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United States Court Cases

Nevada Supreme/Appellate Court Record

IN RE: TRUST OF WALTER

Case Information: 40758
Short Caption:IN RE: TRUST OF WALTERCourt:Supreme Court
Related Case(s): 35064 , 46802
Lower Court Case(s):Clark Co. - Eighth Judicial District - P40190Classification:Civil Appeal - General - Other
Disqualifications:GibbonsCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/21/2003 / Berkson, LesterSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:04/13/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/08/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Cary Colt Payne, Chtd.--check no. 5318.
01/08/2003Notice 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.) 03-00400
01/08/2003OtherDisqualification of Justice Gibbons. Sat in district court proceedings.
01/21/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
01/22/2003Docketing StatementFiled Docketing Statement. 03-01139
01/23/2003Notice/Outgoing Letter. Lester H. Berkson. (Docketing statement)
01/31/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: 30-60 days for district court proceedings. 03-01734
07/03/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued for approx. 30 days for further negotiations. 03-11205
09/25/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-16105
09/30/2003Settlement 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). 03-16278
10/16/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 06/06/00, 03/05/01, 01/03/03. To Court Reporter: Janice Liston and Sonia Riley-Bennett. 03-17224
10/17/2003Letter/IncomingFiled Letter. from Court Recorder Janice R. Liston. Courtesy copy of letter dated October 14, 2003 addressed to attorney Cary Colt Payne in regards to "Request for Transcript of Proceedings." 03-17310
01/29/2004BriefFiled Opening Brief. 04-01866
01/29/2004AppendixFiled Joint Appendix. Vols. 1 through 5. 04-01867
02/27/2004MotionFiled Stipulation and Order. Brief due: March 29, 2004. 04-03764
03/23/2004MotionFiled Motion to Extend Time. (Second request-30 days requested) 04-05423
04/16/2004Order/ProceduralFiled Order. Ms. Liston has submitted a letter regarding appellant's transcript request form. fn1-[We direct the clerk of this court to file the letter.] Ms. Liston informs this court that she was not present for the June 6, 2000, and March 5, 2001, proceedings. Further, Ms. Liston states that 'the [January 3, 2003] hearing . . . was not reported.' Accordingly, we conclude that Ms. Liston is not obligated to produce transcripts pursuant to appellant's transcript request form. Our review of the opening brief indicates that appellant cites to at least one transcript that was not included in the joint appendix. Accordingly, appellant shall have 15 days from the date of this order to file a supplemental appendix that includes all the transcripts cited to in the opening brief. We grant the motion for a second extension of time to file the answering brief. Respondent shall have until April 28, 2004, to file and serve the answering brief. Appellant shall have 30 days from service of the answering brief to file and serve a reply brief, if deemed necessary. 04-06996
04/16/2004Letter/IncomingFiled Letter. from Court Recorder Janice R. Liston. Courtesy copy of letter dated October 14, 2003 addressed to attorney Cary Colt Payne in regards to "Request for Transcript of Proceedings." 03-17310
04/26/2004Notice/IncomingFiled Errata. Errata to Correct Typographical Error in Appellant's Opening Brief. 04-07654
04/29/2004BriefFiled Answering Brief. 04-07901
04/29/2004AppendixFiled Appendix to Answering Brief. Supplemental Appendix. 04-07902
05/28/2004BriefFiled Reply Brief. 04-09891
04/13/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision without Oral Argument. 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). 05-07218
04/13/2005Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP05-WM/MD/RD
07/11/2005Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP05-WM/MD/RP 05-13637
08/05/2005RemittiturIssued Remittitur. 05-13817
08/05/2005Case Status Update Remittitur Issued/Case Closed.
08/12/2005RemittiturFiled Remittitur. Received by County Clerk on August 8, 2005. 05-13817