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United States Court Cases

Nevada Supreme/Appellate Court Record

WANLEY VS. WELTY

Case Information: 42867
Short Caption:WANLEY VS. WELTYCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0201242Classification:Civil Appeal - General - Other
Disqualifications:HardestyCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/10/2004 / Eisenberg, RobertSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:12/22/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/02/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Law Office of Stephen H. Osborne Ltd.--check no. 3724.
03/02/2004Notice 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.) 04-03944
03/10/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Robert Eisenberg. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/17/2004Docketing StatementFiled Docketing Statement. 04-05035
03/17/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Law Offices of Robert F. Enzenberger--check no. 3568.
03/17/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 04-05049
03/19/2004Notice/Outgoing Letter. Robert Eisenberg. (docketing statement)
03/22/2004Docketing StatementFiled Response to Docketing Statement. 04-05314
03/23/2004Notice/Outgoing Letter. Robert Eisenberg. (notice of cross-appeal)
03/30/2004Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 04-05934
04/02/2004Notice/IncomingFiled Proof of Service. (Response to Appellant's Docketing Statement and Docketing Statement Civil Appeals.) 04-06133
04/12/2004Notice/IncomingFiled Proof of Service. of docketing statement on settlement judge. 04-06719
04/29/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-07871
05/17/2004Settlement 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 (appellants) and respondent/ cross- appellant (respondent) shall each have 15 days from the date of this order to comply with NRAP 9(a). Appellants shall have 120 days from the date of this order to file and serve the opening brief and appendix on appeal. Respondent shall have 30 days from service of appellants' opening brief to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellants shall have 30 days from service of respondent's combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Finally, respondent shall have 30 days from service of appellants' combined brief to file and serve a reply brief on cross-appeal, if deemed necessary. 04-09170
05/25/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: December 9-12, 2003. To Court Reporter: Molezzo Reporters. 04-09608
06/01/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: December 2, 8-11, 2003. To Court Reporter: Molezzo Reporters. 04-10030
06/07/2004TranscriptFiled Transcript. Proceedings: 12/02/03. Court Reporter: Evelyn J. Stubbs 04-10419
06/09/2004TranscriptFiled Transcript. Proceedings: 12/11/03. Court Reporter: Marcia Ferrell. 04-10698
06/10/2004TranscriptFiled Transcript. Proceedings: 12/9/03. Court Reporter: Christina Herbert. 04-10744
06/18/2004TranscriptFiled Transcript. Proceedings: December 10, 2003. Court Reporter: Gail West-Willsey. 04-11189
06/22/2004Order/ProceduralFiled Order/Show Cause. Welty shall have 30 days from the date of this order to show cause why his cross-appeal should not be dismissed for lack of jurisdiction. The preparation of transcripts and the briefing schedule in this appeal and cross-appeal shall be suspended pending further order of this court. Appellants/Cross-respondents may file any reply within 10 days form the date that Welty's response is served. 04-11373
06/28/2004Other Returned Mail. Order filed 06/22/04 addressed to Molezzo Reporters remailed to corrected address.
06/29/2004Notice/IncomingFiled Notice of Association of Counsel. Nancy F. Gilbert of Angius & Terry as co-counsel for respondent/cross-appellant Welty. 04-11996
07/01/2004Notice/IncomingFiled Proof of Service. (Association of Counsel). 04-12135
08/20/2004TranscriptFiled Transcript. Proceedings: 12/02/03. Court Reporter: Evelyn J. Stubbs. 04-15127
09/14/2004MotionFiled Stipulation. 04-16860
09/17/2004Order/Clerk'sFiled Clerk's Order. Disapproving Stipulation. On June 22, 2004, this court entered an order that suspended the briefing schedule in this appeal and cross-appeal pending further order of this court. In light of that order, the stipulation for an extension of time until November 1, 2004, to file the opening brief is disapproved as moot. 04-17236
09/21/2004Order/ProceduralFiled Case Processing Order. When our preliminary review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(e) revealed a potential jurisdictional defect in the cross-appeal, we ordered respondent/cross-appellant John Lee Welty to show cause within thirty days why his cross-appeal should not be dismissed. Welty has failed to respond in any way to our show cause order, and his response is long overdue. NRAP 3A(a) allows an appeal only by a party who is aggrieved by a judgment. In this case, Welty prevailed at trial; thus, he is not an aggrieved party. As Welty is not an aggrieved party with standing to appeal, we lack jurisdiction over his cross-appeal. Conversely, because appellants Susan and Jeremy Wanley properly perfected their appeal from the judgment on the jury verdict, we have jurisdiction over their appeal. We reinstate the preparation of transcripts and the briefing schedule in this appeal. Within thirty days, Molezzo Reporters shall file the requested transcript of proceedings for December 8, 2003, fn4[It appears that a partial transcript of the district court's December 8, 2003 proceedings was filed in the district court. In the event appellant intends to cite in the opening brief to transcripts that were prepared and filed in the district court prior to the docketing of this appeal, appellant should include copies of the previously prepared transcripts in the appendix to the opening brief. See NRAP 10(b); NRAP 30(b).] and fulfill any other outstanding requests for transcripts. The Wanleys 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). For the reasons stated above, we dismiss Welty's cross-appeal. 04-17443
10/20/2004TranscriptFiled Transcript. Proceedings: December 11, 2003. Court Reporter: Marica Ferrell. 04-19385
12/29/2004OtherDisqualification of Justice Hardesty. Attorney Stephen H. Osborne
01/04/2005Order/ProceduralFiled Order. Regarding Transcripts. On September 21, 2004, this court entered an order that, amoung other things, dismissed the cross-appeal of respondent John Lee Welty and reinstated the preparation of transcripts and the briefing schedule in this appeal. fn1[The clerk shall amend the caption in this matter by designating Susan Wanley and Jeremy Wanley as appellants and John Lee Welty as respondent.] Specifically, our order directed Molezzo Reporters to file, by October 21, 2004, the requested transcript of proceedings conducted on December 8, 2003. fn2[On June 1, 2004, appellants filed a transcript request form requesting the production of transcripts by Molezzo Reporters. A copy of that transcript request form is attached to this order.] Upon further review of the transcript request form, it appears that none of the requested portions of the trial occurred on December 8, 2003. We admonish appellants' counsel for including a trial date in the transcript request form when no transcript of that proceeding was needed. fn3[We also admonish appellants' counsel for listing the dates of the requested trial proceedings as December 8-11, 2003, in the transcript request form rather than specifying the individual dates to be transcribed.] We vacate that portion of our September 21, 2004, order directing Molezzo Reporters to prepare and file the December 8, 2003, transcript. We conclude that all requested transcripts have been filed. 05-00189
01/18/2005BriefFiled Opening Brief. 05-00967
01/20/2005AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 05-01302
01/24/2005Notice/IncomingFiled Proof of Service. of Appellants' Appendix to Appellants' Opening Brief. 05-01485
01/25/2005Letter/IncomingFiled Letter. from respondent's attorney Nancy Gilbert verifying that the answering brief will not be due until February 20, 2004. 05-01605
01/27/2005MotionFiled Motion to Dismiss Appeal. 05-01798
02/08/2005MotionFiled Response to Motion. 05-02591
02/11/2005Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), the original and two copies of the document entitled, "Respondent's Reply to Appellant's Opposition to Motion to Dismiss."
02/18/2005BriefFiled Answering Brief. 05-03397
02/18/2005AppendixFiled Appendix to Answering Brief. Vols. 1 and 2. 05-03398
03/08/2005MotionFiled Motion. Motion to Dismiss Cross-Appeal. 05-04614
03/14/2005MotionFiled Response to Motion. Respondent's Opposition to Motion to Dismiss Cross-Appeal. 05-05005
03/22/2005Order/ProceduralFiled Order. Denying Motion to Dismiss Appeal and Directing Appellant to file Supplemental Appendix. Respondent has filed a motion to dismiss this appeal. Appellants oppose the motion. While respondent is correct that appellants' appendix was untimely and missing several pages, this court prefers to decide cases on their merits. We deny the motion to dismiss this appeal. Appellants shall file a supplemental appendix containing the missing pages within 10 days from the date of this order. 05-05543
03/24/2005BriefFiled Reply Brief. (Appellant's Answering and Reply Brief). 05-05789
03/24/2005AppendixFiled Appendix. Appellant's Reply/Supplemental Appendix. 05-05791
05/25/2005MotionFiled Motion. Application for Order Authorizing Return of $250.00 Check for the Cross-Appeal Filing Fee. 05-10284
05/26/2005Order/ProceduralFiled Order Denying Motion. On September 21, 2004, this court entered an order dismissing respondent's cross-appeal. Appellants have filed a motion to dismiss cross-appeal. Respondent opposes the motion to dismiss. We elect to treat appellants' motion to dismiss cross-appeal as a motion to strike that portion of respondent's answering brief designated as a cross-appeal. We deny the motion to dismiss cross-appeal. This court will disregard any issue that is improperly raised on appeal or any factual matters or arguments improperly included in the parties' briefs. 05-10426
08/04/2005Notice/IncomingFiled Notice of Change of Address. (Nancy A. Gilbert, Esq.) 05-15519
09/02/2005Order/ProceduralFiled Order Denying Motion. filed May 25, 2005. Respondent's cross-appeal was docketed in this court on March 17, 2004. The required filing fee was received from respondent on the same day. On September 21, 2004, respondent's cross-appeal was dismissed. Respondent has now moved for the return of the filing fee he paid 'based upon the fact that the Cross-Appeal was dismissed.' As the clerk performed her duties in processing respondent's cross-appeal, there is no basis to return the filing fee paid by respondent. Additionally, respondent fails to provide any authority to support the proposition that the filing fee should be returned. We deny respondent's motion. 05-17393
12/22/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. 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. 05-24924
12/22/2005Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP06R-MD/RR/RP
02/15/2006Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP06R-RR/MD/RP 06-03306
03/14/2006RemittiturIssued Remittitur. 06-04277
03/14/2006Case Status Update Remittitur Issued/Case Closed.
03/24/2006RemittiturFiled Remittitur. Received by County Clerk on March 15, 2006. 06-04277