| Case Information: 40218 | |||
| Short Caption: | EZ AUTO CENTER VS. POE | Court: | Supreme Court |
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - A442014 | Classification: | Civil Appeal - General - Other |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | 09/25/2002 / Carlyon, Candace | SP Status: | Completed |
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | How Submitted: | ||
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 09/17/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from EZ Auto Center, Inc.--check no. 3090. | ||
| 09/17/2002 | Notice of Appeal Documents | Filed 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 | |
| 09/25/2002 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Candace Carlyon. (Briefing and preparation of transcripts suspended pending further order of this court.) | ||
| 10/03/2002 | Docketing Statement | Filed Docketing Statement. | 02-17093 | |
| 10/04/2002 | Notice/Outgoing | Letter. Candace Carlyon. (Docketing statement) | ||
| 11/01/2002 | Motion | Filed Motion for Stay. Appellant's Emergency Motion to Stay Pending Appeal; Request for Order Shortening Time. | 02-18809 | |
| 11/04/2002 | Order/Procedural | Filed 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 | |
| 11/05/2002 | Motion | Filed Response to Motion. Respondents' Opposition to Appellant's Motion for Stay of Execution Pending Appeal. | 02-19076 | |
| 01/06/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | 03-00238 | |
| 03/06/2003 | Order/Procedural | Filed 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 | |
| 03/12/2003 | Settlement Order/Procedural | Filed 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 | |
| 03/24/2003 | Transcript Request | Filed Certificate of No Transcript Request. | 03-04935 | |
| 03/24/2003 | Motion | Filed Motion. Attorney Harold P. Gewerter. | 03-04936 | |
| 04/04/2003 | Motion | Filed Motion. Supplement to Motion to Withdraw as Attorney of Record for Appellant. | 03-05703 | |
| 04/18/2003 | Motion | Filed Response to Motion. Respondents' Response to Counsel for Appellant's Motion to Withdraw as Counsel and Countermotion to Dismiss Appeal. | 03-06671 | |
| 10/08/2003 | Motion | Filed Motion to Dismiss Appeal. Respondent's Motion to Dismiss Appeal and Motion for Sanctions and Costs. | 03-16756 | |
| 11/13/2003 | Order/Procedural | Filed 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 | |
| 12/29/2003 | Motion | Filed Motion to Dismiss Appeal. | 03-21556 | |
| 02/18/2004 | Order/Dispositional | Filed 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 | |
| 03/16/2004 | Remittitur | Issued Remittitur. | 04-03396 | |
| 03/16/2004 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 03/29/2004 | Remittitur | Filed Remittitur. Received by County Clerk on March 18, 2004. | 04-03396 | |