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United States Court Cases

Nevada Supreme/Appellate Court Record

HUNTINGTON VS. MILA, INC.

Case Information: 38707
Short Caption:HUNTINGTON VS. MILA, INC.Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A408786Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:11/09/2001 / Buchanan, WilliamSP Status:Completed
Oral Argument:07/01/2003 at 9:30 AMOral Argument Location:Las Vegas Office
Submission Date:07/01/2003How Submitted:After Oral Argument

Party Information
RoleParty NameRepresented By
AppellantDavid L. HuntingtonLouis E. Garfinkel (Levine & Garfinkel)
RespondentMila, Inc.Douglas D. Gerrard (Gerrard Cox Larsen)

Docket Entries
DateTypeDescriptionPending?Document
11/02/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Berkley firm - check no. 6222.
11/02/2001Notice 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.) 01-18360
11/09/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William F. Buchanan. (Briefing and preparation of transcripts suspended pending further order of this court.)
11/09/2001Other Returned Unfiled Document. Docketing Statement due: 10 days.
11/14/2001Docketing StatementFiled Docketing Statement. 01-18971
11/19/2001Notice/Outgoing Letter. William F. Buchanan.
11/19/2001Docketing StatementFiled Response to Docketing Statement. Respondent Mila, Inc.'s Response to Appellant David L. Huntington's Docketing Statement. 01-19353
11/27/2001Notice/Outgoing Letter. William F. Buchanan.
01/28/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-01849
02/05/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. This court shall conduct a preliminary jurisdictional review of this appeal. 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). 02-02385
02/15/2002Transcript RequestFiled Certificate of No Transcript Request. 02-03028
05/14/2002Order/ProceduralFiled Order/Show Cause. Response due: 30 days. The briefing schedule in this appeal is suspended pending further order of this court. Respondent may file any reply within 10 days from the date of that appellant's response is served. 02-08436
06/14/2002MotionFiled Response to Order to Show Cause. Appellant's Response to Order to Show Cause. 02-10345
07/02/2002Other Other. Filed Respondent's Opposition to Appellant's Response to Order to Show Cause. 02-11352
07/24/2002Order/ProceduralFiled Order/Show Cause. In response to our show cause order, appellant acknowledges tat the certification order lacks the requisite finding of no just reason for delay, and requests leave to seek an amended certification. We grant appellant's request. Appellant shall file with this court an amended certification order within 30 days of this order's date. The briefing schedule in this appeal remains suspended. 02-12702
08/21/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 02-14346
08/26/2002MotionFiled Response to Order to Show Cause. 02-14565
10/02/2002Order/ProceduralFiled Order/Briefing Reinstated. We conclude that NRCP 54(b) certification was appropriate, and therefore, this court has jurisdiction over the appeal. Appellant shall have 60 days from this order's date within which to file and serve the opening brief and appendix. Thereafter, briefing shall proceed pursuant to NRAP 31(a)(1). 02-17069
12/05/2002BriefFiled Opening Brief. Mailed on No postmark. 02-20867
12/05/2002AppendixFiled Appendix to Opening Brief. 02-20868
01/02/2003BriefFiled Answering Brief. Mailed on: Fed Ex 12/31/02. 03-00075
01/29/2003MotionFiled Motion and Order Extending Time. Brief due: March 5, 2003. 03-01578
03/10/2003BriefFiled Reply Brief. Mailed on: 03/05/03. 03-03931
06/02/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on July 1, 2003, at 9:30 a.m. (SNP03-MS/ML/NB)
06/17/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
07/01/2003Case Status Update Submitted for Decision. Before the Southern Nevada Panel.SNP03-MS/ML/NB.
07/11/2003Notice/IncomingFiled Notice. Notice of Change of Firm Name and Address - Louis E. Garfinkel. 03-11670
07/21/2003Notice/IncomingFiled Substitution of Attorneys. Levine, Garfinkel & Katz in place and stead of Berkley, Gordon, Levine, Goldstein & Garfinkel, LLP. 03-12233
08/27/2003Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before Shearing, Leavitt, and Becker, JJ. Author: Per Curiam. 119 Nev. Adv. Opn. No. 38. SNP03. 03-14400
09/22/2003Letter/IncomingFiled Letter. from attorney Jeffrey P. Zucker of the Lionel Sawyer & Collins firm, requesting clarification of the opinion filed on August 27, 2003. 03-15856
09/24/2003Order/ProceduralFiled Order. Correcting Opinion. On August 27, 2003, we issued an opinion in this matter: Huntington v. MILA, Inc., 119 Nev. ___, 75 P.3d 354 (2003). Subsequently, attorney Jeffrey P. Zucker submitted a letter requesting clarification of the opinion. Cause appearing, we direct the clerk of this court to correct the opinion issued in this matter by striking the single sentence in footnote 5 on page 4 of the opinion and replacing it with the following: "Whether MILA had constructive notice of the Memorandum of Real Estate Holding Agreement, and a duty to investigate, based upon the recording of the Memorandum is not at issue in this case. Below, in its motion for summary judgment, MILA asserted that the document was not properly recorded and constructive notice based on recordation did not apply. Huntington did not present any evidence or argument to the contrary in its opposition to the motion." 03-15973
09/24/2003RemittiturIssued Remittitur. 03-16032
09/24/2003Case Status Update Remittitur Issued/Case Closed.
10/02/2003RemittiturFiled Remittitur. Received by County Clerk on September 29, 2003. 03-16032