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United States Court Cases

Nevada Supreme/Appellate Court Record

JACK WHITE CUSTOM HOMES VS. BURRIDGE C/W 47612

Case Information: 46662
Short Caption:JACK WHITE CUSTOM HOMES VS. BURRIDGE C/W 47612Court:Supreme Court
Consolidated:46662*, 47612 Related Case(s): 45323 , 47612 , 49697
Lower Court Case(s):Douglas Co. - Ninth Judicial District - 03CV0168Classification:Civil Appeal - General - Other
Disqualifications:GibbonsCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:02/06/2006 / King, PatrickSP Status:Completed
Oral Argument:05/05/2008 at 11:30 AMOral Argument Location:Carson City
Submission Date:05/05/2008How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/26/2006Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Sullivan Law Offices--check no. 8142.
01/26/2006Notice 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.) 06-01901
01/26/2006OtherDisqualification of Justice Gibbons.
02/06/2006Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Patrick O. King. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/08/2006Filing FeeReceived Filing Fee Paid on Filing. $250.00 on cross-appeal from Law Office of Kelly R. Chase--check no. 3109.
02/08/2006Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 06-02845
02/09/2006Notice/Outgoing Letter. Patrick O. King (Notice of Cross Appeal).
02/13/2006Docketing StatementFiled Docketing Statement. (Appellant/Cross-Respondent) 06-03090
02/15/2006Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 06-03365
02/16/2006Notice/IncomingFiled Proof of Service. Amended Certificate of Service. 06-03561
05/04/2006Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 06-09371
05/12/2006Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. Appellants/cross-respondents and respondents/cross-appellants shall each have15 days to comply with NRAP 9(a). Appellants/cross-respondents: 90 days to file and serve opening brief and appendix. 06-10011
05/31/2006Transcript RequestFiled Request for Transcript of Proceedings. Appellants/Cross-Respondents. Transcripts requested: 06/29/05 thorugh 10/06/05. To Court Reporter: Joan Wilder. 06-11398
06/08/2006Notice/OutgoingIssued Notice to Request Transcripts. Respondents/Cross-Appellants.
06/14/2006Transcript RequestFiled Certificate of No Transcript Request. Request for Transcript of Proceedings. (Respondents/Cross-Appellants concur with Plaintiffs' Request for Transcript of Proceedings.) 06-12419
06/29/2006MotionFiled Motion to Extend Time. 06-13404
07/27/2006Order/Clerk'sFiled Clerk's Order Granting Motion. Transcripts due: August 15, 2006. 06-15589
08/02/2006MotionFiled Stipulation. 06-16075
08/04/2006Order/ProceduralFiled Order Granting Motion. Opening Brief due: October 9, 2006. No further extensions absent extreme and unforeseeable circumstances. 06-16169
08/18/2006TranscriptFiled Transcript. Proceedings: 06/29/05, 06/30/06, 07/01/05 (2), 07/06/06, 07/07/05, 07/13/05, 07/14/05, 08/17/05, 08/18/05, 08/19/05, 08/23/05, 08/24/05, 08/25/05, 08/26/05, 08/31/05, 09/15/05, 09/16/05, 10/03/06, and 10/06/06. Court Reporter: Joan Wilder. 06-17264
09/19/2006MotionFiled Motion and Order/Excess Pages. Appellants' Motion for Permission to File Opening Brief in excess of 30 Pages - NRAP 28(g). Granted: 50 pages. 06-19246
10/09/2006AppendixFiled Appendix to Opening Brief. Vols. 1 through 5. STRIKEN PER ORDER OF 11/16/06 06-20663
10/10/2006BriefFiled Opening Brief. 06-20718
10/11/2006Notice/IncomingFiled Errata. Table of Contents and Table of Authorities for Appellants' Opening Brief. 06-20863
10/12/2006MotionFiled Motion. Motions for Extension of Time; To Compel Appellant to File a Proper Appendix; and for Sanctions. 06-20947
10/17/2006Notice/IncomingFiled Errata. Errata to Motions for Extension of Time: to Compel Appellant to file a Proper Appendix; and for Sanctions. 06-21311
10/20/2006MotionFiled Stipulation. Stipulation to File Amended Appendix and for Extension of Time for Respondent's Brief; Withdrawal of Motions to Compel and Sanctions upon Order of Extension. 06-21650
10/24/2006AppendixFiled Appendix to Opening Brief. Appellant's Amended Appendix. Vols. 1 through 5. 06-21856
11/16/2006Order/ProceduralFiled Order/Stipulation Approved. The clerk shall strike the Appendix, Volumes 1-6, received on October 9, 2006. fn2[Volume 6 of the appendix filed on October 9, 2006, is a cylindrical tube containing maps. In the event appellant determines that the maps are relevant and necessary exhibits, appellant may file a motion for an order direct the district court clerk to transmit the original exhibits.] Burridge shall have 30 days from the date of this order to file and serve their combined answering brief on appeal and opening brief on cross-appeal. Briefing shall proceed in accordance with our May 12, 2006, order. This court will take no action with respect to Burridge's motion to compel and for sanctions. 06-23513
11/16/2006Other Other. Returned Volume 6 of the appendix (a cylindrical tube containing maps) filed on October 9, 2006, to the Sullivan Law Offices.
12/08/2006MotionFiled Motion. Joint Motion/Stipulation to File Amended Volume 6 of Appellant's Appendix on Appeal. 06-25145
12/19/2006BriefReceived Answering Brief. Respondent/Cross-Appellant. Called counsel for motion to exceed page limit. 06-25847
12/19/2006AppendixReceived Appendix. Appendix to Answering Brief. Respondent/Cross-Appellant. 06-25848
12/19/2006MotionFiled Motion for Excess Pages. Respondent's Motion for Filing Combined Opening and Answering Brief in Excess of Thirty Pages. 06-25942
12/29/2006Order/ProceduralFiled Order Granting Motion. Within 5 days from the date of this order, appellants shall re-file the cylindrical tube that was Volume 6 of the stricken appendix as Volume 6 of the amended appendix. 06-26635
01/03/2007AppendixFiled Appendix to Opening Brief. Appellants' Amended Appendix, Vol. 6 (Cylindrical Tube). 07-00108
01/05/2007Order/ProceduralFiled Order. Filing Brief. The clerk shall file the 48-page brief and appendix received on December 19, 2006. Appellants shall have 30 days from the date of this order to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondents shall have 30 days from service of appellants' combined brief to file and serve a reply brief on cross-appeal. 07-00322
01/05/2007BriefFiled Answering Brief. Respondents/Cross-Appellants. 06-25847
01/05/2007AppendixFiled Appendix to Answering Brief. 06-25848
01/09/2007MotionFiled Motion and Order Extending Time. Brief due: 2/14/07. 07-00654
01/09/2007MotionFiled Motion and Order/Excess Pages. Granted: 50 pages. 07-00655
02/12/2007MotionFiled Motion to Extend Time. Appellants' Second Motion for Extension of Time to File Reply/Answering Brief and Supporting Declaration of Gene M. Kaufmann. 07-03495
02/14/2007MotionFiled Motion to Extend Time. Supplement to Appellants' Second Motion for Extension of Time to File Reply/Answering Brief and Supporting Supplemental Declaration of Gene M. Kaufman. 07-03603
02/22/2007BriefReceived Reply Brief. Appellants/Cross-Respondents. 07-04303
02/26/2007Order/Clerk'sFiled Clerk's Order Granting Motion. The clerk shall file the brief received on February 22, 2007. Respondents/cross-appellants shall have 30 days from the date of this order to file and serve a reply brief on cross-appeal. 07-04471
02/26/2007BriefFiled Reply Brief. Appellants/Cross-Respondents. 07-04303
02/26/2007AppendixFiled Appendix to Reply Brief. Appellants/Cross-Respondents. 07-04304
03/20/2007MotionFiled Motion and Order Extending Time. Brief due: April 25, 2007. 07-06392
04/19/2007BriefFiled Reply Brief on Cross-Appeal. 07-08818
07/05/2007Order/ProceduralFiled Order/Consolidation. Nos. 46662/47612. 07-14654
07/06/2007MotionFiled Motion to Consolidate. Nos. 46662/47612/49697. (46662 and 47612 are already consolidated). 07-14743
07/11/2007MotionFiled Response to Motion. Opposition to Motion for Consolidation of Appeals. Nos. 46662/47612/49697. (46662/47612 are already consolidated (07-15084)). 07-15084
08/01/2007Order/ProceduralFiled Order. We deny the motion to consolidate Docket No. 49697 with Docket Nos. 46662 and 47612. This denial is without prejudice to White's right to renew such a motion upon completion of briefing in Docket No. 49697, if White considers such a motion appropriate at that time. Nos. 46662/47612 - 49697 not consolidated. 07-16889
12/03/2007Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 10, 2008 at 9:00 a.m. (NNP08-WM/MC/NS) (Nos. 46662/47612) 07-25977
12/26/2007Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 46662/47612) 07-28052
01/08/2008Order/ProceduralFiled Order Vacating Argument and Rescheduling. We hereby vacate the oral argument presently scheduled for January 10, 2008, at 9:00 a.m., and direct the clerk of this court to schedule these consolidated appeals for oral argument before the en banc court on the next available calendar. Argument shall be limited to 30 minutes. Nos. 46662/47612 08-00454
03/25/2008Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on May 5, 2008 at 11:30 a.m. Nos. 46662/476912. (En Banc) 08-07245
04/11/2008MotionFiled Motion. Motion to Supplement Record on Appeal (NRAP 27) Declaration of Norm Denny and Supporting Exhibits. Nos. 46662/47612. --NOTE: Declaration of Norm Denny and Supporting Exhibits STRICKEN per 04/22/08 order.-- 08-09053
04/15/2008Notice/IncomingFiled Proof of Service. - Amended Proof of Service of Motion to Supplement Record on Appeal (NRAP 27) Declaration of Norm Denny and Supporting Exhibits. Nos. 46662/47612. 08-09327
04/21/2008Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 46662/47612. (08-09815) 08-09815
04/21/2008MotionFiled Response to Motion. Respondents' Opposition to Appellant's "Motion to Supplement Record on Appeal (NRAP 27)." Nos. 46662/47612. 08-09924
04/22/2008Order/ProceduralFiled Order. Because appellants are attempting to supplement the record on appeal with information and documents that were not part of the trial court record, we deny the motion. According, the clerk shall strike the 'Declaration' attached to the motion along with all the exhibits thereto. Nos. 46662/47612 [08-09982] 08-09982
04/24/2008Order/ProceduralFiled Order. Honorable Deborah A. Agosti, Senior Justice, in place of Chief Justice Gibbons for oral argument scheduled for May 5, 2008, at 11:30 a.m. Nos. 46662/47612. (08-10244) 08-10244
05/05/2008Case Status Update Submitted for Decision.
05/05/2008Notice/OutgoingIssued Letter. to Douglas County Clerk regarding Plaintiff's Exhibit 61. Nos. 46662/47612 (08-11144). 08-11144
05/09/2008ExhibitFiled Exhibits (copies). Exhibit: Plaintiff's Exhibit 61. 08-11686
09/16/2008Order/DispositionalFiled Order Affirming in Part, Reversing in Part and Remanding. "We therefore reverse that portion of the district court's judgment relating to the attic and repair costs and remand these matters with instructions to the district court and we affirm in all other respects. We remand this matter to the district court for further proceedings consistent with this order." fn1[The Honorable Mark Gibbons, Chief Justice, voluntarily recused himself from participation in the decision of this matter.] fn8[The Honorable Deborah A. Agosti, Senior Justice, participated in the decision of this matter under a general order of assignment.] EN BANC-JH/RP/MD/MC/NS/DA/WM Maupin, J., concurring. Nos. 46662/47612. 08-23937
09/24/2008MotionFiled Motion. Appellants' Motion for Permission to File Petition for Rehearing in Excess of 10 Pages - NRAP 40(b) (3). Nos. 46662/47612. 08-24748
10/03/2008Post-Judgment PetitionFiled Petition for Rehearing. Respondents/Cross-Appellants' Petition for Rehearing. Nos. 46662/47612. 08-25624
10/03/2008Notice/OutgoingIssued Notice to Pay Filing Fee on Rehearing. Due date: 10 days. Nos. 46662/47612. Respondent/Cross-Appellant. 08-25685
10/06/2008Order/ProceduralFiled Order. Granting Motion. Appellants shall have 10 days from the date of this order to file and serve a petition for rehearing not to exceed 35 pages. Nos. 46662/47612. 08-25697
10/06/2008Filing FeeReceived Filing Fee Paid on Filing. $150 from Sullivan Law Offices - check no. 10524. Nos. 46662/47612.
10/06/2008Post-Judgment PetitionFiled Petition for Rehearing. Submitted by J.D. Sullivan. Nos. 46662/47612. 08-25826
10/08/2008Filing FeeReceived Filing Fee Paid on Filing. $150 from Law Office of Kelly R. Chase-check no. 3947. Nos. 46662/47612.
12/08/2008Post-Judgment OrderFiled Order/Rehearing Granted. in Part. We are also filing an Amended Order Affirming in Part, Reversing in Part, and Remanding that sets forth our entire resolution of these matters. Nos. 46662/47612. 08-31146
12/08/2008Order/DispositionalFiled Dispositional Order/Appeal. "We therefore reverse that portion of the district court's judgment relating to the attic and repair costs and remand these matters with instructions to the district court to grant the credit of $61,500 and retry the attic and repair costs. We affirm the judgment of the district court in all other respects. We remand this matter to the district court for further proceedings consistent with this order." Fn1 [The Honorable Mark Gibbons, Chief Justice, voluntarily recused himself from participation in the decision of this matter. Fn9 [The Honorable Deborah A. Agosti, Senior Justice, participated in the decision of this matter under a general order of assignment.] EN BANC-WM/JH/RP/MD/MC/NS/DA. Nos. 46662/47612. 08-31145
01/02/2009RemittiturIssued Remittitur. Returned Exhibit: Plaintiff's Exhibit 61 this day. 09-00004
01/02/2009Case Status Update Remittitur Issued/Case Closed.
01/13/2009RemittiturFiled Remittitur. Received by County Clerk on January 9, 2009. 09-00004