search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 42700
Short Caption:MAYWEATHER VS. CUTRIGHT C/W 43020Court:Supreme Court
Consolidated:42700*, 43020 Related Case(s): 43020
Lower Court Case(s):Clark Co. - Eighth Judicial District - A447720Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/30/2004 / Paustian, KathleenSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:01/19/2006How Submitted:On Briefs

+ Party Information

Docket Entries
01/27/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Salas & McQuigg--check no. 4283.
01/27/2004Notice 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.) 04-01623
01/30/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Kathleen M. Paustian. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/09/2004TranscriptFiled Transcript. Proceedings: November 6, 2003 and November 18, 2003. Court Reporter: Janice Liston. 04-02510
02/20/2004MotionFiled Motion to Extend Time. 04-03320
02/24/2004Order/Clerk'sFiled Clerk's Order Granting Motion. filed February 20, 2004. The clerk shall file the docketing statement received on February 17, 2004. 04-03500
02/24/2004Docketing StatementFiled Docketing Statement. 04-02939
02/25/2004Notice/Outgoing Letter. Kathleen M. Paustian. (docketing statement)
02/26/2004MotionFiled Motion for Stay. Motion for Temporary Stay and Stay of the Order of the District Court of Clark County, Nevada which Granted Respondent's Motion to Remove a Lis Pendens Filed on the Subject Property Herein and Which Granted Respondent's Motion for Attorney's Fees or in the Alternative to Set a Supersedeas Bond. 04-03672
03/08/2004Order/ProceduralFiled Order Denying Motion. for a Stay. On February 25, 2004, the district court entered an order awarding respondent costs and attorney fees and vacating appellant's notice of lis pendens. On February 26, 2004, appellant filed in this court a motion to stay the February 25, order. The order awarding fees and costs and vacating the notice of lis pendens is not properly before this court. Appellant's attempt to keep the notice of lis pendens in place appears moot, as respondent's counsel apparently telephoned appellant's counsel, stating that the 'house is sold.' Appellant has not formally sought a stay in the district court. Accordingly, we deny the motion. 04-04336
03/10/2004MotionFiled Response to Motion. Opposition to Appellant's Motion for Temporary Stay and Stay of the Order of the District Court of Clark County, Nevada which Granted Respondent's Motion to Remove a Lis Pendens Filed on the Subject Property Herein and Which Granted Respondent's Motion for Attorney's Fees or in the Alternative to Set a Supersedeas Bond. 04-04560
08/06/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-14298
08/11/2004Settlement 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. We note that on February 9, 2004, during the pendency of the settlement proceedings, court reporter Janice Liston filed certified copies of transcripts for proceedings conducted on November 6, 2003, and November 18, 2003. In the event appellant intends to cite to transcripts in addition to those filed by court reporter Liston, appellant shall, within 15 days from the date of this order, file and serve a transcript request form in compliance with NRAP 9(a). In the event no additional transcripts are necessary for this court's review of this appeal, appellant shall, within 15 days from the date of this order, file a certificate of no transcript request. Appellant: 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 04-14500
08/26/2004Transcript RequestFiled Certificate of No Transcript Request. 04-15451
09/07/2004Notice/IncomingFiled Proof of Service. Certificate of Service by Facsimile and by U.S. Mail. 04-16210
10/14/2004MotionFiled Motion to Dismiss Appeal. 04-19092
10/18/2004Notice/IncomingFiled Proof of Service. Certificate of Service of the Motion to Dismiss Appeal served upon Richard James Salas, Esq. 04-19251
10/21/2004MotionFiled Response to Motion. Appellant's Response to Respondent's Request to Dismiss ("Plaintiff's) Appeal." 04-19467
11/12/2004Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days.
11/22/2004Notice/IncomingFiled Proof of Service. Reply to Appellant's Opposition to Respondent's Motion to Dismiss. 04-21436
12/21/2004Order/ProceduralFiled Order Resolving Motion or Stipulation. Respondent has moved to dismiss this appeal for lack of jurisdiction. Appellant opposes the motion to dismiss. Respondent has submitted a reply to appellant's opposition to the motion to dismiss. Under NRAP 27(a), a reply to an opposition 'shall not be filed unless permission is first sought and granted.' Respondent has failed to file a motion requesting permission to file the reply. Accordingly, we direct the clerk to return, unfiled, the reply received on November 12, 2004. We therefore deny respondent's motion to dismiss for lack of jurisdiction. We further conclude that sanctions are not warranted for filing the motion to dismiss because the parties' dispute over appellant's counsel's address appears to be in good faith. 04-23286
12/21/2004Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), "Reply to Appellant's Opposition to Respondent's Motion to Dismiss." 04-20887
01/06/2005MotionFiled Motion to Extend Time. 05-00332
01/25/2005Order/ProceduralFiled Order Granting Motion. filed January 6, 2005. Appellant shall have until March 9, 2005, to file and serve the opening brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 05-01541
03/08/2005BriefFiled Opening Brief. 05-04540
03/08/2005AppendixFiled Appendix to Opening Brief. 05-04547
04/13/2005BriefFiled Answering Brief. 05-07270
05/27/2005Case Status Update Briefing Completed. No reply brief filed.
07/21/2005Order/ProceduralFiled Order/Consolidation. Because these appeals arise from the same district court case, we conclude that judicial economy will be served by resolving the appeals together. These appeals are hereby consolidated. Nos. 42700/43020. (05-14513) 05-14513
01/19/2006Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled and these appeals shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. Nos. 42700/43020. (06-01288) 06-01288
01/19/2006Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH. Nos. 42700/43020
02/15/2006Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." SNP06-WM/MG/JH. Nos. 42700/43020. 06-03297
03/03/2006Filing FeeReceived Filing Fee Paid on Filing. $150.00 from Salas & McQuigg - check no. 5577.
03/03/2006Post-Judgment PetitionFiled Petition for Rehearing. Appellant's. Nos. 42700/43020. 06-04801
03/23/2006Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). Nos. 42700/43020. 06-06186
03/28/2006Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Nos. 42700/43020. 06-06486
04/18/2006RemittiturIssued Remittitur. 06-07096
04/18/2006Case Status Update Remittitur Issued/Case Closed.
05/04/2006Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC. Nos. 42700/43020. (06-09326) 06-09326
05/05/2006RemittiturFiled Remittitur. Received by County Clerk on April 21, 2006. 06-07096