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United States Court Cases

Nevada Supreme/Appellate Court Record

FALLICA VS. MIRAGE

Case Information: 39000
Short Caption:FALLICA VS. MIRAGECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A426096Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/11/2002 / Buehler, BriceSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:05/12/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/31/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Robert G. Giunta--check no. 1134.
12/31/2001Notice 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.) 01-21919
01/09/2002Docketing StatementFiled Docketing Statement. (Copy of docketing statement mailed to settlement judge.) 02-00580
01/11/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Brice Buehler. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/20/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-04994
03/29/2002Settlement 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). 02-05661
04/08/2002MotionFiled Motion. 02-06217
04/15/2002MotionFiled Motion. Supplement to Motion to Withdraw as Appellant's Counsel. 02-06721
05/28/2002Letter/IncomingFiled Letter. from appellant Linda A. Fallica objecting to attorney Guinta's motion to withdraw as counsel. 02-09267
07/16/2002Order/ProceduralFiled Order Denying Motion. On April 8, 2002, counsel for appellant filed a motion to withdraw and on April 15, 2002, filed a supplement to the motion. On May 28, 2002, this court received a letter from appellant. Because appellant no longer consents to the withdrawal, and because any previous "break down" in the attorney/client relationship no longer exists, we deny the motion to withdraw. This denial is without prejudice, however, to the filing of a renewed motion to withdraw should these circumstances change. The briefing schedule set forth in our March 29, 2002, order remains in effect. Appellant shall comply with NRAP 9 within 15 days from the date of this order. 02-12173
08/05/2002Transcript RequestFiled Certificate of No Transcript Request. 02-13359
08/09/2002MotionFiled Stipulation. 02-13650
08/12/2002Order/Clerk'sFiled Clerk's Order Approving Stipulation. filed August 9, 2002. Appellant shall have until September 1, 2002, to file and serve the opening brief and appendix. 02-13719
09/09/2002BriefFiled Opening Brief. Mailed on: 09/05/02. 02-15597
09/09/2002AppendixFiled Appendix to Opening Brief. 02-15599
10/07/2002BriefFiled Answering Brief. Mailed on: 10/03/02. 02-17289
10/07/2002AppendixFiled Appendix to Answering Brief. 02-17290
10/15/2002Notice/IncomingFiled Certificate of Compliance. to Answering Brief filed on 10/07/02. Attached to inside back cover of original and copies of brief. 02-17818
11/15/2002Case Status Update Briefing Completed. No reply brief filed.
11/19/2002MotionFiled Stipulation. 02-19896
11/25/2002Order/ProceduralFiled Order Granting Motion. On November 19, 2002, the parties filed a stipulation to extend the time to file the reply brief until December 6, 2002, which is 31 days beyond the original due date. We elect to treat the stipulation as a joint motion, and we grant that motion. Appellant may file and serve a reply brief by December 6, 2002. 02-20209
11/25/2002BriefFiled Reply Brief. Mailed on: 11/21/02. 02-20270
11/27/2002Notice/IncomingFiled Certificate of Compliance. Attached to inside back cover of original and copies of Reply Brief. 02-20441
05/12/2003Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 03-08017
05/12/2003Case Status Update Submitted for Decision. To the Southern Nevada Panel. (SNP03-MS/ML/NB)
06/03/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP03-MS/ML/NB 03-09291
01/15/2004Order/ProceduralFiled Order. On June 3, 2003, this court entered an Order of Affirmance in this matter. On July 9, 2003, appellant submitted a proper person letter requesting an extension of time to file a petition for rehearing. We note that appellant is represented by attorney Robert G. Guinta in this appeal. Because appellant is represented by counsel in this appeal, we decline to grant her permission to file documents in proper person. See NRAP 42(b). Further, we note that Mr. Guinta has not filed a motion to withdraw as counsel of record, nor has appellant caused new counsel to enter an appearance. No good cause appearing, we deny the relief requested in appellant's letter. fn1[Although we decline to grant appellant permission to file any further documents in proper person, the clerk of this court shall file the letter received on July 9, 2003, as we have considered the relief requested in the letter.] Accordingly, the clerk of this court shall issue the remittitur in this appeal. 04-00901
01/15/2004Other Incoming DocumentFiled Proper Person Document. Letter requesting permission for an extension for late filing regarding a rehearing. 03-11538
01/15/2004RemittiturIssued Remittitur. 04-00935
01/15/2004Case Status Update Remittitur Issued/Case Closed.
01/23/2004MotionFiled Motion. (Robert G. Giunta). 04-01400
02/09/2004RemittiturFiled Remittitur. Received by County Clerk on January 21, 2004. 04-00935
02/24/2004Order/ProceduralFiled Order. On June 3, 2003, this court entered an 'Order of Affirmance.' On January 15, 2004, the remittitur issued and this case was closed. On January 23, 2004, attorney Robert G. Giunta, filed a motion to withdraw as counsel for appellant. Because this court has entered a final decision in this appeal, Mr. Giunta's motion is treated as a notice that he does not represent appellant in this court. See SCR 46 ('After judgment or final determination, an attorney may withdraw as attorney of record at any time upon the attorney's filing a withdrawal, with or without the client's consent.'). 04-03503