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United States Court Cases

Nevada Supreme/Appellate Court Record

CURRIVAN VS. BENETO

Case Information: 42415
Short Caption:CURRIVAN VS. BENETOCourt:Supreme Court
Lower Court Case(s):Elko Co. - Fourth Judicial District - 9527506Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:12/09/2003 / Simmons, TerrySP Status:Completed
Oral Argument:11/15/2005 at 10:30 AMOral Argument Location:Carson City
Submission Date:11/15/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/01/2003Filing Fee Filing Fee due.
12/01/2003Notice 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.) 03-19909
12/01/2003Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
12/05/2003Notice/OutgoingIssued Notice to Transmit Required Document. Notices of entry of orders filed 4/30/03 and 11/20/03. Due Date: 10 days
12/05/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Goicoechea, DiGrazia, Coyle & Stanton, Ltd.--check no. 19216.
12/08/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: May 21-24, 2001 and May 20-22, 2002. To Court Reporter: Zoie M. Williams. 03-20390
12/09/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Terry A. Simmons. (Briefing and preparation of transcripts suspended pending further order of this court.)
12/10/2003TranscriptFiled Transcript. Proceedings: May 21, 2001 through May 24, 2001. Court Reporter: Zoie M. Williams. 03-20599
12/12/2003Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Notice of Entry of Finding of Fact, Conclusions of Law, Declaratory Judgment and Related Orders. Filed in district court on: April 30, 2003. 03-20729
12/12/2003Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Notice of Entry of Post Trial Orders. Filed in district court on: November 20, 2003. 03-20731
12/12/2003Docketing StatementFiled Docketing Statement. 03-20733
12/15/2003Notice/Outgoing Letter. Terry A. Simmons. (Notice of Entry of Judgment (2) and Docketing Statement)
12/26/2003TranscriptFiled Transcript. Proceedings: 05/20/02; 05/21/02; and 05/22/02. Court Reporter: Lisa M. Manley. 03-21458
01/26/2004MotionFiled Motion for Excess Pages. Not to exceed 50 pages. 04-01579
01/28/2004MotionFiled Response to Motion. Respondent Stephen T. Beneto and Darlene E. Beneto's Notice of Non-Opposition. 04-01848
01/28/2004Notice/IncomingFiled Joinder. Joinder in Appellants' Motion to Permit Briefs in Excess of Thirty Pages. 04-01853
02/04/2004Order/Clerk'sFiled Clerk's Order. filed January 26, 2004. On December 9, 2003, this court issued a notice assigning this appeal to the settlement conference program and informing the parties that the briefing of this appeal is suspended pending the completion of the settlement proceedings. On January 26, 2004, appellants filed a motion for leave to file an opening brief in excess of 30-pages. As noted above, the briefing of this appeal is suspended pending completion of the settlement proceedings. Accordingly, the motion is denied without prejudice to appellants' right to renew the motion, if necessary, upon completion of the settlement proceedings. 04-02227
02/06/2004Notice/IncomingFiled Notice of Change of Address. 04-02409
02/10/2004Notice/IncomingFiled Notice. Joinder in Appellants' Motion to Permit Briefs in Excess of Thirty Pages. 04-02614
05/07/2004Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: May 26, 2004. 04-08520
06/23/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-11435
07/06/2004Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the briefing schedule. Appellants: 70 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 04-12244
07/15/2004MotionFiled Motion for Excess Pages. Renewal of Appellants' Motion to Permit Brief in Excess of 30 Pages. 04-12927
07/20/2004MotionFiled Motion. Appellants' Motion Requesting the Court to Direct Clerk to Provide Original Exhibits. 04-13212
08/12/2004Order/ProceduralFiled Order Granting Motion. and Directing Transmission of Original Exhibits and Granting Motion for Permission to file Opening Brief in Excess of 30 pages. Appellants have moved for transmission of 17 original exhibits. The motion is unopposed. Cause appearing, we grant the motion. The clerk of the district court shall have 60 days from the date of this order to certify and transmit the following exhibits: Plaintiff's Exhibit 1, 'Composite USGS 7.5 minute map with parties' property boundaries'; Plaintiff's Exhibit 2, 'Blowup of USGS 7.5 minute map'; Plaintiff's Exhibit 2-A, 'Drawing of roads and trails'; Plaintiff's Exhibit 2-B, 'Drawing of roads and trails'; Plaintiff's Exhibit 6, 'Parcel Map 299 for Claude E. and Laura B. Gerber recorded 11/5/76, Elko County Records'; Plaintiff's Exhibit 7, 'Parcel Map for Mt. View Guest Ranch, Inc., recorded 8/16/78, Elko County Records'; Plaintiff's Exhibit 8, 'Parcel Map 451 for Mt. View Guest Ranch, Inc., recorded 8/16/78, Elko County Records'; Plaintiff's Exhibit 9, 'Aerial Photographs 30' x 30' (1980-1984)'; Plaintiff's Exhibit 10, 'Aerial Photographs 30' x 30' (1980-1984)'; Plaintiff's Exhibit 10-A, 'Acetate overlay to exhibit 10'; Plaintiff's Exhibit 29, 'Boundary Line Adjustment Record of Survey Map 1547, Document 356781, recorded 8/15/78, Elko County Records'; Plaintiff's Exhibit 34, 'Amended Boundary Line Adjustment Record of Survey—File No. 356781, Map 1809, recorded 8/15/96, Elko County Records'; Plaintiff's Exhibit 49, 'Subdivision map'; Defendant's Exhibit W, 'Blowup of topographical map showing the property of the plaintiffs and defendants to be used for demonstrative purposes'; Defendant's Exhibit PP, 'Map—reproduction of Exhibit W'; Defendant's Exhibit P-1, 'Overlay prepared by Mike Gerber'; and Defendant's Exhibit PP-2, 'Overlay prepared by Grant Gerber.' Appellants also have moved for permission to file an opening brief 'not to exceed 50 pages.' The motion is unopposed. Appellants may file an opening brief not to exceed 50 pages. 04-14575
08/23/2004MotionFiled Motion for Excess Pages. Respondents' Motion to Permit Brief in Excess of 30 Pages. 04-15240
09/07/2004Order/ProceduralFiled Order/Show Cause. Appellants shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. If the district court has not resolved all claims and counterclaims involving Snedaker and/or Marchi, appellants may be able to cure the jurisdictional defect by procuring an appropriate order and filing a timely amended notice of appeal. fn2[See NRAP 4(a)(4) (stating that no additional fees are required for a timely filed amended notice of appeal).] The briefing schedule in this appeal shall be suspended pending further order f this court. Respondents may file any reply within 10 days from the date that appellants' response is served. In light of this order, we vacate this court's August 12, 2004 order granting appellants' motion and directing the district court clerk to certify and transmit exhibits. 04-16208
09/29/2004MotionFiled Motion to Extend Time. Appellant's Motion for Extension of Time Regarding Order to Show Cause. 04-18042
10/01/2004Order/Clerk'sFiled Clerk's Order Granting Motion. filed September 29, 2004. Appellants shall have until October 21, 2004, to file and serve their response to the order to show cause why this appeal should not be dismissed for lack of jurisdiction. 04-18176
10/04/2004MotionFiled Response to Order to Show Cause. Appellant's Response. 04-18368
11/29/2004Order/ProceduralFiled Order/Show Cause. On October 4, 2004, appellants responded to this court's September 7 show cause order. However, appellants have, as of this order's date, failed to file an amended notice of appeal as directed. fn3[Appellants' response did not include notices of entry of either October 1, 2004 order.] Appellants shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. The briefing schedule in this appeal remains suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellants' response is served. 04-21755
12/06/2004MotionFiled Response to Order to Show Cause. 04-22201
12/07/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 04-22243
12/17/2004Docketing StatementFiled Docketing Statement. Amended Docketing Statement. 04-23078
01/26/2005Order/ProceduralFiled Order. Reinstating Briefing. In September 2004, we ordered appellants to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellants then procured appropriate district court dismissal orders; however, they did not file an amended notice of appeal. Consequently, on November 29, 2004, we again directed appellants to address the perceived jurisdictional defect, noting that if notice of the dismissal orders' entries had not been served, there might yet be time to file an amended notice of appeal. In response, appellants noted that no notice of entry had been served and timely filed an amended notice of appeal. As it appears that this court has jurisdiction, this appeal shall proceed. Appellants shall have 80 days from the date of this order within which to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Further, we grant appellants' July 15, 2004 motion and respondents' August 23, 2004 motion for permission to file an opening brief and answering briefs, respectively, 'not to exceed 50 pages.' We grant appellants' unopposed motion for transmission of 17 original exhibits. The district court clerk shall have 60 days from the date of this order to certify and transmit the following exhibits: Plaintiff's Exhibit 1, 'Composite USGS 7.5 minute map with parties' property boundaries'; Plaintiff's Exhibit 2, 'Blowup of USGS 7.5 minute map'; Plaintiff's Exhibit 2-A, 'Drawing of roads and trails'; Plaintiff's Exhibit 2-B, 'Drawing of roads and trials'; Plaintiff's Exhibit 6, 'Parcel Map 299 for Claude E. and Laura B. Gerber recorded 11/5/76, Elko County Records'; Plaintiff's Exhibit 7, 'Parcel Map for Mt. View Guest Ranch, Inc., recorded 8/16/78, Elko County Records'; Plaintiff's Exhibit 8, 'Parcel Map 451 for Mt. View Guest Ranch, Inc., recorded 8/16/78, Elko County Records'; Plaintiff's Exhibit 9, 'Aerial Photographs 30' x 30' (1980-1984)'; Plaintiff's Exhibit 10, 'Aerial Photographs 30' x 30' (1980-1984)'; Plaintiff's Exhibit 10-A, 'Acetate overlay to exhibit 10'; Plaintiff's Exhibit 29, 'Boundary Line Adjustment Record of Survey Map 1547, Document 356781, recorded 8/15/78, Elko County Records'; Plaintiff's Exhibit 34, 'Amended Boundary Line Adjustment Record of Survey—File No. 356781, Map 1809, recorded 8/15/96, Elko County Records'; Plaintiff's Exhibit 49, 'Subdivision map'; Defendant's Exhibit W, 'Blowup of topographical map showing the property of the plaintiffs and defendants to be used for demonstrative purposes'; Defendant's Exhibit PP, 'Map—reproduction of Exhibit W'; Defendant's Exhibit P-1, 'Overlay prepared by Mike Gerber'; and Defendant's Exhibit PP-2, 'Overlay prepared by Grant Gerber.' 05-01719
02/04/2005BriefFiled Opening Brief. 05-02398
02/04/2005AppendixFiled Joint Appendix. Vols. 1 through 4. 05-02399
02/14/2005MotionFiled Stipulation. 05-02934
02/17/2005Order/Clerk'sFiled Clerk's Order Approving Stipulation. filed February 14, 2005. Respondents shall have until April 4, 2005, to file and serve their answering brief. fn1[This court's docket indicates that respondents are represented by five different attorneys or law firms. It appears, based on the parties stipulation, that respondents will be filing a single answering brief.] 05-03187
04/04/2005BriefFiled Answering Brief. 05-06516
04/14/2005MotionFiled Stipulation and Order. Brief due: May 17, 2005. 05-07360
05/16/2005BriefFiled Reply Brief. 05-09517
10/12/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on November 15, 2005, at 10:30 a.m. (NNP06R-MD/RR/RP)
10/27/2005MotionFiled Motion. Motion to Hold Appellants Theresa L. Currivan and James D. Currivan in Contempt of Court for Violation of the Court's Findings of Fact, Conclusions of Law, Declaratory Judgment, and Related Matters filed April 29, 2003; Affidavit of Jill Oswalt; Affidavit of Michael Gerber. 05-21300
11/01/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
11/08/2005MotionFiled Response to Motion. Appellants' Response to Motion to Hold Appellants Theresa L. Currivan and James D. Currivan in Contempt AND Motion to Strike and Motion for Sanctions. 05-21998
11/10/2005MotionFiled Response to Motion. Respondent Jill Oswalt's Reply to Appellants' Response to Motion to Hold Appellants Theresa L. Currivan and James D. Currivan in Contempt, and Opposition to Motion to Strike and Motion for Sanctions. 05-22180
11/10/2005Order/ProceduralFiled Order Denying Motion. We deny Oswalt's motion to hold appellants in contempt of court and for attorney fees and damages. We also deny appellants' motion to strike Oswalt's motion and for sanctions against Oswalt. 05-22253
11/15/2005Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP06R-MD/RR/RP
12/20/2005Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part and Remanding. "ORDER this matter REMANDED WITH INSTRUCTIONS to the district court to amend its judgment in a manner consistent with this order." NNP06R-MD/RR/RP 05-24768
01/03/2006MotionFiled Motion. Verified Memorandum of Costs. 06-00137
01/06/2006Filing FeeReceived Filing Fee Paid on Filing. $150 from Goicoechea, DiGrazia, Coyle & Stanton, Ltd.--check no. 21976.
01/06/2006Post-Judgment PetitionFiled Petition for Rehearing. 06-00369
02/14/2006Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). NNP06R-RR/MD/RP 06-03278
02/27/2006Post-Judgment PetitionFiled Petition for En Banc Reconsideration. 06-04369
03/10/2006Post-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 06-05253
03/15/2006Order/ProceduralFiled Order. Regarding Costs. We conclude that Jill Oswalt's costs are properly taxed against the appellant. We direct the clerk to issue an itemized statement of costs in the amount of $250 for insertion in the remittitur. 06-05553
03/15/2006RemittiturIssued Remittitur. Returned Exhibits: Plaintiff's Exhibit 1, "Composite USGS 7.5 minute map with parties' property boundaries"; Plaintiff's Exhibit 2, "Blowup of USGS 7.5 minute map"; Plaintiff's Exhibit 2-A, "Drawing of roads and trails"; Plaintiff's Exhibit 2-B, "Drawing of roads and trails"; Plaintiff's Exhibit 6, "Parcel Map 299 for Claude E. and Laura B. Gerber recorded 11/5/76, Elko County Records"; Plaintiff's Exhibit 7, "Parcel Map for Mt. View Guest Ranch, Inc., recorded 8/16/78, Elko County Records"; Plaintiff's Exhibit 8, "Parcel Map 451 for Mt. View Guest Ranch, Inc., recorded 8/16/78, Elko County Records"; Plaintiff's Exhibit 9, "Aerial Photographs 30" X 30" (1980-1984)"; Plaintiff's Exhibit 10, "Aerial Photographs 30" X 30" (1980-1984)"; Plaintiff's Exhibit 10-A, "Acetate overlay to exhibit 10"; Plaintiff's Exhibit 29, "Boundary Line Adjustment Record of Survey Map 1547, Document 356781, recorded 8/15/78, Elko County Records"; Plaintiff's Exhibit 34, "Amended Boundary Line Adjustment Record of Survey-File No. 356781, Map 1809, recorded 8/15/96, Elko County Records"; Plaintiff's Exhibit 49, "Subdivision map"; Defendant's Exhibit W, "Blowup of topographical map showing the property of the plaintiffs and defendants to be used for demonstrative purposes"; Defendant's Exhibit PP, "Map-reproduction of Exhibit W"; Defendant's Exhibit PP-1, "Overlay prepared by Mike Gerber"; and Defendant's Exhibit PP-2, "Overlay prepared by Grant Gerber." this day. Memorandum of Cost and Disbursements allowed and taxed in the amount of $250.00. 06-04233
03/15/2006Case Status Update Remittitur Issued/Case Closed.
03/30/2006RemittiturFiled Remittitur. Received by County Clerk on March 24, 2006. 06-04233