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United States Court Cases

Nevada Supreme/Appellate Court Record

NEVAREZ VS. NEVAREZ

Case Information: 40818
Short Caption:NEVAREZ VS. NEVAREZCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D280587Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/31/2003 / Johns, AlanSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:06/08/2004How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/24/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Offices of Bradley J. Hofland--check no. 4152.
01/24/2003Notice 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.) 03-01325
01/31/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Alan R. Johns. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/07/2003Docketing StatementFiled Docketing Statement. 03-02223
02/13/2003Notice/Outgoing Letter. Alan R. Johns. (Docketing statement)
06/04/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-09377
06/11/2003Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 03-09714
06/26/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: October 17, 2002. To Court Reporter: Transcript Video Service. 03-10676
07/28/2003TranscriptFiled Transcript. Proceedings: October 17, 2002, Vols. 1 and 2. Court Reporter: Kristin Hicks. 03-12689
10/14/2003BriefFiled Opening Brief. 03-17077
10/14/2003AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. 03-17078
11/12/2003MotionFiled Motion to Extend Time. Motion for Extension of Time in which to File Respondent's Appeal Brief. 03-18884
11/21/2003Notice/IncomingFiled Substitution of Attorneys. Frank J. Toti in the place and stead of Doris E. Nehme as counsel for respondent. 03-19447
11/25/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed November 12, 2003. Respondent shall have until December 15, 2003, to file and serve the answering brief. 03-19640
12/16/2003BriefFiled Answering Brief. 12/22/03 ORDER: BRIEF STRICKEN. 03-20874
12/22/2003Order/ProceduralFiled Order. Striking Answering Brief. Respondent has used a font size smaller than that permitted under the Nevada Rules of Appellate Procedure. See NRAP 32(a). The clerk shall strike respondent's answering brief. Respondent shall have 15 days from the date of this order to file and serve an amended answering brief that complies with the Nevada Rules of Appellate Procedure. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 03-21194
12/26/2003Notice/IncomingFiled Notice. Appellant's Notice of Motion and Motion for Confession of Error Pursuant to NRAP 31 C. 03-21472
12/29/2003BriefReceived Reply Brief. 03-21590
12/31/2003BriefFiled Answering Brief. Respondent's Amended Answering Brief. 03-21707
12/31/2003BriefFiled Reply Brief. 03-21590
01/20/2004Order/ProceduralFiled Order Denying Motion. On December 31, 2003, respondent filed an amended answering brief that complies with the Nevada Rules of Appellate Procedure. Appellant has filed a motion for a confession of error pursuant to NRAP 31(c). In support of the motion, appellant contends that the answering brief filed on December 16, 2003, was untimely and thus this court should treat the failure to file a timely answering brief as a confession of error pursuant to NRAP 31(c). As noted, the answering brief filed on December 16, 2003, was timely filed. Accordingly, we deny appellant's motion. On November 21, 2003, attorney Frank J. Toti filed a notice of substitution of attorney for respondent. That notice was not accompanied by proof of service. We remind counsel, for future reference, that all papers filed with this court shall be served on all other parties to the appeal and shall be accompanied by proof of service. See NRAP 25(1)(b) and (d). 04-01059
06/08/2004Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 04-10530
06/08/2004Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP04-NB/DA/MG
09/03/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." Agosti, J. and Gibbons, J. Becker, J., concurring in part and dissenting in part. NNP04-NB/DA/MG 04-16101
09/29/2004RemittiturIssued Remittitur. 04-16394
09/29/2004Case Status Update Remittitur Issued/Case Closed.
10/11/2004RemittiturFiled Remittitur. Received by County Clerk on October 1, 2004. 04-16394