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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 37965
Short Caption:NIZNICK VS. ANITA R. BROOKS INTERIORSCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A355485Classification:Civil Appeal - General - Other
Disqualifications:MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Justice Agosti for Justice MaupinPanel Assigned: Panel
To SP/Judge:06/05/2001 / Levitt, LansfordSP Status:Completed
Oral Argument:06/09/2003 at 9:30 AMOral Argument Location:Carson City
Submission Date:06/09/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
06/01/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Kravitz Schnitzer & Sloane, Chtd.--check no. 031118.
06/01/2001Notice 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.) 01-09152
06/04/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 01-09269
06/05/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
06/08/2001Notice/Outgoing Letter. Lansford W. Levitt.
06/18/2001Notice/OutgoingIssued Notice of Deficient Docketing Statement. Returned Unfiled Docketing Statement. Corrected docketing statement due: 10 days. (Docketing Statement form mailed to counsel for appellant.)
06/18/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 on cross-appeal from Steven B. Glade--check no. 7421.
06/18/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 01-10187
06/22/2001Notice/Outgoing Letter. Lansford W. Levitt.
06/27/2001Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 01-10844
06/28/2001Notice/Outgoing Letter. Lansford W. Levitt.
07/09/2001Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 01-11495
07/19/2001Notice/Outgoing Letter. Lansford W. Levitt.
10/01/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-16495
10/12/2001Transcript RequestFiled Certificate of No Transcript Request. Certificate that Transcript was Requested (with attached Request for Transcript filed in district court on 8/13/01). 01-17285
10/19/2001Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this matter. Appellants and cross-appellants: 15 days to comply with NRAP 9(a); appellants/cross-respondents: 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 01-17662
10/25/2001Notice/IncomingFiled Notice. Statement of Respondents and Cross-Appellant regarding the Trial Transcript. (certificate of no transcript request) 01-17992
12/19/2001Order/ProceduralFiled Order. On October 12, 2001, appellants/cross-respondents (appellants) filed a "Certificate That Transcript Was Requested." On October 25, 2001, respondents/cross-appellants (respondents) filed a notice stating that they will not be requesting transcripts to be prepared because appellants have already ordered all of the necessary transcripts. Attached to respondents' notice were copies of the transcript request forms. Our review of the transcript request forms indicates that appellant improperly filed them in the district court. Nevertheless, because the transcript request forms otherwise comply with the requirements of NRAP 9(a), we elect to waive that portion of NRAP 9(a) directing appellants to file the transcript request form with this court. Court reporters/recorders Lori Judd, Gayle Pichierri and Paula Walsh shall file certified copies of the requested transcripts with this court within 20 days from the date of this order. We admonish appellants' counsel for not complying with the Nevada Rules of Appellate Procedure by filing the transcript request form in the district court. 01-21428
01/10/2002TranscriptFiled Transcript. Proceedings: 01/08/01 through 01/12/01; and 01/16/01 through 01/18/01. Court Reporter: Karen L. Snyder. 02-00727
01/14/2002Notice/IncomingFiled Proof of Service. (transcripts) from court reporter Paula Walsh. 02-00945
01/31/2002TranscriptFiled Transcript. Proceedings: 2/12/01 and 2/13/01. Court Reporter: Norma Jean Silverman. 02-02063
02/13/2002OtherDisqualification of Justice Maupin. Law firm of Kravitz Schnitzer & Sloane, Chtd.
02/21/2002BriefFiled Opening Brief. Appellant/Cross-Respondent. Mailed on: 02/19/02. Signed by: M. Bradley Johnson. STRICKEN BY ORDER 08/23/02 02-03309
02/21/2002AppendixFiled Appendix to Opening Brief. Appellant/Cross-Respondent. Vols. 1 through 3. STRICKEN BY ORDER 08/23/02 02-03310
03/04/2002MotionFiled Motion to Dismiss Appeal. and Respondents' Motion for an Amended Briefing Schedule. 02-03852
03/11/2002MotionFiled Response to Motion. Appellant's Opposition to Respondents' Motion to Dismiss the Appeal and Opposition to Respondents' Motion for an Amended Briefing Schedule. 02-04363
08/23/2002Order/ProceduralFiled Order. Striking Opening Brief and Appendix. On March 4, 2002, respondents/cross-appellants (respondents) filed a motion to dismiss this appeal and motion for amended briefing schedule. On March 11, 2002, appellants/cross-respondents (appellants) filed an opposition to respondents motion. Due to the numerous deficiencies in the appendix, we direct the clerk of this court to strike the appendix filed February 21, 2002. Because we strike the appendix to the opening brief, we also direct the clerk of this court to strike the opening brief filed February 21, 2002. Appellants shall have 30 days from the date of this order to file a new appendix that fully complies with NRAP 30. Within the same time period, appellant shall file a corrected opening brief that cites to the new appendix and includes a statement of the issues raised on appeal. We deny respondents' motion to dismiss. We caution appellants' counsel that future failure to comply with the Nevada Rules of Appellate Procedure may result in the imposition of sanctions. We grant respondents' March 4, 2002 motion. Respondents shall have 30 days from service of the corrected opening brief and new appendix to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellants shall have 30 days from service of respondents' brief to file a combined reply brief on appeal and answering brief on cross-appeal. Respondents shall have 30 days from service of appellants' brief to file a reply brief, if any. 02-14482
09/20/2002BriefFiled Opening Brief. Corrected Opening Brief Appellant/Cross-Respondent. Mailed on: Fed Ex 09/19/02. 02-16367
09/20/2002AppendixFiled Appendix to Opening Brief. Corrected Appendix. Vols. 1 through 3. 02-16368
10/24/2002MotionFiled Motion and Order/Excess Pages. Granted: 45 pages. 02-18419
10/24/2002BriefFiled Answering Brief. Respondents' Answering Brief and Respondent's Opening Brief on Cross-Appeal. Mailed on 10/22/02. 02-18420
10/24/2002AppendixFiled Appendix to Answering Brief. Volumes 1 through 3. 02-18421
11/25/2002BriefFiled Reply Brief. Appellants Reply Brief and Answering Brief on Cross-Appeal. Mailed on: 11/22/02. 02-20220
11/25/2002AppendixFiled Appendix to Reply Brief. Appendix to Appellants' Reply Brief and Answering Brief on Cross-Appeal. 02-20221
12/30/2002BriefFiled Reply Brief on Cross-Appeal. 02-22170
04/28/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on June 9, 2003, at 9:30 a.m. (NNP03-DA/RR/MG)
05/27/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
06/09/2003Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP03-DA/RR/WM
08/25/2003Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming Part, Reversing in Part and Remanding. fn1[The respondents/cross-appellants will be referred to collectively as "ABI" unless otherwise noted.] fn2[The motion for attorney fees was filed by ABI alone.] "We affirm the district court's judgment, reverse the district court's order denying ABI attorney fees and remand this matter for further proceedings." NNP03-DA/RR/MG 03-14213
09/08/2003MotionFiled Motion. Verified Bill of Costs of Anita R. Brooks Interiors, Inc. and Anita Brooks Canfield. 03-15009
09/11/2003Filing Fee Filing Fee due.
09/11/2003Post-Judgment PetitionFiled Petition for Rehearing. 10/16/03 ORDER: WITHDREW PETITION FOR REHEARING. 03-15268
09/16/2003Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. (Rehearing fee -- $150). Due Date: 10 days
09/29/2003MotionFiled Motion. Withdrawal of Petition for Rehearing. 03-16240
10/09/2003Filing FeeReceived Filing Fee Paid on Filing. $150 from Kravitz, Schnitzer & Sloane, Chtd. - check no. 69558.
10/16/2003Order/ProceduralFiled Order. Withdrawing Petition for Rehearing, Granting Costs and Directing Issuance of Remittitur. On August 25, 2003, this court entered an 'Order Affirming in Part, Reversing in Part and Remanding.' On September 11, 2003, appellants/cross-respondents ('appellants') filed a petition for rehearing. On September 29, 2003, appellants filed a document entitled 'Withdrawal of Petition for Rehearing.' We elect to treat that document as a motion for voluntary withdrawal of the petition for rehearing and we grant the motion. On September 8, 2003, respondents/cross-appellants ('respondents') filed a verified bill of costs in the total amount of $415.40 for travel to oral argument and copying and binding respondents' briefs. Under NRAP 39(c), the maximum amount of taxable costs is $250.00. Because respondents prevailed in both the appeal and cross-appeal, and because appellants have not opposed respondents' verified bill of costs, we grant the motion for costs in part. See NRAP 39(a). Costs are allowed to respondents in the total amount of $250.00. See NRAP 39(b). The clerk of this court shall issue the remittitur. See NRAP 41(a). 03-17247
10/16/2003RemittiturIssued Remittitur. Memorandum of Cost and Disbursements allowed and taxed in the amount of $250.00. 03-17266
10/16/2003Case Status Update Remittitur Issued/Case Closed.
10/29/2003RemittiturFiled Remittitur. Received by County Clerk on October 20, 2003. 03-17266