| Case Information: 44189 | |||
| Short Caption: | MOSELY VS. MAHAN | Court: | Supreme Court |
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - A444274 | Classification: | Civil Appeal - General - Other |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | 11/05/2004 / Buchanan, William | SP Status: | Completed |
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | How Submitted: | ||
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 11/02/2004 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Callister & Reynolds--check no. 3760. | ||
| 11/02/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) | 04-20164 | |
| 11/05/2004 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: William F. Buchanan. (Briefing and preparation of transcripts suspended pending further order of this court.) | ||
| 11/15/2004 | Docketing Statement | Filed Docketing Statement. | 04-20933 | |
| 11/22/2004 | Letter/Incoming | Filed Letter. from attorney John Benedict of Ashworth & Benedict. Mr. Benedict no longer represents respondent Sean Mahan (filed via fax). | 04-21424 | |
| 11/29/2004 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | 04-21670 | |
| 01/26/2005 | Order/Procedural | Filed Order/Show Cause. Appellant shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. The briefing schedule and the requirements for requesting transcripts remain suspended pending further order of this court. | 05-01678 | |
| 02/01/2005 | Letter/Incoming | Filed Letter. from attorney John Benedict of the law firm Ashworth & Benedict requesting that this court remove him as counsel of record for respondent, Sean Mahan. | 05-02025 | |
| 02/08/2005 | Order/Procedural | Filed Order. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Attorney John Benedict has filed 2 letters informing this court that he is not counsel of record for respondent. The letters are treated as notices that Mr. Benedict is not counsel for respondent. The notices were served on respondent by mail on November 19, 2004, and January 28, 2005. To date, respondent has not opposed or otherwise responded to the notices. Accordingly, we conclude that Mr. Benedict is not counsel for respondent and we direct the clerk of this court to remove Mr. Benedict as counsel for respondent in this appeal. Respondent shall have 60 days from the date of this order to retain new counsel and cause counsel to file a notice of appearance with this court. Alternatively, within the same time period, if respondent does not intend to retain new counsel, respondent shall so inform this court in writing. Failure to retain new counsel may result in this appeal being submitted for decision on the opening brief and appendix. | 05-02500 | |
| 03/02/2005 | Order/Procedural | Filed Order. On January 26, 2005, this court entered an order directing appellant to show cause why this appeal should not be dismissed for lack for jurisdiction. That order noted that briefing and the requesting of transcripts would remain suspended pending further order of this court. On February 8, 2005, this court entered an order noting that the settlement judge had filed a report indicating that the parties were unable to agree to a settlement of this matter. That order reinstated the deadlines for requesting transcripts and filing the opening briefing and appendix. As this court has not yet resolved the jurisdictional issue noted in our January 26, 2005, order, we vacate that portion of our February 8, 2005, order restating the deadlines for requesting transcripts and filing the opening brief and appendix. Briefing and the requesting of transcripts shall remain suspended pending further order of this court. As of the date of this order appellant has not filed a response to our January 26, 2005, order to show cause. Accordingly, appellant shall file that response within 10 days from the date of this order. | 05-04040 | |
| 03/28/2005 | Order/Dispositional | Filed Order Dismissing Appeal. "ORDER this appeal DISMISSED." SNP05-RR/MG/JH | 05-05946 | |
| 04/22/2005 | Remittitur | Issued Remittitur. | 05-06154 | |
| 04/22/2005 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 05/05/2005 | Remittitur | Filed Remittitur. Received by County Clerk on April 25, 2005. | 05-06154 | |