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United States Court Cases

Nevada Supreme/Appellate Court Record

WILDCREEK VS. KLEINFELDER, INC. C/W 29076, 29854

Case Information: 31171
Short Caption:WILDCREEK VS. KLEINFELDER, INC. C/W 29076, 29854Court:Supreme Court
Consolidated: 29076 *, 29854 , 31171Related Case(s): 29076 , 29854
Lower Court Case(s):Washoe Co. - Second Judicial District - CV91768Classification:Civil Appeal - General - Other
Disqualifications:AgostiCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/14/1997 / Berry, RobertSP Status:Completed
Oral Argument:12/12/2000 at 8:30 AMOral Argument Location:Carson City
Submission Date:12/12/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/07/1997Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Maddox & Saint Aubin--check no. 12983.
10/07/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 00-07007
10/14/1997Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Robert G. Berry. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/15/1997Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Beasley, Holden & Kern--check no. 16782.
10/15/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. SEA's Notice of Cross-Appeal. (Docketing statement mailed to counsel for appellant.)
10/17/1997Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Rawlings, Olson, Cannon, Gormley & Desruisseaux--check no. 030774.
10/17/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. McMillan's Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.)
10/21/1997Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Douglas K. Fermoile--check no. 4158.
10/21/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. Kleinfelder, Inc. (Docketing statement mailed to counsel for cross-appellant.)
10/22/1997Docketing StatementFiled Docketing Statement. (from Maddox & Saint-Aubin)
10/24/1997Other Other. Mailed additional notice of appeal documents (three packets) to Settlement Judge Robert G. Berry.
10/24/1997Notice/OutgoingIssued Notice to Transmit Required Document. (Order filed 12/10/96) to Washoe County Clerk. Due Date: 10 days
10/28/1997Docketing StatementFiled Docketing Statement. (Kleinfelder, Inc.) "MISSING."
10/29/1997Docketing StatementFiled Docketing Statement. (SEA Incorporated)
10/30/1997Order/IncomingReceived District Court Order. Certified copy of district court order re: Attorney's Fees and Costs re: Defendant S.E.A. Filed in district court on December 10, 1996.
11/03/1997Notice/IncomingFiled Notice. Notice of Transmittal of Certified documents on cross-appeal. (Cross-appellant McMillan).
11/04/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Marigot Corporation). Docketing statement mailed to counsel.)
11/04/1997Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Georgeson, Thompson & Angaran--check no. 24102.
11/19/1997Docketing StatementFiled Docketing Statement. Marigot Corppration, as general partner of Beta Group, Beta Group, Lawrence Feldman, Geoffrey Simpson.
12/08/1997MotionFiled Motion. Motion to Remand. Nos. 29076 and 31171.
12/24/1997Order/ProceduralFiled Order/Temporary Remand. Order of Limited Remand. We hereby remand these matters to the district court for the entry of an order consistent with its order of December 3, 1997, certifying its inclination to grant "Prudential's motion for detemination of good faith settlement with the plaintiffs." The district court shall enter its order within 30 days of the date of this order. Appellants shall have 60 days from the date of this order to file a motion or stipulation to dismiss these appeals or otherwise inform this court of the status of these appeals. Nos. 29076, 31171.
03/13/1998Notice/IncomingFiled Notice. Notice of Change of Firm Name. Maddocx and Saint-Aubin has resumed the use of the name Robert R. Maddox & Associates.
03/16/1998Order/ProceduralFiled Order. McMillan shall have 10 days from the date of this order to file the docketing statement. We caution counsel, the firm of Rawlings, Olson Cannon, that failure to timely comply with this order may result in the imposition of sanctions.
03/16/1998MotionFiled Stipulation. (dismissing Steve Robison and Alpha Industries, Inc.) Nos. 29076, 31171.
03/17/1998MotionFiled Stipulation. John Ghilieri to be dismissed with prejudice as a party to this appeal. Nos. 29076, 31171
03/19/1998MotionFiled Stipulation. (for dismissal). Nos. 29076, 31171
03/20/1998MotionFiled Stipulation. re: Dismissal of Cross-Appeal with Prejudice.
03/27/1998Letter/IncomingFiled Letter. from attorney Dana Jonathan Nitz requesting that this court's recent order be rescinded.
03/31/1998MotionFiled Stipulation. (dismissing respondent SEA, Inc.) Nos. 29076, 31171
04/03/1998Order/ProceduralFiled Order. On March 16, 1998, this court entered an order directing McMillan Construction Company and Thomas G. McMillan to file a completed docketing statement within 10 days. McMillan requests that our order be rescinded. We grant Miller's request. We hereby vacate our order entered March 16, 1998, directing McMillan to file a docketing statement.
04/21/1998Order/ProceduralFiled Order. Pursuant to the settlement conference held in these matters and the stipulation of the parties " . . . we hereby dismiss the above-entitled appeals as to S.E.A., Incorporated and dismiss the cross-appeal of S.E.A., Incorporated in Docket No. 31171, the parties to bear their own costs." Nos. 29076 and 31171.
04/29/1998Order/ProceduralFiled Order. Pursuant to the settlement conferences and the stipulation of the parties " . . . we hereby dismiss these appeals as to respondents Clear Acre, Ltd., Clear Acre, Inc., Donald L. Wilkerson, Ronald G. Palmer, John Ghilieri, Alpha Industries, a Nevada corporation, and Stephen V. Robison, the parties to bear their own costs. We dismiss the appeal in Docket No. 29076 as to respondents Thomas G. McMillan and McMillan Construction Company, the parties to bear their own costs. We hereby dismiss the cross-appeal of Thomas G. McMillan and McMillan Construction Company in Docket No. 31171, the parties to bear their own costs." Nos. 29076 and 31171.
07/15/1998MotionFiled Stipulation/Dismiss Appeal.
08/04/1998Order/ProceduralFiled Order. Pursuant to the settlement conference and the stipulation of the parties " . . . We hereby dismiss the cross-appeal of Kleinfelder, Inc. as to Wildcreek Garden Condominium Association, the parties to bear their own costs and attorneys' fees." The settlement judge shall review with the parties whether the caption as it appears on the order is correct. The settlement judge shall have 30 days from the date of this order to file a report with this court regarding the accuracy of the caption.
09/02/1998MotionFiled Stipulation. Stipulation for Shortened Caption. Nos. 29076, 29854, 31171.
09/18/1998MotionFiled Stipulation. Stipulation to Dismiss Cross-Appeal and to Dismiss Respondents/Cross-Appellants.
09/18/1998MotionFiled Stipulation. Stipulation to Dismiss Respondents and Cross-Appellants. Nos. 29076, 29854, 31171.
09/18/1998MotionFiled Stipulation. Stipulation to Consolidate Appeals. Nos. 29076, 29854, 31171.
09/18/1998MotionFiled Stipulation. Stipulation for Shortened Caption. Nos. 29076, 29854, 31171.
09/18/1998MotionFiled Stipulation. Stipulation to Rebrief. Nos. 29076, 29854, 31171.
09/28/1998Letter/IncomingFiled Letter. from Settlement Judge Robert G. Berry re: status of settlement negotiations and request for fees. Nos. 29076, 29854, 31171.
01/29/1999Order/ProceduralFiled Order. Pursuant to the stipulation of the parties, the following parties are dismissed from Docket No. 29076, each party to bear its own costs and fees: McMillan Mortgage Company, Gary A. Hartunian, 5334 Lindley Partnership, Garabed Demirjian, Albert Wayne, Clear Acre Village Apartments, Ltd., Clear Acre Apartments, Cornell Finance Company Ltd., Cornell Properties, Inc., Merrill Lynch Realty, Charles J. Ketcham, and Young Property Managment, Inc. Pursuant to the stipulation of the parties, the following are dismissed from Docket No. 31171, each party to bear its own costs and fees: McMillian Construction Company, Thomas G. McMillan, fn2[The cross-appeal of Thomas G. McMillan and McMillan Construction Company was dismissed by order dated April 29, 1998; however, theses parties were not dismissed as respondents at that time.] Prudential Residential Services, L.P., Prudential Homes Corp., Fine Homes, L.P. Merrill Lynch Realty Associates, Inc., McMillan Mortgage Company, Gary L. Hartunian, 5334 Lindley Partnership, Garabed Demirjian, Albert Wayne, Clear Acre Village Apartments, Ltd., Cornell Finance Ltd., Cornell Properties, Inc., Charles J. Ketcham, and Young Property Management, Inc. Pursuant to the stipulation of the parties, the cross-appeal of Marigot Corporation, Beta Group Lawrence Feldman, and Geoffrey Simpson in Docket No. 31171 is dismissed, and these parties are dismissed as respondents in Docket No. 31171, each to bear their own costs and fees. Pursuant to the stipulation of the parties, the individual members of Wildcreek Garden Condominium Association are dismissed from No. 29854, the parties to bear their own costs. The respondents so dismissed are: (see order pp. 13-16 for listing of individual parties). The parties stipulated to consolidate these three appeals under Docket no. 29076, to shorten the caption, and to rebrief, based on the current status of the case. Fn4[We note that the parties filed two stipulations for shortened captions, one on September 4, 1998, and one on September 18, 1998. We have treated the September 18, 1998, stipulation as superceding the previous one.] We agree that the appeals should be consolidated, and that a shortened caption may prove to be helpful. We conclude that the parties' true position should be reflected in the caption. The caption from this point forward shall be as set forth below: (see order, pp. 16-17 for shortened caption. This caption shall be used on all procedural orders. The final dispositional order shall list all parties.) The parties have agreed to treat the appeal of Kleinfelder, Inc., Docket No. 29854, as a cross-appeal for purposes of the consolidation and rebriefing. While not satisfactory for the caption, we agree that this treatment will assist in the briefing process. The parties have also stipulated to enlarge the time for submitting answering briefs, and to enlarge the page limit. Briefs shall not exceed 50 pages. Wildcreek Garden Condominium Association and its members shall have 30 days from the date of this order to file an opening brief addressing all issues in Docket Nos. 29076 and 31171. Fn5 [These briefs may refer to the appendices filed with the original brief in Docket No. 29076. Should the parties wish to submit new appendicies, they shall be filed with the new briefs.] Marigot Corporation, Beta Group, Feldman and Simpson shall have 60 days from service of the opening brief to file their answering brief in Docket No. 29076. Kleinfelder, Inc. shall have 60 days from service of the opening brief in which to file its brief (answering) responding to appellants' opening brief and addressing all issues in Docket No. 29854. Wildcreek shall have 60 days from service of the answering briefs in which to file a brief (reply) responding to the answering briefs. Kleinfelder, Inc., shall have 30 days from the service of Wildcreek's brief in which to file a reply brief. Futher extensions of time with respect to the briefing sche
03/03/1999MotionFiled Motion and Order Extending Time. Brief due: March 3, 1999. Nos. 29076, 29854, 31171.
03/03/1999MotionFiled Motion and Order/Excess Pages. Granted: 52 pages. Appellant's Opening Brief. Nos. 29076, 29854, 31171.
03/03/1999BriefFiled Opening Brief. Hand delivered. Nos. 29076, 29854, 31171.
03/22/1999MotionFiled Motion. Motion to Supplement Appellant's Opening Brief. Nos. 29076, 29854, 31171.
03/22/1999AppendixReceived Appendix. Supplement Appendix to Appellants' Opening Brief. Nos. 29076, 29854, 31171.
05/05/1999Order/Clerk'sFiled Clerk's Order Granting Motion. Respondent Kleinfelder, Inc.'s motion filed on May 5, 1999, requesting permission to file an answering brief in excess of thirty pages is granted. The 59-page answering brief submitted with the motion shall be filed, forthwith. Nos. 29076, 29854 and 31171.
05/05/1999BriefFiled Answering Brief. Respondent Kleinfelder, Inc.'s Answering Brief. Nos. 29076, 29854 and 31171.
05/05/1999BriefFiled Answering Brief. Answering Brief of Respondents Beta Group, Marigot Corporation as General Partner of Beta Group, Lawrence Feldman, and Geoffrey Simpson. Nos. 29076, 29854 and 31171.
05/05/1999AppendixFiled Joint Appendix. Respondents' Supplemental Joint Appendix, volume V. Nos. 29076, 29854, 31171.
05/05/1999MotionFiled Motion. Motion for Leave to file Amicus Brief on Behalf of American Consulting Engineers Council (ACEC), Nat'l Society of Prof. Engineers (NSPE), ASFE; Prof. Firms Practicing in the Geosciences, American Institute of Architects (AIA), Nevada Section of American Society of Civil Engineers (ASCE), Nevada Association of Land Surveyors (NALS), Structural Engineers Association of Southern Nevada (SEASON), Institute of Electrical & Electronic Engineers (IEEE) and the DPIC Companies. Nos. 29076, 29854 and 31171.
05/05/1999BriefReceived Amicus Brief. Brief of Amicus Curiae in Support of Respondent Kleinfelder. Mailed on: Reno/Carson Msgr. 5/5/99. Nos. 29076, 29854 and 31171.
05/07/1999Order/Clerk'sFiled Clerk's Order Granting Motion. The unopposed motion filed March 22, 1999, is granted. The clerk shall, forthwith, file the supplemental appendix to appellant Wildcreek's opening brief submitted with the motion. Nos. 29076, 29854 and 31171.
05/07/1999AppendixFiled Appendix. Supplemental Appendix to Appellant's Opening Brief. Nos. 29076, 29854, 31171.
05/13/1999Order/ProceduralFiled Order. The motion for leave to file a reply in Docket no. 29854, filed on May 30, 1997, is denied as moot. Nos. 29076, 29854, 31171.
06/17/1999Order/ProceduralFiled Order Granting Motion. The clerk of this court shall forthwith file the amicus curiae brief provisionally received on May 5, 1999. Wildcreek Garden Condominium Associates, et. al. may file any answer to the amicus curiae brief deemed warranted within 30 days of the date of this order. Nos. 29076, 29854 and 31171.
06/17/1999BriefFiled Amicus Brief. Brief of Amicus Curiae in Support of Respondent Kleinfelder. Nos. 29076, 29854, 31171.
06/24/1999MotionFiled Motion. Motion for Leave to File Amicus Brief. Nos. 29076, 29854, 31171.
06/24/1999BriefReceived Amicus Brief. Brief of Amicus Curiae, Nevada Trial Lawyers Association, in Support of Appellants' Briefs on Appeal. Nos. 29076, 29854, 31171.
07/02/1999MotionFiled Response to Motion. Opposition to Motion for Leave to File Amicus Brief. (Kleinfelder) Nos. 29076, 29854, 31171.
07/02/1999MotionFiled Response to Motion. Opposition to Motion for Leave to File Amicus Brief. (Marigot). Nos. 29076, 29854, 31171.
07/08/1999MotionFiled Motion to Extend Time. to File Reply Brief/Answering Brief. Nos. 29076, 29854, 31171.
07/08/1999MotionFiled Motion. to Supplement Appendix with Appellants' Answering Appendix. Nos. 29076, 29854, 31171.
07/08/1999MotionFiled Motion for Excess Pages. Motion to Exceed Page Limitation. Nos. 29076, 29854, 31171.
07/08/1999BriefReceived Reply Brief. Mailed on: 7/8/99. Nos. 29076, 29854, 31171.
07/08/1999Other Other. Received Index to Appellants' Answering Appendix. Nos. 29076, 29854, 31171.
07/12/1999Other Other. Returned, unfiled, Reply to Respondents Marigot and Kleinfelder's Oppositions to the NTLA's Motion for Leave to File Amicus Brief. w/letter. Nos. 29076, 29854, 31171.
07/15/1999Other Other. Filed Appellants' Answer to Brief of Amicus Curiae in Support of Respondent Kleinfelder. (Hand delivered 7/15/99) Nos. 29076, 29854, 31171.
09/29/1999Order/ProceduralFiled Order. The NTLA has filed a motion for leave to file an amicus curiae brief in support of appellants' position in no. 29076. The motion is opposed. Cause appearing, we grant the motion and direct the clerk of this court to file the amicus curiae brief provisionally submitted on June 24, 1999. Respondents in 29076 shall have 30 days from the date of this order to file an answer to the amicus curiae brief. Finally, on July 8, 1999, appellants filed motions for an extension of time to file the reply brief, excess pages, and supplement the appendix. We grant the unopposed motions. The clerk of this court shall forthwith file the brief and supplemental appendix provisionally submitted with the motions. Briefing shall proceed in accordance with our order of January 29, 1999. Nos. 29076, 29854 and 31171.
09/29/1999BriefFiled Amicus Brief. Brief of Amicus Curiae, Nevada Trial Lawyers Association, in Support of Appellants' Briefs on Appeal. Nos. 29076, 29854, 31171.
09/29/1999BriefFiled Reply Brief. Nos. 29076, 29854, 31171.
09/29/1999AppendixFiled Appendix. Index to Appellants' Answering Appendix, Volume 40. Nos. 29076, 29854, 31171.
10/25/1999MotionFiled Motion to Extend Time. Nos. 29076, 29854, 31171.
10/27/1999MotionFiled Motion. Respondent Kleinfelder, Inc.'s Joinder in Motion for Enlargement of Time. Nos. 29076, 29854, 31171.
11/19/1999BriefReceived Answering Brief. Answering Brief of Respondents Beta Group, Marigot Corporation as General Partner of Beta Group, Lawrence Feldman, and Geoffrey Simpson to Brief of Amicus Curiae Nevada Trial Lawyers Association. Nos. 29076, 29854 and 31171.
11/19/1999BriefReceived Answering Brief. Respondent Kleinfelder, Inc.'s Answering Brief to Amicus Curiae Brief of Nevada Trial Lawyers Association in Support of Appellants' Briefs on Appeal. Nos. 29076, 29854 and 31171.
03/06/2000Order/Clerk'sFiled Clerk's Order Granting Motion. The unopposed motion filed October 25, 1999, and the unopposed joinder therein filed October 27, 1999, are granted. The clerk shall, forthwith, file the briefs provisionally received on November 19, 1999. Nos. 29076, 29854 and 31171.
03/06/2000BriefFiled Answering Brief. Answering Brief of Respondents Beta Group, Marigot Corporation as General Partner of Beta Group, Lawrence Feldman, and Geoffrey Simpson to Brief of Amicus Curiae Nevada Trial Lawyers Association. Nos. 29076, 29854 and 31171-Brief in Case No. 29076.
03/06/2000BriefFiled Answering Brief. Respondent Kleinfelder, Inc.'s Answering Brief to Amicus Curiae Brief of Nevada Trial Lawyers Association in Support of Appellants' Briefs on Appeal. Nos. 29076, 29854 and 31171-Brief in Case No. 29076.
03/13/2000Order/Clerk'sFiled Clerk's Order. On September 29, 1999, this court entered an order which, among other things, granted Wildcreek Garden Condominium Association's motion for an extension of time to file a combined reply brief and answering brief. The clerk shall also forthwith file the reply brief submitted on August 9, 1999, by appellant Kleinfelder in Docket No.. 29854. Nos. 29076, 29854 and 31171.
03/13/2000BriefFiled Reply Brief. Appellant Kleinfelder, Inc.'s Reply Brief in docket no. 29854. Nos. 29076, 29854, 31171.
03/13/2000AppendixFiled Appendix. Index to Appellant Kleinfelder, Inc.'s Reply Brief in docket no. 29854. Nos. 29076, 29854, 31171.
05/04/2000BriefFiled Supplemental Authorities. Kleinfelder, Inc.'s Supplemental Authorities. Nos. 29076, 29854, 31171.
05/17/2000Notice/OutgoingIssued Notice of Modification of Caption.
08/28/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 10, 2000 at 1:30 p.m. in Carson City. (NNP00A-MS/DA/ML) (Nos. 29076, 29854 and 31171)
08/30/2000Notice/OutgoingIssued Notice. Issued "Corrected Notice of Oral Argument Setting". The oral argument panels have changed for the September 2000 to February 2001 term. Also, Scott K. Canepa, counsel for Amicus Curiae, was previously listed on the first notice in error. (Nos. 29076, 29854 and 31171)
09/21/2000Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 29076, 29854 and 31171) 00-16747
09/25/2000OtherDisqualification of Justice Agosti. Nos. 29076, 29854, 31171.
10/05/2000MotionFiled Motion. Emergency Motion for Continuance of Oral Argument (nos. 29076/29854/31171) - via fax. 00-17666
10/05/2000MotionFiled Motion. Emergency Motion for Continuance of Oral Argument (ORIGINAL). Nos. 29076/29854/31171 Doc. No. 00-17693
10/06/2000Order/ProceduralFiled Order Vacating Argument and Rescheduling. We grant the motion filed by appellants/respondents Wildcreek Garden Condominium Association, et al., to continue the oral argument of this matter. We hereby vacate the oral argument presently scheduled for October 10, 2000, at 1:30 p.m. in reschedule these consolidated appeals for oral argument in December, 2000, in Carson City (nos. 29076/29854/31171). 00-17747
10/30/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 12, 2000 at 8:30 a.m. in Carson City. (NNP00A-RR/MS/ML) (Nos. 29076, 29854 and 31171)
11/16/2000Order/ProceduralFiled Order Denying Motion. On May 30, 1997, respondent Wildcreek Garden Condominium Association filed a motion in Docket No. 29654 requesting permission to file a reply in support of its May 15, 1997, motion to dismiss the appeal in Docket No. 29854. The motion to dismiss having been denied by way of an order entered on March 23, 1998, we deny the motion for leave to file a reply as moot. The clerk of this court shall return, unfiled, the proposed reply received on May 29, 1997 (nos. 29076/29854/31171).
11/16/2000Other Returned Unfiled Document.
11/27/2000Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 29076, 29854 and 31171)
11/28/2000BriefFiled Supplemental Authorities. Appellant's Supplemental Memorandum. Nos. 29076/29854/31171. Doc. No. 00-20794
12/07/2000MotionFiled Stipulation/Dismiss Appeal. Stipulation to Dismiss with prejudice: Marigot Corporation, as general partner of Beta Group; Beta Group, a Colorado general partnership; Lawrence Feldman, and Geoffrey Simpson. Nos. 29076, 29854, 31171. Document No. 0021375.
12/07/2000Order/Clerk'sFiled Clerk's Order Approving Stipulation. Order Partially Dismissing Appeal in docket No. 29076. "The appeal in Docket No. 29076 is dismissed as to respondents Marigot corporation, as General Partner of Beta Group, a Colorado General Partnership, Lawrence Feldman, and Geoffrey Simpson only." The parties shall bear their own costs and attorney's fees. The appeal in docket No. 29076 remains pending as to respondent Kleinfelder, Inc. The clerk of this court shall modify the caption in docket No. 29076. Nos. 29076, 29854, 31171.
12/12/2000Case Status Update Submitted for Decision. Northern Nevada Panel. NNP00A-RR/MS/ML. Nos. 29076, 29854, 31171.
12/20/2000MotionFiled Stipulation. Stipulated Request. (Nos. 29076, 29854 and 31171).
01/26/2001Order/ProceduralFiled Order. On December 20, 2000, the parties stipulated and requested this court to amend the December 7, 2000, clerk's order partially dismissing appeal. Because the order dismissed this appeal as to respondent Beta Group, a Colorado General Partnership, we deny, as moot, the parties' stipulation and request to amend the December 7, 2000, order partially dismissing appeal. Nos. 29076/29854/31171 (01-01812)
01/30/2001Order/DispositionalFiled Order of Affirmance. Having considered all of the arguments advanced by the parties in this consolidated appeal, " . . . we affirm the district court's order granting summary judgment, its order awarding costs to Kleinfelder, its order denying attorney fees, and its order denying the NRCP 59 motion." NNP00A-MS/RR/ML. Nos. 29076, 29854, 31171. 01-02014
02/27/2001RemittiturIssued Remittitur. 01-02101
02/27/2001Case Status Update Remittitur Issued/Case Closed.
03/08/2001RemittiturFiled Remittitur. Received by County Clerk on March 2, 2001. 01-02101
03/19/2002MotionFiled Motion. Motion for Release of Appeal Bonds. Nos. 29076/29854/31171 (02-04937).
06/21/2002Order/ProceduralFiled Order Denying Motion. On January 30, 2001, this court entered an Order of Affirmance in these consolidated appeals. The remittitur subsequently issued on February 27, 2001. On March 19, 2002, Wildcreek Garden Condominium Association filed a motion in these consolidated appeals requesting the release of an appeal bond. Pursuant to NRAP 7, a bond for costs on appeal in civil cases is filed in the district court. Thus, any relief regarding the bond is properly sought in the district court, and not the supreme court. Accordingly, we deny the motion. Nos. 29076/29854/31171. (02-10748)