| Case Information: 40791 | |||
| Short Caption: | BARBER VS. CARPENTER | Court: | Supreme Court |
| Lower Court Case(s): | Churchill Co. - Tenth Judicial District - 28721 | Classification: | Civil Appeal - General - Other |
| Disqualifications: | Case Status: | Disposition Filed/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | 01/29/2003 / Worrell, Carolyn | SP Status: | Completed |
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | How Submitted: | ||
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 01/14/2003 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Law Office of Marilyn D. York--check no. 6259. | ||
| 01/14/2003 | 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.) | 03-00770 | |
| 01/29/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell. (Briefing and preparation of transcripts suspended pending further order of this court.) | ||
| 02/25/2003 | Docketing Statement | Filed Docketing Statement. | 03-03153 | |
| 02/27/2003 | Notice/Outgoing | Letter. Carolyn Worrell. (Docketing statement) | ||
| 04/07/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties have agreed to a settlement of this matter. | 03-05729 | |
| 05/15/2003 | Order/Procedural | Filed Order. The settlement judge has filed a report indicating that the parties have agreed to a settlement. Appellant shall have 30 days to file a stipulation or motion to dismiss, along with a copy of an order of the district court certifying that upon remand, it is inclined to grant the parties requested relief. If appellant is unable to obtain Huneycutt certification, appellant shall so inform this court in writing within the same time period. Failure to comply with this order in a timely manner may result in the dismissal of this appeal as abandoned. | 03-08249 | |
| 06/17/2003 | Settlement Program Motion/Stipulation | Filed Settlement Program/Stipulated Dismissal. Notice of Failed Settlement. | 03-10129 | |
| 01/09/2004 | Order/Procedural | Filed Order. The settlement judge filed a report indicating that the parties had agreed to a settlement of this matter. Accordingly, we entered an order directing appellant to file a motion or stipulation to dismiss this appeal, or to otherwise inform this court of the status of the appeal. In response, appellant has filed a 'Notice of Failed Settlement.' In that notice, appellant represents that the 'settlement reached by the parties in the settlement conference has fallen through,' and that '[a]ppellant intents [sic] to proceed with his appeal.' Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. 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). | 04-00538 | |
| 02/26/2004 | Settlement Program Motion/Stipulation | Filed Settlement Program/Stipulated Dismissal. Stipulation to Dismiss Appeal and to Remand. | 04-03700 | |
| 03/08/2004 | Order/Procedural | Filed Order. to Comply with Huneycutt Procedure. On February 26, 2004, the parties filed a stipulation to dismiss this appeal. The parties represent that 'this action will be remanded to the District Court' because 'the parties have obtained a certification from the District Court that it is inclined to enter the Amended Order, upon remand from this Court.' See Huneycutt v. Huneycutt, 94 Nev. 79, 575 P.2d 585 (1978). Under Huneycutt, the parties must provide this court with an order of the district court certifying its inclination to grant the parties' requested relief. We defer ruling on the stipulation filed February 26, 2004. Appellant shall have 60 days from the date of this order to file in this court a copy of an order of the district court certifying that it is inclined to grant the parties' requested relief. If appellant is unable to obtain Huneycutt certification, he shall so inform this court in writing within the same time period. Failure to comply with this order in a timely manner may result in the dismissal of this appeal as abandoned. | 04-04394 | |
| 03/15/2004 | Settlement Program Motion/Stipulation | Filed Settlement Program/Stipulated Dismissal. Amended Stipulation to Dismiss Appeal and to Remand (copy of certification attached as Exhibit A.) | 04-04865 | |
| 03/30/2004 | Order/Dispositional | Filed Stipulated Dismissal. The parties to this appeal have stipulated to dismiss this appeal and remand this matter to the district court for entry of an amended judgment. See Huneycutt v. Huneycutt, 94 Nev. 79, 575 P.2d 585 (1978). Cause appearing, we approve the parties' stipulation. "We remand this matter to the district court pursuant to its certification, and we dismiss this appeal." The parties shall bear their own costs and attorney fees. NRAP 42(b). fn1[The order entered on January 9, 2004, directing appellant to comply with NRAP 9(a) and to file and serve the opening brief and appendix, is vacated. The parties' February 26, 2004, stipulation to dismiss this appeal and to remand is denied as moot.] SNP04S-MS/RR/WM | 04-05877 | |
| 03/30/2004 | Case Status Update | Case Closed. No remittitur issued. | ||