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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 40161
Short Caption:IN RE: ESTATE OF BINIONCourt:Supreme Court
Related Case(s): 33669 , 33942 , 37351 , 50680
Lower Court Case(s):Clark Co. - Eighth Judicial District - P40663Classification:Original Proceeding - Civil - Mandamus/Prohibition
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
09/06/2002Filing Fee Filing Fee due.
09/06/2002Petition/WritFiled Petition for Writ of Mandamus or Prohibition. (Filed via fax.) 02-15353
09/06/2002MotionFiled Motion for Stay. Emergency Motion for Stay of Order Confirming Sale of Real Property. (Filed via fax.) 02-15354
09/06/2002Order/ProceduralFiled Order. Granting Temporary Stay. We have determined that a temporary stay is warranted. We note that the petition does not contain argument or points and authorities, but simply "defer[s] to Exhibits B and C" attached to the petition. fn1[Exhibits B and C are, respectively, petitioner Murphy's objection to the petition for confirmation of sale, and the real parties in interest's response to Murphy's objection.] Petitioner shall have until noon on Monday, September 9, 2002, to file and serve --by personal service or facsimile transmission--a supplemental petition, including argument and points and authorities. The real parties in interest, on behalf of respondents, shall have until Tuesday, September 10, 2002, to file and serve--by personal service or facsimile transmission--an answer to the petition and to the motion for a stay. fn2[In the event the parties file their respective documents by facsimile transmission, they shall also file the original document with the clerk of this court.] We temporarily stay the district court's order confirming sale of real property in Eighth Judicial District Court Case No. P40663. This stay expires at 5 p.m. on Thursday, September 12, 2002, unless otherwise ordered by this court. 02-15384
09/09/2002Petition/WritFiled Petition for Writ. Amended Petition for Writ of Prohibition or, in the Alternative, Mandamus. (Filed via fax.) 02-15523
09/10/2002Petition/WritFiled Answer to Petition for Writ. Estate's Answer to Petition and Motion to Stay. 02-15606
09/10/2002Petition/WritFiled Petition for Writ. Amended Petition for Writ of Prohibition or, in the Alternative, Mandamus. (Original). (Filed via fax on 9/9/02.) 02-15523
09/10/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Joseph Reiff, Esq.--USPS Money Order no. 04418658292.
09/11/2002Petition/WritFiled Answer to Petition for Writ. Original of Estate's Answer to Petition and Motion to Stay- filed via fax on 9/10/02. 02-15606
09/12/2002Order/DispositionalFiled Order Denying Petition. "We deny the petition and the motion for a stay." From the limited record before this court it appears that petitioner's claims in District Court Case Nos. P40663 and A403340 regarding the real property have not been resolved. If the district court allows the real property to be sold, we direct the district court to enter an order requiring that proceeds from such a sale be deposited in an interest bearing account under the provisions set forth in NRS 142.020(3). NNP03Y-RR/CYDA 02-15874
10/08/2002RemittiturIssued Notice in Lieu of Remittitur. 02-15943
10/08/2002Case Status Update Remittitur Issued/Case Closed.