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United States Court Cases

Nevada Supreme/Appellate Court Record

YUHAS VS. DESERT SHORES APARTMENTS

Case Information: 40050
Short Caption:YUHAS VS. DESERT SHORES APARTMENTSCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A424903Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/05/2002 / Turner, WilliamSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/13/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Barbara I. Johnston, Esq.--check no. 3923.
08/13/2002Notice of Appeal DocumentsFiled 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.) 02-13824
08/22/2002Docketing StatementFiled Docketing Statement. Appellants/Cross-Respondents. 02-14441
08/27/2002Filing Fee Filing Fee due.
08/27/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 02-14684
08/27/2002Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. (Cross-appeal) Due Date: 10 days
09/05/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Ryan, Marks, Johnson & Todd--check no. 0002858.
09/05/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William C. Turner. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/11/2002Docketing StatementFiled Docketing Statement. Respondents/Cross-Appellants. 02-15692
09/12/2002Notice/Outgoing Letter. William C. Turner. (Docketing statement of Respondent/Cross-Appellant)
11/12/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-19381
11/18/2002Notice/IncomingFiled Notice of Change of Address. Barbara I. Johnston. 02-19847
11/19/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellants/cross-respondents and respondents/cross-appellants shall each have 15 days to comply with NRAP 9(a). Appellants/cross-respondents: 120 days to file and serve opening brief and appendix. Respondents/cross-appellants: 30 days to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellants/cross-respondents: 30 days to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondents/cross-appellants: 30 days to file and serve a reply brief on cross-appeal. 02-19875
12/09/2002MotionFiled Motion to Extend Time. for transcript request (appellants/cross-respondents). 02-21023
12/12/2002Transcript RequestReceived Request for Transcript of Proceedings. Appellant/Cross-Respondent. Transcripts requested: May 7, 8, and 9, 2002. To Court Reporter: Paula Walsh. 02-21246
01/17/2003TranscriptFiled Transcript. Proceedings: 5/7/02 and 5/8/02. Court Reporter: Paula Walsh. 03-00974
03/03/2003Transcript RequestFiled Certificate of No Transcript Request. 03-03477
03/17/2003MotionFiled Motion to Extend Time. 120 days requested. 03-04486
10/23/2003Letter/IncomingFiled Letter. from attorney Barbara Johnston re: status of motion to extend time to file opening brief. 03-17714
11/03/2003MotionFiled Motion to Dismiss Appeal. Respondent/Cross-Appellants, Desert Shores Apartments, and Realty Management, Inc.'s Motion to Dismiss Appeal, and Request for Release of Cost Bond. 03-18240
11/06/2003MotionFiled Response to Motion. Opposition to Respondent/Cross-Appellants' Motion to Dismiss Appeal, and Request for Release of Cost Bond and Request to Rule on Motion to Extend Time to File Opening Briefs. 03-18576
11/26/2003Order/ProceduralFiled Order. Appellants/Cross-Respondents ("appellants") filed a "Motion for Extension of Time for Transcript." As cause for that motion, appellants represent that more time is needed to arrange for payment of the required deposit. A few days later, appellants submitted a transcript request form. fn1[ The clerk of this court shall file that transcript request form.] In that request form, appellants request court reporter Paula Walsh to prepare and file transcripts for proceedings held on May 7, 8, and 9, 2002. On January 17, 2003, Ms. Walsh filed transcripts for proceedings held on May 7 and 8, 2002. Those transcripts appear to contain all requested portions of the trial transcript. Accordingly, Ms. Walsh need not prepare transcripts for proceedings held on May 9, 2003. In light of this, we deny as moot appellants' "Motion to Extend Time for Transcript." On March 17, 2003, appellants filed a "Motion for Extension of Time to File Opening Briefs Pursuant to NRAP 26(b). Because it appears all necessary transcripts have been prepared and filed, we deny that motion as moot. Appellants shall file and serve the opening brief on appeal and appendix within 30 days from the date of this order. We caution appellants that any additional extensions of time will be granted only on a showing of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. Within 30 days of service of appellants' opening brief, respondents/cross-appellants ("respondents") shall file a combined answering brief on appeal and opening brief on cross-appeal. Appellants shall have 30 days from service of respondents' combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Finally, within 30 days of service of appellants' combined brief, respondents may file a reply brief on cross-appeal if deemed appropriate. In light of this new briefing schedule, we deny respondents' November 3, 2003, motion to dismiss. 03-19832
11/26/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requestedby Appellant/Cross-Respondent: May 7, 8, and 9, 2002. To Court Reporter: Paula Walsh. 02-21246
12/22/2003Notice/IncomingFiled Notice. Appellant's Notice of Withdrawal of Appeal. 03-21267
01/13/2004Order/ProceduralFiled Order. Dismissing Appeal. Cause appearing, we grant appellants/cross-respondents' motion for a voluntary dismissal of appeal. The appeal of appellants Tamara Yuhas and David John Yuhas is dismissed. NRAP 42(b). Respondents/cross-appellants shall have 60 days from the date of this order to file and serve the opening brief and appendix on cross-appeal. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). If respondents/cross-appellants no longer wish to pursue their cross-appeal, they shall file a motion to dismiss their cross-appeal within 20 days from the date of this order. 04-02167
02/02/2004MotionFiled Motion. Respondents/Cross Appellants, Desert Shores Apartments, and Realty Management, Inc.'s Motion to Dismiss Cross-Appeal, and Request for Order Directing Release of Cost Bonds and Remanding Case to the District Court for Disbursement of Supersedeas Bond. 04-02081
03/11/2004Order/DispositionalFiled Dispositional Order/Appeal. Order Dismissing Cross-Appeal. Cause appearing, we grant respondents/cross-appellants' motion for a voluntary dismissal of their cross-appeal. "The cross-appeal is dismissed." fn1[ The appeal of appellants Tamara Yuhas and David John Yuhas was previously dismissed on January 13, 2004.] fn2[Because any requests for relief regarding the bond for costs on appeal is properly sought in the district court, respondents/cross-appellants' request to release and disburse the cost bond is denied. See NRAP 7.] NNP04-NB/DA/MG 04-04566
03/12/2004Case Status Update Case Closed. No remittitur issued.