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United States Court Cases

Nevada Supreme/Appellate Court Record

MARIANO VS. PORTER

Case Information: 42278
Short Caption:MARIANO VS. PORTERCourt:Supreme Court
Lower Court Case(s):Eureka Co. - Seventh Judicial District - CV0211013Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:07/12/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/03/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from A. Grant Gerber--check no. 1560.
11/03/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 03-18209
11/17/2003Docketing StatementFiled Docketing Statement. 03-19091
11/24/2003TranscriptFiled Transcript. Proceedings: 8/18/03 and 8/19/03. Court Reporter: Randi Lee Walker. 03-19608
03/01/2004BriefFiled Opening Brief. 04-03866
03/01/2004AppendixFiled Appendix to Opening Brief. 04-03870
03/04/2004Notice/IncomingFiled Proof of Service. --Amended Certificate of Service to Include Mark Bonello. 04-04118
03/08/2004Order/ProceduralFiled Order. --Order to Comply with NRAP 9(a). Appellants shall, within 10 days from the date of this order, file and serve either a transcript request form or a certificate indicating that no transcripts are requested. Failure to comply timely with this order may result in the imposition of sanctions. 04-04324
03/15/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: August 18 and 19, 2003. To Court Reporter: Randi Lee Walker. 04-04908
03/23/2004Notice/IncomingFiled Notice of Appearance. Substitution of Counsel in Place of in Proper Person Representation of Respondents. 04-05458
03/31/2004MotionFiled Motion. Motion for Issuance of Order Establishing Briefing Schedule for Respondents Now Represented by Counsel. 04-05953
04/14/2004Order/ProceduralFiled Order. Setting Briefing Schedule. Attorney Etta L. Walker has filed a notice of appearance on behalf of respondents Judi Porter and Morgan S. Porter ('Porter'). Accordingly, Porter shall have 30 days from the date of this order to file and serve the answering brief. Appellants shall have 30 days from service of the answering brief to file and serve a reply brief, if deemed necessary. In light of this briefing schedule, we deny as moot Porter's 'Motion for Issuance of Order Establishing Briefing Schedule for Respondents Now Represented by Counsel.' 04-06879
05/14/2004MotionFiled Motion to Strike. Respondent's Motion to Strike (Appellant's Opening Brief). 04-09027
05/14/2004BriefFiled Answering Brief. STRICKEN BY ORDER 07/13/04. 04-09028
05/27/2004Notice/IncomingFiled Proof of Service. Corrected - For Respondents' Motion to Strike. 04-09851
05/27/2004Notice/IncomingFiled Proof of Service. Corrected - For Respondents' Answering Brief. 04-09852
05/27/2004Notice/IncomingFiled Notice. Notice of Filing of Respondents' Answering Brief. 04-09853
05/27/2004MotionFiled Stipulation. Stipulation to Extend Time for Filing Appellants' Reply Brief and for Response to Respondents' Motion to Strike. 04-09854
06/07/2004MotionFiled Motion. Notice of Filing Corrected Respondents' Answering Brief and Respondents' Appendix. 04-10442
06/07/2004MotionFiled Stipulation. Stipulation to Extend Time for Filing of Appellants' Reply Brief and for Response to Respondents' Motion to Strike. 04-10443
06/07/2004BriefReceived Answering Brief. Corrected Answering Brief. 04-10445
06/07/2004AppendixReceived Appendix to Answering Brief. 04-10448
07/13/2004Order/ProceduralFiled Order Denying Motion. to Strike, Filing Corrected Answering Brief and Appendix, and Approving Stipulation. Respondents have moved to strike the opening brief. Appellants oppose the motion. fn1[Cause appearing, we approve the parties stipulations for an extension of time to file an opposition to the motion to strike, The clerk of this court shall file the opposition received on June 21, 2003.] We deny the motion to strike the opening brief. We note that in resolving this appeal, this court may disregard any relevant factual assertions in the opening brief that are not properly supported by the record. Respondents have filed a notice informing this court that they have submitted 'the Respondents' Answering Brief (Corrected) and Respondents' Appendix.' The notice is treated as a motion to file an amended answering brief and appendix. We grant the motion. The clerk of this court shall file the 'corrected' answering brief and appendix received on June 7, 2004. The clerk shall also strike the answering brief filed on May 14, 2004. We approve the parties' stipulations for an extension of time to file the reply brief. Appellants shall have 15 days from the date of this order to file and serve the reply brief. 04-12689
07/13/2004MotionFiled Response to Motion. 04-11296
07/13/2004BriefFiled Answering Brief. 04-10445
07/13/2004AppendixFiled Appendix to Answering Brief. 04-10448
07/26/2004BriefFiled Reply Brief. 04-13570
08/10/2004Order/ProceduralFiled Order/Show Cause. Response due from appellants: 30 days from the date of this order. Respondents may file any reply within 10 days from service of appellants' response. 04-14447
09/02/2004MotionFiled Response to Order to Show Cause. Appellant's Response to Order to Show Cause. 04-16026
02/15/2005Order/ProceduralFiled Order. Allowing Appeal to Proceed. In response to this court's show cause order, appellants submitted copies of an August 13, 2003 district court order. This order finally resolved respondents' claims for negligence, civil conspiracy, and tortious interference with prospective economic advantage, as it granted appellants' motion for summary judgment with regard to these claims. Respondents' claims for misrepresentation and breach of contract were subsequently resolved against appellants by the district court's September 29, 2003 order setting forth its decision, findings of fact and conclusions of law. A judgment was entered against appellants on respondents' misrepresentation and breach of contract claims that same day. Based on the documents submitted by appellants, it appears that all of the claims in the underlying case have been resolved in written orders. Apparently, a final written judgment has been entered adjudicating all the rights and liabilities of all the parties below, and jurisdiction in this court is proper. Accordingly, this appeal shall be permitted to proceed. 05-03014
02/23/2005Other Returned Mail. Order filed 02/15/05 addressed to Mark Bonello returned. No forwarding address.
07/12/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. NRAP 34(f)(1). 05-13794
07/12/2005Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP05-WM/MD/RP
07/22/2005Other Returned Mail. Order filed 07/12/05 addressed to Mark Bonello returned. No forwarding address.
09/08/2005Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP05-WM/MD/RP 05-17786
10/04/2005RemittiturIssued Remittitur. 05-17962
10/04/2005Case Status Update Remittitur Issued/Case Closed.
10/18/2005RemittiturFiled Remittitur. Received by County Clerk on October 11, 2005. 05-17962