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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 33387
Short Caption:LESSER VS. DAVIESCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A348704Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:12/07/1998 / Marks, DanielSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:10/09/2000How Submitted:On Briefs

+ Party Information

Docket Entries
11/23/1998Filing Fee Filing Fee due.
11/23/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 98-00157
12/07/1998Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Daniel Marks. (Briefing and preparation of transcripts suspended pending further order of this court.)
12/08/1998Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
12/08/1998Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
12/30/1998Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: December 28, 1998. 98-00560
12/30/1998Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Kirk T. Kennedy-check no. 4933.
01/19/1999Order/ProceduralFiled Order. Appellant shall within 10 days of the date of this order, file and serve the docketing statement or show cause why sanctions should not be imposed against counsel for appellant. 99-00331
02/01/1999Docketing StatementFiled Docketing Statement. (Mailed on: 1/29/99). 99-00681
09/02/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: September 1, 1999. 99-08269
09/20/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-08915
10/29/1999Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Appellant: 15 days to comply with NRAP 9(a); 120 days to file opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 99-10610
01/07/2000Order/ProceduralFiled Order. Appellant shall, within 10 days of the date of this order, file and serve a transcript request form or a certificate of no transcript request or show cause why this appeal should not be dismissed as abandoned. 00-00300
01/14/2000Transcript RequestFiled Certificate of No Transcript Request. 00-00658
03/20/2000Order/ProceduralFiled Order/Show Cause. Appellant shall, within 15 days of the date of this order, file and serve the opening brief and appendix or show cause why this appeal should not be dismissed as abandoned. Respondent shall, within 30 days of service of the opening brief, file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 00-04359
04/05/2000BriefFiled Opening Brief. Mailed on: No postmark. 00-05483
04/05/2000AppendixFiled Appendix to Opening Brief. 00-05484
05/03/2000BriefFiled Answering Brief. Mailed on: Fed Ex 5/2/00. 00-07211
05/03/2000AppendixFiled Appendix to Answering Brief. 00-07212
08/03/2000Order/ProceduralFiled Order. Oral argument will not be scheduled and this appeal shall stand submitted as of the date of this order, on the record and briefs filed herein. 00-13429
08/03/2000Case Status Update Submitted for Decision.
10/09/2000Case Status Update Resubmitted for Decision. Panel: SNP00A-1-CY/RR/NB.
12/11/2000Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. We conclude the district court exceeded its statutory authority in awarding Davies $20,000.00 in attorney's fees. " . . . we reverse the order of the district court and remand this matter to the district court to reconsider the attorney's fees and costs award in light of the Beattie factors and for further proceedings consistent with this order." fn1[The figure includes $875.00 in fees incurred on june 19, 1998, the same dat the offer of judgment was made.] fn2[We note that Lesser's counsel, Mr. Kirk Kennedy, failed to provide a single citation to the appendix in his statement of facts. Because he violated NRAP 28(e), Mr. Kennedy is ordered to pay the sum of $100.00 to the Nevada Supreme Court Law Library within fourteen days of the date of this order. He shall submit proof of payment to the court clerk within twenty-one days of the payment date.] SNP00A-1-RR/CY/NB 00-21561
01/08/2001RemittiturIssued Remittitur. 00-21805
01/08/2001Case Status Update Remittitur Issued/Case Closed.
02/20/2001RemittiturFiled Remittitur. Received by County Clerk on January 11, 2001. 00-21805
04/11/2001Order/CounselFiled Order/Sanctions. To date, attorney Kennedy has failed to comply with our December 11, 2000, order. Attorney Kennedy shall have 10 days from the date of this order to personally pay the sum of $100 to the Nevada Supreme Court Law Library and submit proof of such payment with the clerk of this court. Failure to comply timely with this order may result in the imposition of additional sanctions, including, but not limited to, referral to the State Bar of Nevada for investigation. 01-06234
04/20/2001Notice/IncomingFiled Notice. Response to Order of April 11, 2001. (Proof of payment of sanction.) 01-06760