| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 03/02/2004 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Law Office of Stephen H. Osborne Ltd.--check no. 3724. | | |
| 03/02/2004 | 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.) | | 04-03944
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| 03/10/2004 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Robert Eisenberg. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 03/17/2004 | Docketing Statement | Filed Docketing Statement. | | 04-05035
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| 03/17/2004 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Law Offices of Robert F. Enzenberger--check no. 3568. | | |
| 03/17/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) | | 04-05049
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| 03/19/2004 | Notice/Outgoing | Letter. Robert Eisenberg. (docketing statement) | | |
| 03/22/2004 | Docketing Statement | Filed Response to Docketing Statement. | | 04-05314
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| 03/23/2004 | Notice/Outgoing | Letter. Robert Eisenberg. (notice of cross-appeal) | | |
| 03/30/2004 | Docketing Statement | Filed Docketing Statement. Respondent/Cross-Appellant. | | 04-05934
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| 04/02/2004 | Notice/Incoming | Filed Proof of Service. (Response to Appellant's Docketing Statement and Docketing Statement Civil Appeals.) | | 04-06133
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| 04/12/2004 | Notice/Incoming | Filed Proof of Service. of docketing statement on settlement judge. | | 04-06719
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| 04/29/2004 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 04-07871
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| 05/17/2004 | Settlement Order/Procedural | Filed 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
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| 05/25/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: December 9-12, 2003. To Court Reporter: Molezzo Reporters. | | 04-09608
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| 06/01/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: December 2, 8-11, 2003. To Court Reporter: Molezzo Reporters. | | 04-10030
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| 06/07/2004 | Transcript | Filed Transcript. Proceedings: 12/02/03. Court Reporter: Evelyn J. Stubbs | | 04-10419
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| 06/09/2004 | Transcript | Filed Transcript. Proceedings: 12/11/03. Court Reporter: Marcia Ferrell. | | 04-10698
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| 06/10/2004 | Transcript | Filed Transcript. Proceedings: 12/9/03. Court Reporter: Christina Herbert. | | 04-10744
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| 06/18/2004 | Transcript | Filed Transcript. Proceedings: December 10, 2003. Court Reporter: Gail West-Willsey. | | 04-11189
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| 06/22/2004 | Order/Procedural | Filed 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
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| 06/28/2004 | Other | Returned Mail. Order filed 06/22/04 addressed to Molezzo Reporters remailed to corrected address. | | |
| 06/29/2004 | Notice/Incoming | Filed Notice of Association of Counsel. Nancy F. Gilbert of Angius & Terry as co-counsel for respondent/cross-appellant Welty. | | 04-11996
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| 07/01/2004 | Notice/Incoming | Filed Proof of Service. (Association of Counsel). | | 04-12135
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| 08/20/2004 | Transcript | Filed Transcript. Proceedings: 12/02/03. Court Reporter: Evelyn J. Stubbs. | | 04-15127
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| 09/14/2004 | Motion | Filed Stipulation. | | 04-16860
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| 09/17/2004 | Order/Clerk's | Filed 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
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| 09/21/2004 | Order/Procedural | Filed 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
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| 10/20/2004 | Transcript | Filed Transcript. Proceedings: December 11, 2003. Court Reporter: Marica Ferrell. | | 04-19385
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| 12/29/2004 | Other | Disqualification of Justice Hardesty. Attorney Stephen H. Osborne | | |
| 01/04/2005 | Order/Procedural | Filed 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
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| 01/18/2005 | Brief | Filed Opening Brief. | | 05-00967
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| 01/20/2005 | Appendix | Filed Appendix to Opening Brief. Vols. 1 and 2. | | 05-01302
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| 01/24/2005 | Notice/Incoming | Filed Proof of Service. of Appellants' Appendix to Appellants' Opening Brief. | | 05-01485
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| 01/25/2005 | Letter/Incoming | Filed Letter. from respondent's attorney Nancy Gilbert verifying that the answering brief will not be due until February 20, 2004. | | 05-01605
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| 01/27/2005 | Motion | Filed Motion to Dismiss Appeal. | | 05-01798
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| 02/08/2005 | Motion | Filed Response to Motion. | | 05-02591
|
| 02/11/2005 | Other | 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." | | |
| 02/18/2005 | Brief | Filed Answering Brief. | | 05-03397
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| 02/18/2005 | Appendix | Filed Appendix to Answering Brief. Vols. 1 and 2. | | 05-03398
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| 03/08/2005 | Motion | Filed Motion. Motion to Dismiss Cross-Appeal. | | 05-04614
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| 03/14/2005 | Motion | Filed Response to Motion. Respondent's Opposition to Motion to Dismiss Cross-Appeal. | | 05-05005
|
| 03/22/2005 | Order/Procedural | Filed 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
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| 03/24/2005 | Brief | Filed Reply Brief. (Appellant's Answering and Reply Brief). | | 05-05789
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| 03/24/2005 | Appendix | Filed Appendix. Appellant's Reply/Supplemental Appendix. | | 05-05791
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| 05/25/2005 | Motion | Filed Motion. Application for Order Authorizing Return of $250.00 Check for the Cross-Appeal Filing Fee. | | 05-10284
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| 05/26/2005 | Order/Procedural | Filed 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
|
| 08/04/2005 | Notice/Incoming | Filed Notice of Change of Address. (Nancy A. Gilbert, Esq.) | | 05-15519
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| 09/02/2005 | Order/Procedural | Filed 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
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| 12/22/2005 | Order/Procedural | Filed 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
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| 12/22/2005 | Case Status Update | Submitted for Decision. To the Northern Nevada Panel. NNP06R-MD/RR/RP | | |
| 02/15/2006 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP06R-RR/MD/RP | | 06-03306
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| 03/14/2006 | Remittitur | Issued Remittitur. | | 06-04277
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| 03/14/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 03/24/2006 | Remittitur | Filed Remittitur. Received by County Clerk on March 15, 2006. | | 06-04277
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