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United States Court Cases

Nevada Supreme/Appellate Court Record

BARROW VS. MORELAND C/W 32300

Case Information: 34554
Short Caption:BARROW VS. MORELAND C/W 32300Court:Supreme Court
Consolidated: 32300 *, 34554Related Case(s): 32300 , 36880 , 43896
Lower Court Case(s):Clark Co. - Eighth Judicial District - A346994Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:07/27/1999 / Berkson, LesterSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

Party Information
RoleParty NameRepresented By
AppellantKimberly Ann BarrowJudith H. Braecklein (Kirk-Hughes & Associates)
Geraldine Kirk-Hughes (Kirk-Hughes & Associates)
RespondentJoseph I. Moreland, Jr.Richard McKnight (McKnight & Hendrix)
RespondentMargaret L. MorelandTimothy J. McGarry (Raleigh, Hunt & McGarry, P.C.)
RespondentWayne GuinnJames Andre Boles

Docket Entries
DateTypeDescriptionPending?Document
07/23/1999Filing Fee Filing Fee due.
07/23/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-06652
07/26/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from The Law Firm of Geraldine Kirk-Hughes, Inc.--check no. 7733.
07/26/1999Notice/OutgoingIssued Letter. Letter to attorney Judith H. Braecklein returning check for cost bond. Cost bond must be submitted to the district court. 99-06708
07/26/1999Transcript RequestFiled Request for Transcript of Proceedings. Proceedings: 6/14/99 TO 6/25/99. To Court Reporter: Sharleen Nicholson. 99-06734
07/27/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
07/27/1999Notice/OutgoingIssued Notice to Transmit Required Document. Judgment filed 6/25/99. Due Date: 10 days
08/05/1999Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of order or judgment appealed from filed in district court on: July 21, 1999. 99-07217
08/23/1999TranscriptFiled Transcript. 06/14/99; 06/15/99; 06/16/99; 06/17/99; 06/21/99; 06/22/99; 06/23/99; 06/24/99; and 06/25/99 Proceedings: Court Reporter: Sharleen Nicholson. 99-07847
12/16/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-12762
03/09/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. We hereby consolidate the above entitled matters for all appellate purposes. The parties were unable to agree to a settlement of their respective appeals. Appellant Kimberly Ann Barrow (Docket No. 34554): 15 days to file a docketing statement. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of these consolidated appeals. Appellant Wayne Guinn (docket No. 32300): 15 days to comply with NRAP 9(a); Each appellant: 120 days to file and serve the opening brief and appendix in their respective appeals. Briefing shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to counsel for appellant Kimberly Ann Barrow, Docket No. 34554). Nos. 32300, 34554. 00-03712
04/20/2000Order/ProceduralFiled Order. Appellant Barrow (Docket No. 34554) shall, within 10 days of the date of this order, file and serve the docketing statement. Nos. 32300, 34554. Document No. 00-06389.
05/01/2000Docketing StatementFiled Docketing Statement. Nos. 32300 & 34554. 00-07098
07/25/2000Notice/IncomingFiled Notice. Notice of Bankruptcy. (Kimberly Ann Barrow) 00-12822
09/12/2000Order/ProceduralFiled Order. These are consolidated appeals. Our preliminary review of the documents submitted to this court reveals potential jurisdictional defects in both appeals. Guinn shall have 30 days from the date of this order to show cause why the appeal in Docket No. 32300 should not be dismissed for lack of jurisdiction. It appears that Barrow has filed a petition for bankruptcy. Barrow shall have 30 days from the date of this order to show cause why the appeal in Docket No. 34554 should not be dismissed for lack of jurisdiction and inform this court of the status of the bankruptcy petition. The briefing schedule in these consolidated appeals is suspended pending further order of this court. Nos. 32300, 34554. Document No. 00-16016.
10/16/2000MotionFiled Response to Order to Show Cause. Appellant Barrow's Memorandum of Points and Authorities Opposing the Dismissal of Appeal for Lack of Jurisdiction (nos. 32300/34554).
10/30/2000MotionFiled Motion. Respondent, Margaret L. Moreland's, Motion for Leave to File Response to Appellant Barrow's Memorandum of Points and Authorities Opposing the Dismissal of Appeal for Lack of Jurisdiction. Nos. 32300/34554. Doc. No. 00-19030
10/30/2000Other Other. Received Respondent, Margaret L. Moreland's, Response to Appellant Barrow's Memorandum of Points and Authorities Opposing the Dismissal of Appeal for Lack of Jurisdiction. Nos. 32300/34554. Doc. No. 00-19033
11/01/2000MotionFiled Motion. Joinder and Supplement to Motion for Leave to File Response to Appellant Barrow's Opposition to Order to Show Cause why Appeal Should Not be Dismissed. Nos. 32300/34554 Doc. No. 00-19244
11/07/2000MotionFiled Response to Order to Show Cause. Appellant Wayne Guinn's Reply to Order to Show Cause and Request for Enlargement of Time (nos. 32300/34554).
11/16/2000Notice/IncomingFiled Notice of Change of Address. From James Anddre Boles (nos. 32300/34554).
11/17/2000MotionFiled Motion for Permission to File Document. Respondent, Margaret L. Moreland's, Motion for Leave to File Response to Appellant Wayne Guinn's Reply to Order to Show Cause and Request for Englargement of Time (nos. 32300/34554).
11/17/2000Other Other. Respondent, Margaret L. Moreland's, Response to Appellant Wayne Guinn's Reply to Order to Show Cause and Request for Englargement of Time (nos. 32300/34554).
03/22/2001MotionFiled Motion to Dismiss Appeal. Notice of Withdrawal of Appeal. (No. 32300 only) Nos. 32300/34554 (01-05094)
04/30/2001Order/DispositionalFiled Order Dismissing Appeal. Order Dismissing Appeals in Docket Nos. 32300 and 34554 (consolidated cases), and Directing a Response and Suspending Briefing in Docket No. 36880. DOCKET NO. 32300. We need not decide the jurisdictional issues in this appeal, because on march 22, 2001, Guinn filed a motion for voluntary dismissal. We grant Guinn's motion, and ' . . . we dismiss the appeal in Docket No. 32300.' The parties to bear their own costs and attorney fees. fn1[In Guinn's November 7, 2000 response to this court's show cause order, he requested an enlargement of time to file the response, as it was not timely. Also, on November 17, 2000, Margaret Moreland filed a motion to respond to Guinn's response. In light of our order, we deny Guinn's request and Margaret's motions a moot.] DOCKET NO. 34554. In response to this court's order to show cause, Barrow does not address the prematurity of her July 20, 1999 notice of appeal. fn5[On October 30, 2000, Margaret Moreland filed a motion to respond to Barrow's reply. Joseph Moreland filed a joinder and supplement to Margaret's motion on November 1, 2000. We grant the motion. The clerk shall file Margaret Moreland's response provisionally received on October 30, 2000.] We conclude that we lack jurisdiction over the appeal, and ' . . . we dismiss the appeal in Docket No. 34554.' fn6[We note that Barrow ha filed a bankruptcy petition, and it is unclear at this time whether the automatic stay has been lifted. However, an appellate court may dismiss an appeal for lack of jurisdiction even where the automatic stay provisions under the bankruptcy code are otherwise applicable.] DOCKET NO. 36880. fn8[Barrow's response to this courts show cause order was filed in Docket No. 34554. However, we consider Barrow's arguments as they pertain to her amended notice of appeal in Docket No. 36880. We note that Barrow's August 27, 1999 amended notice of appeal was not transmitted to this court until October 17, 2000, after our order to show cause. This was due to an apparent oversight in the district court clerk's office.] We defer our decision on Barrow's arguments because it appears that there is no final judgment in this matter. Barrow shall have 20 days from the date of this order to show cause why the appeal in Docket No. 36880 should not be dismissed for lack of jurisdiction. In her response, Barrow shall advise this court of the status of the bankruptcy petition, including whether the bankruptcy proceeding has been resolved or the automatic stay has been lifted. The briefing schedule in Docket No. 36880 is suspended pending further order of this court. Nos. 32300/34554/36880 01-07225
04/30/2001MotionFiled Response to Order to Show Cause. Respondent, Margaret L. Moreland's, Response to Appellant Barrow's Memorandum of Points and Authorities Opposing the Dismissal of Appeal for Lack of Jurisdiction. Nos. 32300/34554. 01-19033
04/30/2001Notice/OutgoingIssued Letter. to attorney Timothy J. McGarry. Returned unfiled, the original Respondent, Margaret L. Moreland's Response to Appellant Wayne Guinn's Reply to Order to Show cause and Request for Enlargement of Time received November 17, 2000. Nos. 32300/34554. 00-20224
05/29/2001RemittiturIssued Remittitur. 01-07291
05/29/2001Case Status Update Remittitur Issued/Case Closed.
06/21/2001RemittiturFiled Remittitur. Received by County Clerk on May 31, 2001. 01-07291