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United States Court Cases

Nevada Supreme/Appellate Court Record

WAL-MART STORES VS. WEIKLE

Case Information: 33972
Short Caption:WAL-MART STORES VS. WEIKLECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A385546Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:04/08/1999 / Berkson, LesterSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:11/07/2000How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/31/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Parker Nelson & Arin, Chtd.--check no. 3219.
03/31/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 99-02363
04/08/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/03/1999Docketing StatementFiled Docketing Statement. 99-03509
05/24/1999MotionFiled Motion. Motion for Leave of the Supreme Court to Allow for a District Court Order Already Filed to be Held to be Properly a Nunc Pro Tunc Order or in the Alternative Motion for Leave of Court to Allow for the Refiling of that Order, from the District Court. 99-04251
05/25/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued for further negotiations. 99-04317
06/07/1999MotionFiled Response to Motion. Opposition to Motion for Leave of the Supreme Court to Allow for a District Court Order Already Filed to be Held to be Properly a Nunc Pro Tunc Order or in the Alternative Motion for Leave of Court to Allow for the Refiling of that Order, from the District Court. 99-04713
12/13/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-12510
01/12/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Appellant: 15 days to comply with NRAP 9(a); 120 days to file opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). fn1[We defer ruling on respondent's motion filed May 24, 1999 and on respondent's opposition to that motion filed June 7, 1999]. 00-00497
01/27/2000Transcript RequestFiled Certificate of No Transcript Request. 00-01359
05/12/2000BriefFiled Opening Brief. Mailed on: 5/10/00. 00-07919
05/12/2000AppendixFiled Appendix to Opening Brief. 00-07920
06/05/2000MotionFiled Stipulation and Order. Brief due: July 11, 2000. 00-09399
06/12/2000Other Other. Received page 61A to Appellant's Appendix filed 5/12/00. Place in appendix in chronological order.
07/10/2000BriefFiled Answering Brief. Mailed on: 7/7/00. 00-11710
07/31/2000Order/ProceduralFiled Order. Order Denying Motion and Granting Limited Remand. The motion and opposition indicate that the trail court's failure to make findings and conclusions was not a mistake in writing or copying; rather, it appears it was the result of the court's failure to exercise its judicial function. The nunc pro tunc order cannot serve to remedy this judicial error. It is also evident from the motion and opposition that the district court has made its findings and conclusions and only lack jurisdiction to enter its order. This appeal shall be held in abeyance pending further order of this court, and we remand this matter to the district court for the limited purpose of entry of an amended judgment which includes findings of fact and conclusions of law. The district court shall have 30 days in which to enter such a judgment. Thereafter, appellant shall forthwith file an amended notice of appeal. Upon receipt of the amended notice of appeal, the clerk of this court shall file the amended notice under this docket number. 00-13205
09/01/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 00-15461
09/11/2000Order/ProceduralFiled Order/Briefing Reinstated. This appeal may now proceed, and the briefing schedule is hereby reinstated. Appellant shall have 30 days from the date of this order to file its reply brief, if any. 00-15950
09/29/2000BriefFiled Reply Brief. Mailed on: 9/26/00. 00-17225
09/29/2000AppendixFiled Appendix to Reply Brief. 00-17226
11/07/2000Order/ProceduralFiled Order. Oral argument will not be scheduled and this appeal shall stand submitted as of the date of this order, on the record and briefs filed herein. 00-19584
11/07/2000Case Status Update Submitted for Decision.
12/04/2000Order/DispositionalFiled Dispositional Order/Appeal. We therefore conclude that the district court erred in striking the request for trial de novo. " . . . the order of the district court is reversed, and this matter is remanded for further proceedings consistent with this order." NNP00A-MS/DA/ML 00-21107
01/03/2001RemittiturIssued Remittitur. 00-21235
01/03/2001Case Status Update Remittitur Issued/Case Closed.
02/20/2001RemittiturFiled Remittitur. Received by County Clerk on January 9, 2001. 00-21235