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United States Court Cases

Nevada Supreme/Appellate Court Record

OWENS PLASTERING CO. VS. SOLIEL L.V.

Case Information: 40767
Short Caption:OWENS PLASTERING CO. VS. SOLIEL L.V.Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A397955Classification:Civil Appeal - General - Other
Disqualifications:Douglas, GibbonsCase Status:Remittitur Issued/Case Closed
Replacement:Senior Justice Shearing for Justice DouglasPanel Assigned: Panel
To SP/Judge:01/31/2003 / Richitt, E.SP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:08/27/2004How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/10/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Offices of Richard McKnight, P.C.--check no. 5113.
01/10/2003Notice 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.) 03-00515
01/10/2003Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
01/16/2003Notice/OutgoingIssued Notice to Transmit Required Document. Judgment filed 12/3/02 and Notice of Entry filed 12/5/02. Due Date: 10 days
01/22/2003Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy filed in district court on: January 15, 2003. 03-01106
01/23/2003Notice/OutgoingIssued Notice of Modification of Caption. Deleted Artie Spector, Michael Kaplan and United Pacific Insurance as respondents.
01/23/2003OtherDisqualification of Justice Gibbons. Sat in district court proceedings.
01/28/2003Order/IncomingFiled District Court Order. Certified copy of Judgment by Default filed in district court on 12/3/02 and Notice of Entry filed 12/5/02. (Submitted by counsel for appellant.) 03-01483
01/29/2003Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of judgment by default filed in district court on: December 3, 2002. 03-01623
01/29/2003Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Filed in district court on: December 5, 2002. 03-01624
01/31/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: E. Paul Ritchitt, Jr. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/06/2003Order/ProceduralFiled Order. To date, appellant has failed to file the docketing statement. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement. 03-03780
03/07/2003Letter/IncomingFiled Letter. from attorney David Mincin in response to this court's Notice of Modification of Caption, stating that this court's modification is erroneus. 03-03883
03/10/2003Docketing StatementFiled Docketing Statement. 03-03985
03/11/2003Notice/Outgoing Letter. E. Paul Ritchitt, Jr. (letter from attorney David Mincin)
03/11/2003Notice/Outgoing Letter. E. Paul Ritchitt, Jr. (docketing statement)
04/02/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-05537
04/04/2003Settlement 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). 03-05723
04/11/2003Order/IncomingFiled District Court Order. Certified copy of Stipulation to Dismiss with Prejudice filed in district court on July 25, 2001. 03-06115
04/11/2003Order/IncomingFiled District Court Order. Certified copy of Stipulation and Order for Dismissal filed in district court on March 19, 2001. 03-06120
04/24/2003Transcript RequestFiled Certificate of No Transcript Request. 03-06987
08/04/2003MotionFiled Stipulation and Order. Brief due: September 3, 2003. 03-13059
08/28/2003BriefFiled Opening Brief. 03-14513
08/28/2003AppendixFiled Appendix to Opening Brief. 03-14514
09/02/2003Other Other. Received Table of Authorities to Opening Brief. Placed in original and copies of briefs in appropriate order.
09/25/2003BriefFiled Answering Brief. 03-16051
09/25/2003AppendixFiled Appendix to Answering Brief. 03-16052
11/04/2003MotionFiled Motion to Extend Time. Motion for Leave to File Untimely Reply Brief. 03-18340
11/07/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed November 4, 2003. The clerk shall file the reply brief received on November 4, 2003. 03-18625
11/07/2003BriefFiled Reply Brief. 03-18341
12/11/2003Notice/OutgoingIssued Letter. to Clark County Clerk regarding Transmission of Documents (supplemental record).
12/19/2003Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copies of Stipulation and Order for Dismissal filed on 3/19/01 and Stipulation to Dismiss with Prejudice filed 7/25/01. 03-21161
01/07/2004Order/ProceduralFiled Order/Show Cause. Appellant shall have thirty days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. We note that the jurisdictional defect may be cured if the district court enters a written judgment or order formally resolving the third party complaint filed by American Framing Systems, and appellant files a timely amended notice of appeal from that order in accordance with NRAP 4(a). fn2-[ See NRAP 4(a)(4) (stating that no additional filing fee is due with an amended notice of appeal).] We caution appellant that failure to demonstrate that this court has jurisdiction may result in the dismissal of this appeal. Respondent may file any reply within ten days from the date that appellant's response is served. 04-00303
02/09/2004MotionFiled Response to Motion. Appellant's Response to Order to Show Cause. 04-02497
02/12/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 04-02765
02/26/2004Order/ProceduralFiled Order. Allowing Appeal to Proceed. In response to our show cause order, the district court dismissed American Framing System[s third-party complaint on February 4, 2004. Appellant filed a timely amended notice of appeal. As the district court has formally resolved all claims asserted in the underlying case and appellant has timely appealed from the final judgment, we conclude that we have jurisdiction over this appeal and allow the appeal to proceed. 04-03655
04/19/2004OtherDisqualification of Justice Douglas. Sat in district court proceedings.
05/12/2004Notice/OutgoingIssued Letter. to Clark County Clerk regarding Transmission of Transcript.
05/13/2004TranscriptFiled Transcript. Transcript of 11/4/02 received via email from Clark Co. Clerk. 04-08899
05/17/2004TranscriptFiled Transcript. Proceedings: 11/04/02. Received from Clark County Clerk. Previously filed by e-mail on 05/13/04. 04-08899
08/27/2004Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 04-15587
08/27/2004Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP04S-MS/RR/WM
12/01/2004Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." SNP04S-MS/RR/WM 04-21841
12/20/2004Post-Judgment PetitionFiled Petition for Rehearing. 04-23166
12/20/2004Filing Fee Filing Fee due.
12/20/2004Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. (Rehearing). Due Date: 10 days
12/22/2004Notice/IncomingFiled Proof of Service. Amended Certificate of Mailing and Faxing Petition for Rehearing on Order of Reversal and Remand. 04-23374
12/28/2004Filing FeeReceived Filing Fee Paid on Filing. $150 from Jones Vargas-check no. 53098.
01/27/2005Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP04S-RR/WM 05-01745
02/22/2005RemittiturIssued Remittitur. 05-03407
02/22/2005Case Status Update Remittitur Issued/Case Closed.
03/04/2005RemittiturFiled Remittitur. Received by County Clerk on February 24, 2005. 05-03407