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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 37978
Related Case(s): 44925 , 48345 , 48513
Lower Court Case(s):Clark Co. - Eighth Judicial District - A423192Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:06/12/2001 / Hammer, BillSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:07/17/2003How Submitted:On Briefs

+ Party Information

Docket Entries
06/04/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Christopherson Law Offices--check no. 4407.
06/04/2001Notice 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.) 01-09226
06/12/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Bill C. Hammer. (Briefing and preparation of transcripts suspended pending further order of this court.)
06/19/2001Docketing StatementFiled Docketing Statement. 01-10226
06/20/2001Notice/Outgoing Letter. Bill C. Hammer.
09/07/2001Notice/IncomingFiled Notice. Notice of Filing Chapter 7 Bankruptcy. 01-15161
09/07/2001MotionFiled Motion. 01-15162
09/13/2001Notice/IncomingFiled Proof of Service. (Motion to Withdraw). 01-15487
02/26/2002Order/ProceduralFiled Order. It appears that the bankruptcy court has discharged the bankruptcy proceeding, respondents have failed to file a copy of the bankruptcy discharge with this court. Respondents shall have 20 days from the date of this order to file and serve a copy of the bankruptcy discharge with this court. On September 7, 2001, counsel for respondents filed a motion to withdraw as counsel of record. Because we direct respondents to file a copy of the bankruptcy discharge, we defer ruling on that motion until after respondents have complied with this order. 02-03571
03/11/2002Notice/IncomingFiled Affidavit. Affidavit with Attachment of Discharge of Debtor - Respondent, Patricia Wyatt. 02-04395
06/18/2002Notice/OutgoingIssued Letter. to (Paull H. Schofield) Counsel for Respondent to provide this court with a proof of service upon Counsel's clients.
07/15/2002Notice/IncomingFiled Proof of Service. (service on clients for motion to withdraw filed 09/07/01.) 02-12114
08/13/2002Order/ProceduralFiled Order. Lifting Bankruptcy Stay and Granting Motion to Withdraw. On September 7, 2001, respondents filed a notice informing this court that respondent Patricia Wyatt filed for Chapter 7 Bankruptcy on June 8, 2001. On March 11,2002, respondents filed an affidavit informing this court that Ms. Wyatt's bankruptcy proceeding had been discharged. This appeal shall proceed. On September 7, 2001, attorney Paul H. Schofield filed a motion to withdraw as counsel of record for respondents. We grant the motion. Respondents shall have 60 days from the date of this order to retain new counsel to represent them on appeal and cause new counsel to enter an appearance with this court or notify this court in writing that they will not be retaining new counsel. New counsel, if obtained, will be expected to participate in the settlement conference program. 02-13859
10/01/2002Letter/IncomingFiled Letter. from Carmicheal & Powell regarding respondent Patricia Wyatt. 02-16982
10/08/2002Notice/Outgoing Letter. Bill C. Hammer. (Letter from Carmichael & Powell, regarding respondent Patricia Wyatt)
12/04/2002Order/ProceduralFiled Order/Show Cause. Response due from appellant: 30 days from the date of this order. 02-20746
01/03/2003MotionFiled Response to Order to Show Cause. 03-00140
03/18/2003Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. Order Partially Dismissing Appeal, Removing from Settlement Program and Reinstating Briefing. On August 13, 2002, this court entered an order lifting a bankruptcy stay as respondent Patricia Wyatt's bankruptcy proceeding had been discharged. On January 3, 2003, appellant filed a response to the December 4, 2002, order to show cause why this appeal should not be dismissed. Appellant concedes that due to the bankruptcy discharge he may not pursue this appeal against respondent Patricia Wyatt. Because appellant may not pursue his appeal against respondent Patricia Wyatt, we dismiss this appeal as to respondent Patricia Wyatt only and direct the clerk of this court to remove Patricia Wyatt from the caption. Because respondent Wyatt Insurance Agency, Inc. is proceeding without counsel, we remove this appeal from the settlement conference program. Accordingly, we reinstate the deadlines for requesting transcripts and filing the opening brief and appendix. Appellant shall have 15 days from the date of this order to comply with NRAP 9(a). Appellant shall have 120 days from the date of this order to file and serve the opening brief and appendix. Because respondent Wyatt Insurance Agency, Inc., is proceeding without counsel and is not permitted to file documents with this court, briefing of this appeal shall stand submitted for decision upon the filing of the opening brief and appendix. 03-04521
04/04/2003Transcript RequestFiled Certificate of No Transcript Request. 03-05693
04/28/2003Letter/IncomingReceived Proper Person Letter. (attached is numerous unopened envelopes) 08/18/03 ORDER: RETURNED UNFILED. 03-07223
07/17/2003BriefFiled Opening Brief. 03-12123
07/17/2003AppendixFiled Appendix to Opening Brief. 03-12124
07/17/2003Case Status Update Submitted for Decision.
08/18/2003Order/ProceduralFiled Order. Returning Proper Person Document. We note that respondent is proceeding in proper person. Thus, to the extent that Mr. Wyatt seeks to file a document in support of respondent, we deny the request. The clerk of this court shall return, unfiled, the proper person letter and the documents attached thereto received on April 28, 2003. Should respondent Wyatt Insurance Agency, Inc., wish to file documents in this appeal, it must retain counsel and cause counsel to enter an appearance in this matter. 03-13692
08/18/2003Notice/OutgoingIssued Letter. to Dean P. Wyatt. Returned unfiled, the original "proper person letter and the documents attached thereto received on April 28, 2003."
04/28/2004Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. We conclude that the district court abused its discretion in dismissing the action as to respondent Wyatt Insurance. "We reverse the district court's order dismissing the action as to Wyatt Insurance, and remand this matte for further proceedings." fn6[As this appeal was previously dismissed as to Patricia Wyatt, our order does not affect any district court ruling as to her.] SNP04D-RR/WM/MD 04-07763
05/25/2004RemittiturIssued Remittitur. 04-08090
05/25/2004Case Status Update Remittitur Issued/Case Closed.
06/16/2004RemittiturFiled Remittitur. Received by County Clerk on May 27, 2004. 04-08090