Jr., for Respondent. NNP02-MS/RR/NB.
07/17/2002Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed in part, reversed in part and remanded." Before Shearing, Rose and Becker, JJ. Per Curiam. NNP02. 118 Nev. Adv. Opn. No. 45. 02-12219
08/13/2002RemittiturIssued Remittitur. 02-12809
08/13/2002Case Status Update Remittitur Issued/Case Closed.
08/23/2002RemittiturFiled Remittitur. Received by County Clerk on August 16, 2002. 02-12809