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United States Court Cases

Nevada Supreme/Appellate Court Record

CARMONA VS. CARMONA C/W 35851

Case Information: 36220
Short Caption:CARMONA VS. CARMONA C/W 35851Court:Supreme Court
Consolidated: 35851 *, 36220Related Case(s): 34656 , 35851
Lower Court Case(s):Clark Co. - Eighth Judicial District - D181580Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:06/07/2000 / Levitt, LansfordSP Status:Completed
Oral Argument:07/01/2003 at 11:30 AMOral Argument Location:Las Vegas Office
Submission Date:07/01/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/05/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from William E. Freedman, Chtd.--check no. T6509.
06/05/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-09368
06/07/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
06/09/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 3/13/00 and 5/1/00. To Court Reporter: Deborah Casper. 00-09777
06/30/2000MotionFiled Motion for Stay. Appellant's Emergency Application for Stay of Judgment or Order of the District Court Pending Appeal and for Approval of Supersedeas Bond. 00-11179
07/07/2000MotionFiled Response to Motion. Respondent's Opposition to Appellant's Emergency Application for Stay of Judgment or Order of the District Court Pending Appeal and for Approval of Superseeas Bond." 00-11563
07/11/2000MotionFiled Motion for Permission to File Document. Appellant's Request for Permission to Reply to Respondent's Opposition. 00-11929
07/12/2000Order/ProceduralFiled Order Denying Motion. Order Denying Motion for Stay. On June 30, 2000, appellant filed an emergency motion for a stay pending appeal. Respondent filed an opposition to the motion on July 7, 2000. Appellant has not demonstrated that these factors militate in favor of a stay. We deny appellant's motion. 00-12019
07/13/2000Order/ProceduralFiled Order Denying Motion. On July 12, 2000, this court entered an order denying appellant's emergency motion for a stay pending appeal. In light of that order, we deny appellant's motion filed on July 11, 2000, requesting permission to file a reply to respondent's opposition. 00-12109
08/10/2000Settlement Program ReportFiled Interim Settlement Program Report. Appellant, Janis Carmona, has filed for protection under United States Bankruptcy Code, Chapter 13. 00-13910
09/20/2000Order/ProceduralFiled Order. On August 10, 2000, the settlement judge notified this court that appellant Janis Carmona has filed a petition for bankruptcy in the United States Bankruptcy Court. We order this appeal stayed pursuant to the mandatory provisions of federal bankruptcy law. Appellant shall have 60 days from the date of this order to file a report informing this court of the status of the bankruptcy proceedings. 00-16597
09/22/2000MotionFiled Motion. Motion for Clarification of Issues on Appeal and Extension of Time to File Answering Brief (also requesting consolidation of appeals) nos. 36220/35851. 00-16756
09/27/2000Notice/IncomingFiled Notice. Notice of Failure to Pay Deposit for Transcripts. From court reporter Deborah S. Casper. 00-17072
10/05/2000Order/ProceduralFiled Order. On September 20, 2000, this court ordered the appeal in Docket Number 36220 stayed pursuant to the mandatory provisions of federal bankruptcy law. We note that Docket Number 35851 is a related appeal which arose out of the same district court action as Docket Number 36220. We also order the appeal in Docket Number 35851 stayed pursuant to the mandatory provisions of federal bankruptcy law. The briefing in Docket Number 35851 is suspended pending resolution of the bankruptcy proceedings or entry of an order of the bankruptcy court lifting the automatic stay. Appellant Janis Carmona shall have 60 days from the date of this order to file a report in Docket Numbers 35851 and 36220 informing this court of the status of the bankruptcy proceedings. fn1[We vacate that portion of our order entered on September 20, 2000, in Docket Number 36220 directing appellant, within twenty days, to file a status report in Docket Number 36220 only.] On September 22, 2000, respondent filed motions, in Docket Numbers 35851 and 36220, for clarification of issues on appeal and extension of time to file answering brief. Specifically, respondent requests this court to clarify the issues on appeal by consolidating the two cases. Appellant filed an opposition to these motions on September 27, 2000. Because both of these appeals have been stayed pursuant to the mandatory provisions of federal bankruptcy law, we defer ruling on these motions pending resolution of the bankruptcy proceedings or an order of the bankruptcy court lifting the automatic stay. Nos. 35851, 36220. 00-17699
12/06/2000Notice/IncomingFiled Notice. Status Report. (Nos. 35851 and 36220 are not consolidated.) 00-21309
12/11/2000MotionFiled Motion. Motion for Permission to Reply to Appellant's Status Report. 00-21635
12/26/2000Notice/IncomingFiled Notice. Supplement to Status Report. Nos. 35851 and 36220 00-22432
01/16/2001Order/ProceduralFiled Order Granting Motion. Respondent shall have 15 days from the date of this order to file a reply to appellant's status report in Docket No. 35851 and Docket No. 36220. (Nos. 35851 and 36220 are not consolidated cases.) 01-00846
02/05/2001Other Other. Filed Reply to Appellant's Status Report. Nos. 35851/36220 (not consolidated) 01-02281
06/28/2001Order/ProceduralFiled Order. Order Lifting Bankruptcy Stay. Based on the documents filed with this court, we conclude that the automatic bankruptcy stay is no longer in effect and these appeals may proceed. As a settlement conference has not yet been held in Docket No. 362220, settlement judge Lansford W. Levitt shall schedule a settlement conference in Docket No. 36220 within 30 days of the date of this order. The briefing in Docket No. 35851 shall remain stayed pending the outcome of the settlement conference in Docket No. 36220. On September 22, 2000, respondent filed motions in these appeals for clarification of the issues on appeal. Appellant filed an opposition on September 27, 2000. We defer ruling on respondent's motion pending the outcome of the settlement conference in Docket No. 36220. Nos. 35851/36220 (not consolidated). 01-10950
08/09/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 3/13/00 and 5/1/00. To Court Reporter: Deborah Casper. 01-13497
09/18/2001MotionFiled Motion to Extend Time. 01-15774
09/27/2001TranscriptFiled Transcript. Proceedings: March 13, 2000 and May 1, 2000. Court Reporter: Michele Phelps. 01-16316
10/01/2001Other Other. Received Certification of the Transcripts. 01-16499
10/01/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-16517
10/01/2001Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
10/01/2001Notice/IncomingFiled Proof of Service. Certification of Transcripts. 01-16530
10/10/2001Docketing StatementFiled Docketing Statement. 01-17036
12/21/2001Order/ProceduralFiled Order/Briefing Schedule. The parties were unable to agree to a settlement in Docket No. 36220. Accordingly, these appeals shall proceed. Respondent's motion to consolidate is granted. The above-entitled appeals are consolidated for all appellate purposes. Appellant previously filed an opening brief in Docket No. 35851. Appellant: 70 days to file and serve an additional opening brief and appendix, addressing the issues raised in Docket No. 36220. Respondent shall have 30 days thereafter to file and serve a single answering brief, addressing the issues raised in both appeals. fn1[We deny as moot respondent's September 22, 2000 motion for an extension of time to file the answering brief.] Appellant shall have 30 days thereafter to file and serve a single reply brief. fn2[The transcripts requested by appellant were filed in this court on September 21, 2001. We deny as moot Court Reporter Deborah Casper's September 18, 2001 motion for an extension of time to prepare transcripts.] (01-21559) Nos. 35851/36220
03/01/2002BriefFiled Opening Brief. Mailed on: Fed-Ex 2/28/02. Signed by William E. Freedman. Nos. 35851/36220-filed in case no. 36220. (02-03785) 02-03785
03/01/2002AppendixFiled Appendix to Opening Brief. Volumes 1 through 6. Nos. 35851/36220-filed in case no. 36220. (02-03786) 02-03786
04/01/2002MotionFiled Motion and Order Extending Time. Brief due: April 29, 2002. Nos. 35851/36220
05/01/2002MotionFiled Motion to Extend Time. Nos. 35851/36220
05/03/2002Order/ProceduralFiled Order Granting Motion. filed May 1, 2002. Respondent shall file and serve the answering brief by June 28, 2002. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Nos. 35851/36220. (02-07813)
07/01/2002MotionFiled Motion for Excess Pages. Nos. 35851/36220 (02-11285).
07/01/2002BriefReceived Answering Brief. Mailed on: 6/28/02. Nos. 35851/36220 (02-11286).
07/01/2002AppendixReceived Appendix. Vols. 1 and 2. Nos. 35851/36220 (02-11289).
07/03/2002Notice/IncomingFiled Proof of Service. (Motion to File Answering Brief in Excess of 30 Pages) Nos. 35851/36220 (02-11387).
07/19/2002MotionFiled Motion to Extend Time. Nos. 35851/36220 (02-12438).
08/02/2002MotionFiled Motion to Strike. Motion to strike certain enumerated portions of respondent's Appendix. Nos. 35851/36220. (02-13272)
08/12/2002MotionFiled Response to Motion. Opposition to Appellant's Motion to Strike. Nos. 35851/36220 (02-13790).
09/03/2002Order/ProceduralFiled Order. We grant the unopposed motion filed July 1, 2002. The clerk of this court shall file the 85-page answering brief and respondent's appendix received on July 1, 2002. On August 2, 2002, appellant filed a motion to strike certain enumerated portions of respondent's appendix. On August 12, 2002, respondent filed an opposition to the motion to strike. We deny appellant's motion to strike. Although we decline to strike and portions of respondent's appendix at this time, we caution respondent that in reviewing these consolidated appeals this court will disregard all documents improperly included in the appendix. We granat appellant's July 19, 2002, motion for an extension of time to file a reply brief. Appellant shall have until September 30, 2002, to file and serve a reply brief. Nos.35851/36220. (02-15191)
09/03/2002BriefFiled Answering Brief. Mailed on: 6/28/02. Nos. 35851/36220-brief in No. 35851.
09/03/2002AppendixFiled Appendix to Answering Brief. Volumes 1 and 2. Nos. 35851/36220-appendix in No. 35851.
09/12/2002MotionFiled Motion to Extend Time. Nos. 35851/36220. (02-15894)
09/12/2002MotionFiled Motion for Permission to File Document. Motion for Permission to file a Reply to Respondent's Opposition to Appellant's Motion to Strike Pursuant to NRAP 27(a). Nos. 35851/36220. (02-15897)
09/12/2002MotionReceived Reply to Response. Reply to Respondent's Opposition to Appellant's Motion to Strike Pursuant to NRAP 27(a). Nos. 35851/36220. (02-15900) 02/19/03 ORDER: RETURNED UNFILED. Nos. 35851/36220.
11/26/2002BriefReceived Reply Brief. Mailed on: FedEx 11/25/02. Nos. 35851/36220. (02-20310)
02/19/2003Order/ProceduralFiled Order. We grant the motion filed on September 12, 2002. The clerk of this court shall file the reply brief received on November 26, 2002. Also on September 12, 2002, appellant filed a motion for leave to file a reply to respondent's opposition to appellant's motion to strike portions of respondent's appendix. That motion was resolved in this court's September 3, 2002, order. We deny the motion for leave to file a reply. The clerk of this court shall return, unfiled, the proposed reply received on September 12, 2002. Nos. 35851/36220. (03-02793)
02/19/2003Notice/OutgoingIssued Letter. to attorney William E. Freedman. Returned unfiled, the original "Reply to Respondent's Opposition to Appellant's Motion to Strike Pursuant to NRAP 27 (a)" received September 12, 2002, Nos. 35851/36220.
02/19/2003BriefFiled Reply Brief. Mailed on: FedEx 11/25/02. Nos. 35851/36220. (02-20310)
06/02/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on July 1, 2003, at 11:30 a.m. (SNP03-MS/ML/NB) (Nos. 35851 and 36220)
06/17/2003Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 35851and 36220)
06/18/2003Other Other. Filed Respondent's Supplemental Memorandum. Nos. 35851/36220 (03-10229).
06/20/2003BriefFiled Supplemental Authorities. Appellant's Supplemental Memorandum in Response to Respondent's Supplemental Memorandum. Nos. 35851/36220 [03-10337]
07/01/2003Case Status Update Submitted for Decision. Before the Southern Nevada Panel.SNP03-MS/ML/NB. Nos. 35851/36220.
07/07/2003Notice/IncomingFiled Notice. Appellant's Memorandum in Opposition to Respondent's Cases Submitted at Oral Argument. (Nos. 35851 and 36220. (03-11299)
07/10/2003Other Other. Filed Respondent's Supplemental Filing for the Record. Nos. 35851/36220 [03-11632]
07/14/2003MotionFiled Response to Motion. Appellant's Memorandum in Opposition to Respondent's Supplemental Filing for the Record. Nos. 35851/36220 [03-11814]
07/31/2003Order/ProceduralFiled Order. Re: Supplemental Authorities. During argument, the court granted respondent's request for permission to file supplemental authorities at a later date. Before respondent's supplemental authorities were filed, appellant filed a memorandum in response to the three cases cited by respondent during argument. On July 10, 2003, respondent filed supplemental authorities that included the 3 cases cited during argument and an additional case discovered after argument. On July 14, 2003, appellant filed another response to address the inclusion of the additional case in appellant's supplemental authorities. Cause appearing, we will consider appellant's supplemental authorities and respondent's memoranda in response in our deliberation of these consolidated appeals. Nos. 35851/36220. (0312892)
10/21/2003Order/DispositionalFiled Order of Affirmance. These are two consolidated appeals from several district court orders in the same district court case. "We ORDER the judgment of the district court AFFIRMED." SNP03-MS/ML/NB. Nos. 35851/36220. 03-17493
11/07/2003Post-Judgment PetitionFiled Petition for Rehearing. Nos. 35851/36220 [03-18645]
11/21/2003Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP03-MS/ML/NB. Nos 35851/36220. 03-19478
12/01/2003Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Mailed on: November 29, 2003. Nos. 35851/36220 (03-19888).
12/16/2003RemittiturIssued Remittitur. 03-19664
12/16/2003Case Status Update Remittitur Issued/Case Closed.
12/17/2003Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC. Nos. 35851/36220. 03-21002
12/29/2003MotionFiled Motion. Motion to Publish Order of Affirmance. Nos. 35851/36220. (03-21573)
01/02/2004RemittiturFiled Remittitur. Received by County Clerk on December 18, 2003. 03-19664
03/01/2004Order/ProceduralFiled Order Denying Motion. to Publish Order of Affirmance. This court previously issued an unpublished order resolving these appeals. Appellant Janis Carmona has filed a motion to publish that order as an opinion. The motion is unopposed. Having considered the motion, we conclude that publication of our prior order of affirmance is not warranted. Accordingly, we deny the motion to publish. Nos. 35851/36220. (04-03804)
03/01/2004Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed February 18, 2004, and placed on the docket as Case No. 03-1186. Nos. 35851/36220 [04-03810]
04/23/2004Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. Nos. 35851/36220 (No action required.) 04-07533