| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 02/05/2004 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from James Wray--check no. 2972. | | |
| 02/05/2004 | 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.) | | 04-02294
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| 02/11/2004 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Larry J. Cohen. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 02/20/2004 | Docketing Statement | Filed Docketing Statement. | | 04-03311
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| 02/20/2004 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from David M. Wray--check no. 1474. | | |
| 02/20/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. (David Wray added as appellant.) | | 04-03317
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| 02/25/2004 | Notice/Outgoing | Letter. Larry J. Cohen. (docketing statement) | | |
| 03/15/2004 | Order/Procedural | Filed Order. Removing Appeal from Settlement Program. On February 11, 2004, this appeal was assigned to this court's settlement conference program. On February 20, 2004, this court docketed appellant David Wray's proper person notice of appeal. Accordingly, we remove this appeal from the settlement program. Because appellant David Wray is proceeding in proper person, no documents may be filed in this appeal by David Wray unless otherwise ordered by this court. Appellant James Wray ('appellant') shall have 15 days from the date of this order to comply with NRAP 9(a). Appellant shall have 120 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 04-04781
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| 03/22/2004 | Transcript Request | Filed Certificate of No Transcript Request. | | 04-05361
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| 04/19/2004 | Other | Disqualification of Justice Douglas. Sat in district court proceedings. | | |
| 05/27/2004 | Brief | Filed Opening Brief. | | 04-09784
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| 05/27/2004 | Appendix | Filed Appendix to Opening Brief. Appellant James Wray's Appendix. Vols. 1 through 4. | | 04-09785
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| 05/27/2004 | Notice/Incoming | Filed Proof of Service. - Certificate of Service of Appellant James Wray's Appendix. | | 04-09786
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| 06/10/2004 | Order/Procedural | Filed Order. Order Dismissing Appeal as to David Wray. Appellant James Wray, a Nevada attorney representing himself, filed a timely notice of appeal on February 2, 2004. Appellant David Wray, who is not represented by counsel, filed a proper person notice of appeal on February 17, 2004. Both notices of appeal designate the December 29, 2003 and January 28, 2004 orders. Our review of the documentation before us reveals two jurisdictional defects. First, an order denying a motion for reconsideration is not appealable. Therefore, we lack jurisdiction over that portion of appellants' appeals. Second, David Wray's proper person notice of appeal is untimely. Accordingly, we dismiss David Wray's appeal, and we limit James Wray's appeal to the December 29, 2003 order denying the petition to interpret the trust. | | 04-10746
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| 06/15/2004 | Motion | Filed Motion. Motion that the Nevada Supreme Court Vacate Its Incorrect Order Filed June 10, 2004, or, in the Alternative, Petition for Rehearing. | | 04-11005
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| 06/17/2004 | Motion | Filed Motion. Amended Motion that the Nevada Supreme Court Vacate its Incorrect Order filed June 10, 2004 or, in the Alternative, Petition for Rehearing. | | 04-11095
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| 06/25/2004 | Motion | Filed Motion and Order Extending Time. Brief due: July 28, 2004. | | 04-11652
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| 06/28/2004 | Motion | Filed Response to Motion. Respondent's Response to Amended Motion that the Nevada Supreme Court Vacate its Incorrect Order filed June 10, 2004 or, in the alternative Petition for Rehearing. | | 04-11803
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| 06/29/2004 | Motion | Filed Response to Motion. Response to Motion to Extend Time to file Answering Brief and Motion that the Nevada Supreme Court correct its incorrect and Bias Appeal Caption. | | 04-11989
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| 06/30/2004 | Motion | Filed Motion for Permission to File Document. Motion Seeking Permission to file a Reply to Respondent's Response to Amended Motion that the Nevada Supreme Court Vacate its Incorrect Order filed June 10, 2004 or, in the Alternative Petition for Rehearing.
08/18/04 Order: detached and filed the proposed reply attached to James Wray's motion. | | 04-12054
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| 07/13/2004 | Notice/Incoming | Filed Errata. Errata to the Opening Brief and to Corresponding Error in Appellant's Appendix. | | 04-12761
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| 07/28/2004 | Brief | Filed Answering Brief. | | 04-13712
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| 08/18/2004 | Order/Procedural | Filed Order. Denying James Wray's Motion for Rehearing and Reinstating David Wray's Appeal. On June 10, 2004, we dismissed the portion of this appeal from the district court's order denying reconsideration, and dismissed David Wray's appeal as untimely. Appellant James Wray has moved for reconsideration of our order under NRAP 27. fn1[As we do not construe James Wray's motion as a rehearing petition, no filing fee is due. See NRAP 40(b)(4). Respondent has filed an opposition to the motion. We grant James Wray's June 30, 2004 motion to file a reply, and direct the clerk of this court to detach and file the proposed reply attached to James Wray's motion. We have considered the reply in reaching our conclusions.] James Wray contends that the district court's order denying his motion for reconsideration is appealable under Whitehead v. Norman Kaye Real Estate, decided in 1964. Any suggestion in Whitehead, that one may appeal from an order denying reconsideration, was merely dictum. We have since expressly held, in Alvis v. State, Gaming Control Board, that an order denying reconsideration is not appealable. Accordingly, we deny James Wray's motion. Our June 10, 2004 order also dismissed David Wray's appeal as untimely filed. Upon further review, however, we conclude that David Wray's notice of appeal was timely filed under NRAP 4(a)(1), which allows any other party to appeal within fourteen days from the date that the first notice of appeal was served. fn5[David Wray submitted a motion for leave to file documents in proper person under NRPA 46(b), and a motion for joinder in James Wray's reconsideration motion. We grant David Wray's motion under NRAP 46(b) for the limited purpose of filing the joinder, and we direct the clerk of this court to file the documents received from David Wray on June 24, 2002.] Accordingly, we reinstate David Wray's appeal. | | 04-14912
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| 08/18/2004 | Motion | Filed Proper Person Motion. Motion for Leave to file Documents in Proper Person and Motion: Joinder/
adoption. | | 04-11560
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| 08/18/2004 | Motion | Filed Reply to Response. Reply to Respondent's Response to Amended Motion that The Nevada Supreme Court Vacate its Incorrect Order Filed June 10, 2004 or, in the Alternative Petition for Rehearing. | | 04-14913
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| 08/20/2004 | Brief | Filed Reply Brief. | | 04-15089
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| 08/24/2004 | Notice/Incoming | Filed Notice. Notice that the Nevada Supreme Court Has Not Yet Addressed Appellant's Totally Unopposed Motion that the Nevada Supreme Court Correct its Incorrect and Bias Appeal Caption. | | 04-15316
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| 08/24/2004 | Motion | Filed Motion. Motion that the Nevada Supreme Court Correct its Order Filed August 18, 2004 or in the Alternative, Petition for Rehearing. | | 04-15317
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| 08/31/2004 | Motion | Filed Response to Motion. Respondent's Response to Motion that the Nevada Supreme Court Correct its Order Filed August 18, 2004 or in the Alternative, Petition for Rehearing. | | 04-15812
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| 09/02/2004 | Motion | Filed Motion. Motion seeking permission to file a Reply to Respondent's Response to Motion that the Nevada Supreme Court Vacate its Incorrect Order filed August 18, 2004 or, in the alternative Petition for Rehearing. | | 04-16011
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| 09/07/2004 | Motion | Filed Motion. Amended Motion Seeking Permission to file a Reply to Respondent's Response to Motion that the Nevada Supreme Court Correct its Incorrect Order filed August 18, 2004 or, in the alternative Petition for Rehearing. | | 04-16324
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| 09/10/2004 | Notice/Incoming | Filed Notice. Notice of the Availability of and Production of a CD containing: Scans of the Case Documents. | | 04-16642
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| 01/10/2005 | Order/Procedural | Filed Order. Denying Motion for Rehearing and Motion to Amend Caption. On June 10, 2004, this court concluded that it lacked jurisdiction over the portion of the appeal from the order denying the motion for reconsideration, and limited the appeal to the order interpreting the trust. James Wray moved for rehearing of this court's decision on the jurisdictional issue. On August 18, 2004, this court denied James Wray's motion, again concluding that an order denying a motion for reconsideration is not appealable. On August 24, 2004, James Wray filed the instant motion for rehearing, which challenges this court's decision that the district court's order denying rehearing was not appealable. fn1[Respondent David Johnson filed an opposition to the motion, and James Wray has moved for permission to file a reply. We deny James Wray's motion to file a reply.] While James Wray acknowledges that an order denying rehearing is not appealable as a special order made after final judgment, he argues that a post-judgment order denying a motion for reconsideration may be challenged in a timely appeal from the final judgment. We conclude that James Wray's argument is without merit. While this court has held that it may review interlocutory orders on appeal from the final judgment, this holding does not extend to reviewing post-judgment orders that are otherwise unappealable. Accordingly, we deny James Wray's motion for rehearing. Further, having considered James Wray's August 24, 2004 motion to modify the caption, we deny that motion as well. | | 05-00459
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| 01/19/2005 | Motion | Filed Motion. Motion that the Nevada Supreme Court Correct Its Corrupt Order Filed January 10, 2005 or, in the alternative, Petition for Rehearing. | | 05-01202
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| 01/25/2005 | Motion | Filed Response to Motion. Respondent's Response to Motion that the Nevada Supreme Court Correct Its Corrupt Order Filed January 10, 2005 or, in the alternative, Petition for Rehearing. | | 05-01546
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| 01/31/2005 | Motion | Filed Motion for Permission to File Document. Motion Seeking Permission to File a Reply to Respondent's Response to Motion that the Nevada Supreme Court Correct its Corrupt Order filed January 10, 2005 or, in the alternative, Petition for Rehearing. | | 05-02003
|
| 04/05/2005 | Order/Procedural | Filed Order Denying Motion. for Rehearing and Motion to Amend Caption. On January 19, 2005, James Wray filed the instant third motion for rehearing. Respondent David Johnson filed a response to the motion. fn4[On January 31, 2005, James Wray moved for permission to file a reply to David Johnson's response. We deny James Wray's motion.] He makes the same argument that he set forth in his second motion. We have already rejected that argument and will not consider it again. We deny James Wray's request to amend the caption. We advise James Wray that we have thoroughly considered and rejected the arguments raised in his three motions for rehearing, and we caution that further identical argument on these issues may warrant the imposition of sanctions. | | 05-06619
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| 10/17/2005 | Order/Procedural | Filed Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. | | 05-20441
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| 10/17/2005 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH | | |
| 12/21/2005 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP06-WM/MG/JH | | 05-24878
|
| 12/29/2005 | Filing Fee | Received Filing Fee Paid on Filing. $150 from James Wray--check no. 3527. | | |
| 12/29/2005 | Post-Judgment Petition | Filed Petition for Rehearing. Petition for Rehearing of Appellant James Wray. | | 05-25374
|
| 01/04/2006 | Post-Judgment Petition | Filed Petition for Rehearing. Amended Petition for Rehearing of Appellant James Wray. | | 06-00211
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| 01/12/2006 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP06-WM/MG/JH | | 06-00830
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| 01/18/2006 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. Petition for En Banc Reconsideration of Appellant James Wray. | | 06-01219
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| 01/25/2006 | Order/Procedural | Filed Order. On January 23, 2006, appellant David Wray filed a motion for leave to file papers in proper person. We grant David Wray's motion for the limited purpose of filing the attached document. The clerk shall detach and file the 'Motion: Joinder/Adoption,' from the January 23, 2006, filing. This court will treat David Wray's Motion as a joinder in the petition for en banc reconsideration filed on January 18, 2006. fn1[We deny the January 12, 2006, proper person motion as moot.] | | 06-01837
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| 01/25/2006 | Motion | Filed Motion. Motion: Joinder/Adoption. Joinder in the petition for en banc reconsideration filed on January 18, 2006. | | 06-01838
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| 01/31/2006 | Motion | Filed Motion for Stay. Expedited Motion for a Stay of Remittitur. | | 06-02291
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| 02/01/2006 | Post-Judgment Order | Filed Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." fn1[The Honorable Michael L. Douglas, Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC | | 06-02371
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| 02/07/2006 | Order/Procedural | Filed Order Denying Motion. to Stay Remittitur. Wray has filed a motion to stay issuance of the remittitur. No good cause appearing, we deny Wray's motion. The clerk shall forthwith issue the remittitur. | | 06-02693
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| 02/07/2006 | Remittitur | Issued Remittitur. | | 06-01343
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| 02/07/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 03/02/2006 | Remittitur | Filed Remittitur. Received by County Clerk on February 9, 2006. | | 06-01343
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| 03/27/2006 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed on March 7, 2006 and placed on the docket March 20, 2006 as Case No. 05-1197. | | 06-06402
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| 05/23/2006 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. | | 06-10816
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