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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 40218
Short Caption:EZ AUTO CENTER VS. POECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A442014Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/25/2002 / Carlyon, CandaceSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
09/17/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from EZ Auto Center, Inc.--check no. 3090.
09/17/2002Notice 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.) 02-16180
09/25/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Candace Carlyon. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/03/2002Docketing StatementFiled Docketing Statement. 02-17093
10/04/2002Notice/Outgoing Letter. Candace Carlyon. (Docketing statement)
11/01/2002MotionFiled Motion for Stay. Appellant's Emergency Motion to Stay Pending Appeal; Request for Order Shortening Time. 02-18809
11/04/2002Order/ProceduralFiled Order Granting Motion. filed November 1, 2002. We grant a temporary stay of the order granting partial summary judgment entered on August 9, 2002, and the judgment entered on August 14, 2002, in Eighth Judicial District Court Case No. A442014. Respondents shall have 7 days from the date of this order to file and serve a response to appellant's emergency motion for a stay. Upon the filing of the response, this court shall resolve the emergency motion. 02-18973
11/05/2002MotionFiled Response to Motion. Respondents' Opposition to Appellant's Motion for Stay of Execution Pending Appeal. 02-19076
01/06/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-00238
03/06/2003Order/ProceduralFiled Order Granting Motion. Granting Stay and Remanding to District Court for Limited Purpose of Determining Security. Having considered the motion and opposition, we conclude that a stay is warranted. We further conclude that a bond or other appropriate security is required of appellant as a condition for the stay. We therefore grant appellant's motion, and remand this matter to the district court for the limited purpose of determining the appropriate security. The district court shall determine the appropriate security within 30 days of this order's date. Appellant shall have 30 days from the date of the district court's order to provide the security and to submit proof to the clerk of this court. Failure to comply with the security condition will result in this court's vacation of the stay. 03-03747
03/12/2003Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 03-04135
03/24/2003Transcript RequestFiled Certificate of No Transcript Request. 03-04935
03/24/2003MotionFiled Motion. Attorney Harold P. Gewerter. 03-04936
04/04/2003MotionFiled Motion. Supplement to Motion to Withdraw as Attorney of Record for Appellant. 03-05703
04/18/2003MotionFiled Response to Motion. Respondents' Response to Counsel for Appellant's Motion to Withdraw as Counsel and Countermotion to Dismiss Appeal. 03-06671
10/08/2003MotionFiled Motion to Dismiss Appeal. Respondent's Motion to Dismiss Appeal and Motion for Sanctions and Costs. 03-16756
11/13/2003Order/ProceduralFiled Order Granting Motion. to Wthdraw and Denying Motion to Dismiss. Attorney Harold P. Gewerter, has filed a motion to withdraw as counsel for appellant. To date, appellant has not opposed the motion or otherwise responded to the motion. Cause appearing, we grant the motion. The clerk of this court shall remove Mr. Gewerter as counsel of record for appellant in this appeal. We note that a corporation may not proceed in proper person. Accordingly, appellant shall have 30 days from the date of this order to retain new counsel to represent it in this appeal and cause new counsel to enter an appearance with this court. We caution appellant that failure to comply with this order may result in the immediate dismissal of this appeal as abandoned. Respondents have filed a motion to dismiss this appeal for failure to file the opening brief and appendix pursuant to NRAP 31(a)(1) and for costs pursuant to NRAP 39. As noted above, appellant is currently a corporate entity proceeding in proper person and thus is not permitted to file the opening brief and appendix. Further, this court prefers to decide cases on their merits. Accordingly, we deny respondents' motion for dismissal of this appeal and for costs. fn1[We note that pursuant to NRAP 39(c), costs can only be allowed for printing or producing necessary copies of briefs or appendices, and counsel's transportation to arguments in this court. We note that no such costs have been incurred in this appeal.] Respondents' motion also requests the imposition of sanctions pursuant to NRAP 38. No good cause appearing, we deny the request for sanctions. 03-18950
12/29/2003MotionFiled Motion to Dismiss Appeal. 03-21556
02/18/2004Order/DispositionalFiled Order Dismissing Appeal. Order Dismissing Appeal and Vacating Stay. On December 29, 2003, respondents filed a motion to dismiss this appeal as abandoned, since appellant had failed to retain new counsel or otherwise prosecute this appeal in any way. Appellant has not opposed or otherwise responded to the motion to dismiss. We conclude that appellant has abandoned this appeal, and so " . . . we dismiss the appeal." In light of the dismissal, we also vacate the stay entered on March 6, 2003. NNP04-NB/DA/MG 04-03084
03/16/2004RemittiturIssued Remittitur. 04-03396
03/16/2004Case Status Update Remittitur Issued/Case Closed.
03/29/2004RemittiturFiled Remittitur. Received by County Clerk on March 18, 2004. 04-03396