judyrecords
search tips
720 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

FORREST TRUST VS. FIDELITY TITLE C/W 48725

Case Information: 49461
Short Caption:FORREST TRUST VS. FIDELITY TITLE C/W 48725Court:Supreme Court
Consolidated: 48725 *, 49461Related Case(s): 48725
Lower Court Case(s):Clark Co. - Eighth Judicial District - A469521Classification:Civil Appeal - General - Other
Disqualifications:SaittaCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:06/08/2009 at 10:30 AMOral Argument Location:Regional Justice Center
Submission Date:06/08/2009How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/16/2007Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Roger P. Croteau - check no. 8969.
05/16/2007Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 07-10894
05/16/2007OtherDisqualification of Justice Saitta. Sat in district court proceedings.
06/14/2007Notice/OutgoingIssued Notice to File Docketing Statement and Request Transcripts. 07-13045
07/24/2007Order/ProceduralFiled Order. to file Docketing Statement and to Comply with NRAP 9(a.) To date, appellant has failed to comply with the notice. Docketing statement and request transcripts due: 10 days. We caution appellant's counsel that failure to comply with this order may result in the imposition of sanctions, including dismissal of this appeal as abandoned. 07-16134
08/07/2007Docketing StatementFiled Docketing Statement. 07-17367
08/21/2007Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/7/06 and 11/13/06. To Court Reporter: Richard Kangas. Nos. 48725 and 49461 (not consolidated) [07-18511]
09/21/2007Notice/OutgoingIssued Notice to File Opening Brief and Appendix. 07-20829
11/08/2007MotionFiled Stipulation. Nos. 48725/49461 - cases are not consolidated. 07-24428
11/08/2007MotionFiled Motion to Consolidate. Nos. 48725/49461. 07-24430
11/15/2007Order/ProceduralFiled Order/Stipulation Approved. The parties' stipulation to consolidate Docket No. 48725 with Docket No. 49461 is approved. The clerk shall amend the caption to reflect the consolidation of these two appeals. The parties' stipulation to extend the time for filing the opening brief and appendix is approved. Appellant: November 21, 2007, to file and serve a single opening brief and appendix. Mr. Kangas: 20 days from the date of this order to prepare and file the requested transcripts. Fn1 [A copy of the transcript request form is attached to this order.] Nos. 48725/49461 (07-24869).
11/21/2007MotionFiled Stipulation. Nos. 48725/49461. (07-25463)
11/29/2007TranscriptFiled Transcript. Proceedings: 11/07/06 and 11/13/06. Court Reporter: Richard Kangas. Nos. 48725/49461 (07-25804).
12/06/2007MotionFiled Motion for Excess Pages. Motion for Leave to File Brief in Excess of Thirty Pages. Nos. 48725/49461 (07-26338).
12/06/2007BriefReceived Opening Brief. Nos. 48725/49461 (07-26344). RETURNED UNFILED PER ORDER 12/26/07.
12/06/2007AppendixReceived Appendix to Opening Brief. Vols. 1 through 13. Nos. 48725/49461 (07-26352). RETURNED UNFILED PER ORDER 12/26/07.
12/06/2007Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days. (Motion for Leave to File in Excess of Thirty Pages). Nos. 48725/49461 (07-26357).
12/06/2007Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days. (Appellant's Opening Brief and Appendix). Nos. 48725/49461 (07-26358).
12/06/2007Notice/IncomingReceived Notice. Notice of Errata to the Appellant's Opening Brief. Nos. 48725/49461 (07-26411). RETURNED UNFILED PER ORDER 12/26/07.
12/06/2007BriefReceived Amended Brief. Appellant's Opening Brief. Nos. 48725/49461 (07-26412). RETURNED UNFILED PER ORDER 12/26/07.
12/19/2007Notice/IncomingFiled Proof of Service. Receipt of Copy for Appellant's Opening Brief and Appendix, Vols. 1 through 13. Nos. 48725/49461.(07-27503)
12/19/2007Notice/IncomingFiled Proof of Service. Receipt of Copy for Motion for Leave to file Brief in Excess of Thirty Pages. Nos. 48725/49461. (07-27504)
12/26/2007Order/ProceduralFiled Order. We direct the clerk to return, unfiled, appellant's briefs, appendix, and notice of errata submitted on December 6, 2007. Opening Brief of no more than 60 pages due: 15 days. Nos. 48725/49461 (07-28002).
12/31/2007MotionFiled Stipulation. Stipulation for Extension of Time for Respondents to File Respondents' Opening Brief. Nos. 48725/49461 (07-28352).
01/03/2008Order/Clerk'sFiled Clerk's Order Approving Stipulation. Opening Brief due: 1/18/08 - no more than 60 pages. Nos. 48725/49461 (08-00274).
01/23/2008BriefFiled Opening Brief. Nos. 48725/49461. (08-01755)
01/23/2008AppendixFiled Joint Appendix. Volumes 1 through 13. Nos. 48725/49461. (08-01758)
02/05/2008MotionFiled Stipulation. Stipulation for Expansion of N.R.A.P. 28(g) for Respondent's Answering Brief. Nos. 48725/49461 (08-02873).
02/15/2008Order/ProceduralFiled Order. Respondents shall file answering briefs not to exceed 60 pages in length. Nos. 48725/49461 (08-03896).
02/21/2008BriefFiled Answering Brief. Respondent Christianne Yates. Nos. 48725/49461 (08-04255).
02/21/2008BriefFiled Answering Brief. Respondent Fidelity National Title Agency of Nevada, Inc. Nos. 48725/49461 (08-04265).
02/21/2008BriefFiled Answering Brief. (Joint Appendix 14 and 15). Nos. 48725/49461 (08-04267).
02/21/2008BriefFiled Answering Brief. Answering Brief of Fidelity National Title Agency of Nevada, Inc. Nos. 48725/49461 (08-04268).
02/29/2008Notice/IncomingFiled Proof of Service. - Receipt of Copy - Respondent Fidelity National Title Agency of Nevada, Inc.' Answering Brief and Joint Appendix - Vols. 14 & 15. Nos. 48725/49461 (08-05225).
03/21/2008MotionFiled Stipulation. Brief due: March 31, 2008. Nos. 48725/49461. (08-07038)
03/31/2008MotionFiled Stipulation. Nos. 48725/49461 (08-07982).
04/09/2008MotionFiled Motion to Extend Time. Nos. 48725/49461 (08-8851).
04/14/2008Order/Clerk'sFiled Clerk's Order. Approving Stipulation and Granting Motion. Reply Brief due: April 23, 2008. Nos. 48725/49461 (08-09183).
04/14/2008Notice/IncomingFiled Proof of Service. - Motion for Enlargement of Time in Which to File Reply Brief. Nos. 48725/49461 (08-09228).
04/15/2008MotionFiled Stipulation. Nos. 48725/49461 (08-09339).
04/18/2008Order/Clerk'sFiled Clerk's Order. Disapproving Stipulation as Moot. The parties' April 15, 2008, stipulation to extend the time to file the reply brief is disapproved as moot. Nos. 48725/49461 (08-09719).
04/25/2008MotionFiled Motion to Extend Time. Motion for Enlargement of Time in which to File Reply Brief. Nos. 48725/49461 (08-10379).
04/25/2008Notice/OutgoingIssued Notice to Provide Proof of Service. Motion for Enlargement of Time in which to File Reply Brief. Due date: 10 days. Nos. 48725/49461 (08-10385).
05/01/2008Notice/IncomingFiled Proof of Service. Motion for Enlargement of Time in which to File Reply Brief served on respondents. Nos. 48725/49461 (08-10843).
05/12/2008Order/ProceduralFiled Order. Granting Motion. Reply Brief due: May 23, 2008. Nos. 48725/49461 (08-11839).
05/13/2008Other Returned Unfiled Document. Issued Letter to Attoney Douglas Gerrard - returning unfiled "Opposition to Motion for Enlargement of Time in which to File Reply Brief" as untimely. Nos. 48725/49461 (08-12000). [Copies have been distributed per the ccs listed on the letter.]
05/14/2008Other Returned Unfiled Document. Issue Letter to Attorney Scott Taylor - returning unfiled "Respondent Christianne Yates' Joinder in Fidelilty's Opposition to Motion for Enlargement of Time in which to File a Reply Brief" as untimely. Nos. 48725/49461 (08-12146). [Copies have been distributed per the ccs listed on the letter.]
05/16/2008Other Returned Unfiled Document. Issued Letter to Attorney Scott R. Taylor Respondent Christianne Yates' Joinder in Fidelity's Opposition to Motion for Enlargement of Time in Which to File Reply Brief. Nos. 48725/49461 (08-12451).
05/28/2008BriefFiled Reply Brief. Appellant's Reply Brief to Yates' Answering Brief. Nos. 48725/49461 (08-13374).
05/28/2008AppendixFiled Appendix to Reply Brief. Vols. 1 through 6. Joint Appendix-Vols. 16, 17, 18, 19, 20, and 21. Nos. 48725/49461 (08-13376).
05/28/2008MotionFiled Motion for Excess Pages. Motion for Leave to File Brief in Excess of Thirty Pages. Nos. 48725/49461 (08-13377).
05/28/2008BriefReceived Reply Brief. Appellant's Reply Brief to Fidelity's Answering Brief. Nos. 48725/49461 (08-13379). (RETURNED UNFILED PER ORDER 06/12/08).
05/29/2008Notice/IncomingFiled Errata. Notice of Errata to the Appellant's Reply Brief to Fidelity's Answering Brief. Nos. 48725/49461 (08-13483). (STRICKEN PER ORDER 06/12/08).
06/04/2008MotionFiled Motion. (1) Opposition to Appellant's Motion for Leave to File Brief in Excess of Thirty Pages: (2) Countermotion to Strike Appellant's Reply Brief to Fidelity's Answering Brief; and (3) Alternative Countermotion to File Supplemental Answering Brief in Excess of Thirty Pages. Nos. 48725/49461 (08-14108).
06/09/2008MotionFiled Motion. Respondent Christianne Yates' Joinder in Fidelity's (1) Opposition to Appellant's Motion for Leave to File Brief in Excess of Thirty Pages: (2) Countermotion to Strike Appellant's Reply Brief to Fidelity's Answering Brief; and (3) Alternative Countermotion to File Supplemental Answering Brief in Excess of Thirty Pages. Nos. 48725/49461. (08-14494)
06/12/2008Order/ProceduralFiled Order. . Appellant's motion to file an 85-page reply brief is denied. The clerk of this court shall return, unfiled, appellant's reply brief to Fidelity's answering brief, and stirke the errata to appellant's reply brief filed on May 29, 2008. Appellant's Reply Brief due: 20 days. fn1[Fidelity's countermotion is denied as moot.] Nos. 48725/49461 (08-14918).
06/12/2008Other Returned Unfiled Document. Appellant's Reply Brief to Fidelity's Answering Brief. Nos. 48725/49461.
06/17/2008MotionFiled Motion. 1) Opposition to Countermotion to Strike Appellant's Reply Brief to Fidelity's Answering Brief; and 2) Opposition to Alternative Countermotion to File Supplemental Answering Brief in Excess of Thirty Pages. Nos. 48725/49461. (08-15384)
07/07/2008MotionFiled Motion for Excess Pages. Motion for Leave to File Brief in Excess of Thirty Pages. Nos. 48725/49461 (08-17137).
07/07/2008MotionFiled Motion. Motion for Leave to Republish the Statement of the Facts. Nos. 48725/49461 (08-17138).
07/07/2008MotionFiled Motion. Addendum to Motion for Leave to Republish the Statement of the Facts. Nos. 48725/49461 (08-17140).
07/07/2008BriefReceived Reply Brief. Appellant's Reply Brief to Fidelity's Answering Brief. Nos. 48725/49461 (08-17258). (FILED PER ORDER 09/11/08).
07/14/2008MotionFiled Response to Motion. Opposition to the Forrest Trust's Motion for Leave to Replubish the Statement of the Facts and Alternative Countermotion to File Supplemental Answering Brief. Nos. 48725/49461 (08-18007).
07/14/2008MotionFiled Response to Motion. Opposition to the Forrest Trust's Motion for Leave to File Brief in Excess of Thirty Pages. Nos. 48725/49461 (08-18011).
07/15/2008Notice/IncomingFiled Joinder. -Respondent Christianne Yates' Joinder in Fidelity's: (1) Opposition to the Forrest Trust's Motion for Leave to File Brief in Excess of Thirty Pages; and (2) Opposition to the Forrest Trust's Motion for Leave to Replubish the Statement of the Facts and Alternative Countermotion to File Supplemental Answering Brief. Nos. 48725/49461 (08-18155).
07/22/2008MotionFiled Motion. Motion for Leave to File Reply to Opposition to the Forrest Trust's Motion for Leave to Republish the Statement of Facts. Nos. 48725/49461 (08-18890).
07/22/2008MotionFiled Motion. Motion for Leave to File Reply to Opposition to the Forrest Trust's Motion for Leave to File Brief in Excess of Thirty Pages. Nos. 48725/49461 (08-18891).
07/22/2008MotionFiled Motion. Fidelity's Motion for Leave to File its Amended and Restated Opposition to the Forrest Trust's Motion for Leave to File Brief in Excess of Thirty Pages. Nos. 48715/49461 (08-18893).
07/22/2008MotionReceived Response to Motion. Fidelity's Amended and Restated Opposition to the Forrest Trust's Motion for Leave to File Brief in Excess of Thirty Pages. Nos. 48725/49461 (08-18894). (RETURNED UNFILED PER ORDER 09/11/08).
07/29/2008MotionFiled Response to Motion. Opposition to the Forrest Trust's Motion for Leave to File Reply to Opposition to the Forrest Trust's Motion for Leave to Republish the Statement of Facts. Nos. 48725/49461 (08-19505).
07/29/2008MotionFiled Response to Motion. Opposition to the Forrest Trust's Motion for Leave to File Reply to Opposition to the Forrest Trust's Motion for Leave to File Brief in Excess of Thirty Pages. Nos. 48725/49461 (08-19506).
07/29/2008Notice/IncomingFiled Joinder. Respondent Christianne Yates' Joinder in Fidelity's: (1) Opposition to the Forrest Trust's Motion for Leave to File Reply to Opposition to the Forrest Trust's Motion for Leave to Republish the Statement of Facts.; and (2) Opposition to the Forrest Trust's Motion for Leave to File Reply to Opposition to the Forrest Trust's Motion for Leave to File Brief in Excess of Thirty Pages. Nos. 48725/49461 (08-19508).
09/11/2008Order/ProceduralFiled Order. Appellant shall have ten days from the date of this order to file and serve the republished statement of facts. The clerk shall file the reply brief received on July 7, 2008. Fidelity and Yates shall each have 30 days from the date of this order to file supplemental answering briefs responding only to appellant's republished statement of facts. fn1[In light of the foregoing, appellant's opposed motion for leave to file a reply to Fidelity's opposition to appellant's motion for leave to republish the statement of facts, appellant's opposed motion for leave to file a reply to Fidelity's opposition to appellant's motion for leave to file a brief in excess of 30 pages, and Fidelity's motion for leave to file an amended and restated opposition to appellant's motion to file a reply brief in excess of 30 pages are denied as moot. The clerk shall return Fidelity's amended and restated opposition, received on July 22, 2008, unfiled.] Nos. 48725/49461 (08-23537).
09/11/2008BriefFiled Reply Brief. Appellant's Reply Brief to Fidelity's Answering Brief. Nos. 48725/49461 (08-17258).
09/11/2008Other Returned Unfiled Document. Fidelity's Amended and Restated Opposition to the Forrest Trust's Motion for Leave to File Brief in Excess of Thirty Pages. Nos. 48725/49461 (08-18894).
10/07/2008Notice/OutgoingIssued Letter. To Roger P. Croteau, Esq. and David T. Spurlock, Jr. Esq.. Returning unfiled the duplicate Reply Brief received 9/25/08. (Brief was previously filed on 9/11/08). Nos. 48725/49461 (08-25918)
10/13/2008Notice/IncomingFiled Notice. The Arvis C. and Anna L. Forrest Trust's Republished Statement of the Facts. (In response to order filed 9/11/08). Nos. 48725/49461 (08-26355).
10/14/2008BriefFiled Supplemental Brief. Respondent Christianne Yates' Supplemental Answering Brief. Nos. 48725/49461 (08-26417).
10/14/2008BriefFiled Supplemental Brief. Respondent Fidelity National Title Agency of Nevada, Inc.'s Supplemental Answering Brief. Nos. 48725/49461 (08-26419).
02/24/2009Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 9, 2009 at 10:00 a.m. (SNP09-RP/MD/KP) Nos. 48725/49461. 09-04796
03/05/2009MotionFiled Motion. Motion for Short Continuance of Oral Arguments. Nos. 48725/49461. (09-05618)
03/12/2009Order/ProceduralFiled Order. We grant the motion to reschedule oral argument. We vacate the argument presently scheduled for April 9, 2009 at 10:00 a.m. and direct the clerk of this court to schedule this appeal oral argument before the Southern Nevada Panel on the next available argument date. Nos. 48725/49461 (09-06388).
04/06/2009Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on June 8, 2009 at 10:30 a.m. (SNP09-RP/MD/KP) Nos. 48725/49461. 09-08619
05/26/2009Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 48725/49461. 09-13030
06/08/2009Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP09-RP/MD/KP
09/28/2009Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP09-RP/MD/KP Nos. 48725/49461. 09-23581
10/20/2009Post-Judgment PetitionFiled Petition for Rehearing. Nos. 48725/49461. (09-25633)
10/20/2009Notice/OutgoingIssued Notice to Pay Filing Fee on Rehearing. Due date: 10 days. Nos. 48725/49461. (09-25636)
11/02/2009Filing FeeReceived Filing Fee Paid on Filing. $150 from Roger P. Croteau & Associates, Ltd - check no. 15188. Nos. 48725/49461.
11/03/2009Other Returned Mail. Notice issued 10/20/09 addressed to David T. Spurlock Jr.. Per USPS, "return to sender, attempted not known". No forwarding address. Nos. 48725/49461. (09-26844)
11/25/2009Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). Nos. 48725/49461 (09-28760).
12/11/2009Other Returned Mail. Order filed 11/25/09 addressed to David T. Spurlock Jr.. Per USPS, "return to sender, attempted not known". No forwarding address. Nos. 48725/49461. (09-30119)
12/22/2009RemittiturIssued Remittitur. 09-29902
12/22/2009Case Status Update Remittitur Issued/Case Closed.
01/06/2010Other Returned Mail. Remittitur issued 12/22/09 addressed to David T. Spurlock Jr.. Per USPS, "return to sender, attempted not known". No forwarding address. Nos. 48725/49461. (10-00333)
01/11/2010RemittiturFiled Remittitur. Received by County Clerk on December 29, 2009. 09-29902