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United States Court Cases

Nevada Supreme/Appellate Court Record

ARBERRY VS. ARBERRY

Case Information: 30529
Short Caption:ARBERRY VS. ARBERRYCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D194016Classification:Civil Appeal - General - Other
Disqualifications:Becker, MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/17/1999 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:09/15/1999How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/03/1997Filing FeeReceived Filing Fee Paid on Filing. $100.00 from Scott Michael Cantor-check no. 3761.
06/03/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (SEALED). Appeal docketed in the Supreme Court this day.
06/24/1997Notice/IncomingFiled Substitution of Attorneys. Gloria M. Navarro, Esq. In place and stead of Israel L. Kunin as counsel for respondent.
06/30/1997Notice/IncomingFiled Proof of Service. Certificate of Mailing.
07/28/1997Order/ProceduralFiled Order. Appellant shall have 30 days from the date of this order to retain counsel to represent him in this appeal, and to enter counsel's appearance with the clerk of this court. From date of appearance: 15 days to file transcript request form or certificate of no transcript; 120 days to file opening brief. Briefing shall then proceed per NRAP 31(a)(1).
09/10/1997MotionFiled Motion to Extend Time. Appellant's Motion for enlargement of time in which to enter counsel's appearance.
09/10/1997Notice/IncomingReceived Notice. Notice of Appearance.
09/15/1997Order/Clerk'sFiled Clerk's Order. granting the motion filed September 10, 1997. The clerk shall file the Notice of Appearance, submitted provisionally with appellant's motion, forthwith.
09/15/1997Notice/IncomingFiled Notice of Appearance. The Law Office of Kirk-Hughes & Associates, Geraldine Kirk-Hughes, Esq., will be attorney of Record representing Appellant Morse Arberry, J. (Docketing Statement and copy of July 28, 1997 Order mailed to counsel for appellant).
10/09/1997Transcript RequestFiled Request for Transcript of Proceedings.
10/14/1997MotionFiled Response to Motion. Respondent's Opposition to Appellant's Request for Transcript of Proceedings and Motion to Dismiss.
10/29/1997Order/ProceduralFiled Order. To date, appellant has failed to file the following document: docketing statement. Appellant shall, within 15 days from the date of this order, file the required document or show cause why sanctions should not be imposed against counsel for appellant.
11/13/1997Docketing StatementFiled Docketing Statement.
12/31/1997Order/ProceduralFiled Order. Appellant shall have 10 days from the date of this order within which to file a response to appellant's motion to dismiss appeal. We caution counsel for appellant that failure to comply with this order in a timely manner may result in the immediate dismissal of this appeal.
01/12/1998MotionFiled Response to Motion. Appellant's Reply to Respondent's Motion to Dismiss and Countermotion for Stay Pending Appeal.
02/09/1998MotionFiled Motion. Respondent's Motion to Strike, Response to Appellant's Reply to Motion to Dismiss and Respondent's Opposition to Appellant's Countermotion for Stay Pending Appeal.
02/13/1998Order/ProceduralFiled Order. On October 14, 1997, respondent filed a motion to dismiss this appeal for appellant's failure to order requested transcripts. Appellant has filed an opposition and a motion to stay the district court judgment. Appellant shall file in this court within 7 days a supplemental transcript request form that substantially complies with the requirements of NRAP 9 or risk the imposition of sanctions. Respondent's motion to dismiss the appeal for respondent's failure to order requested transcripts is denied. fn2[We defer ruling on appellant's motion to stay the district court judgment pending further order of this court.]
02/17/1998MotionFiled Motion. Motion for Extension of Time to Prepare Transcripts.
02/18/1998MotionFiled Motion. Appellant's Request to file Reply to Respondent's Opposition to Appellant's Countermotion for Stay Pending Appeal.
02/18/1998Notice/IncomingFiled Affidavit. Affidavit of Appellant Morse Arberry, Jr.
02/18/1998MotionReceived Response to Motion. Appellant's Opposition to Respondent's Motion to Strike.
02/18/1998Order/Clerk'sFiled Clerk's Order. Denying Motion. Court reporter Deborah S. Casper filed a motion for a thirty day extension to complete the requested transcripts. We deny the motion as moot. Court reporter Casper shall have 30 days from the date that appellant files a supplemental transcript request form pursuant to this court's order of February 13, 1998, in which to complete the requested transcripts.
02/20/1998Transcript RequestFiled Request for Transcript of Proceedings. Supplemental Request for Transcript of Proceedigs. Court Reporter: Deborah S. Casper.
03/09/1998Order/ProceduralFiled Order. On February 13, 1998, this court denied respondent's motion to dismiss. Respondent's motion to strike appellant's opposition to the motion to dismiss is denied as moot. We continue to defer ruling on appellant's countermotion for a stay at this time, and we also derer ruling on appellant's motion for leave to file a reply to respondent's opposition to appellant's countermotion for a stay. Respondent's opposition and appellant's motion for leave to file a reply will be considered at such time as this court resolves appellant's countermotion for a stay. Appellant shall have 30 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Further delays in this matter may result in the imposition of sanctions.
03/23/1998TranscriptFiled Transcript. Proceedings: 1/16/97 & 3/18/98 (SEALED) & 1/17/97. Court Reporter: Theodora M. Law.
04/14/1998Order/ProceduralFiled Order. We have considered the interests of all parties, and we conclude that a stay is not warranted at this time. Accordingly, we deny the motion. fn1[We grant appellant's request to file a reply to respondent's opposition to the countermotion for a stay. We direct the clerk of this court to file the reply, which was received on February 18, 1998. We note that we considered the reply when resolving appellant's motion for a stay.
04/14/1998MotionFiled Response to Motion. Appellant's Opposition to Respondent's Motion to Strike.
04/17/1998MotionFiled Motion and Order/Excess Pages. Appellant may file an opening brief in excess of 30 pages, to wit: 35 pages.
04/17/1998BriefFiled Opening Brief. Appellant's Opening Brief. Mailed on: 4/8/98.
04/17/1998AppendixFiled Appendix. Appellant's Appendix, Volumes 1 and 2.
04/17/1998MotionFiled Motion to Dismiss Appeal. Respondent's Second Motion to Dismiss.
05/13/1998MotionFiled Motion to Extend Time. Respondent's Motion for Enlargement of Time in which to File Respondent's Answering Brief.
05/18/1998MotionFiled Response to Motion. Appellant's Opposition to Respondent's Second Motion to Dismiss and Response to Respondent's Motion to Enlarge time in which to file Answering Brief.
06/01/1998BriefReceived Answering Brief. Mailed on: 5/29/98.
06/01/1998AppendixReceived Appendix. Respondent's Appendix.
06/23/1998Order/ProceduralFiled Order. We deny respondents motion to dismiss. On May 13, 1998, respondent filed a motion for an extension of time to file the answering brief. We grant the motion. The clerk shall file the answering brief and appendix, submitted provisionally on June 1, 1998, forthwith.
06/23/1998BriefFiled Answering Brief. Respondent's Answering Brief. Mailed on: 5/29/98.
06/23/1998AppendixFiled Appendix. Respondent's Appendix.
07/06/1998BriefFiled Reply Brief. Appellant's Reply Brief. Mailed on: 7/1/98.
03/05/1999OtherDisqualification of Justice Maupin.
03/15/1999Notice/OutgoingIssued Notice. Oral Argument is scheduled for May 13, 1999 at the hour of 9:30 a.m.-1/2 hour in Las Vegas. (SNP-RR for WM, DA, NB).
04/14/1999Order/ProceduralFiled Order. We have determined that oral argument in this appeal is not warranted. We vacate the oral argument currently scheduled in this appeal for May 13, 1999. This matter shall stand submitted for decision on the briefs as of the date of this order.
04/14/1999Case Status Update Submitted for Decision. SNP99A-RR/DA/NB
05/25/1999OtherDisqualification of Justice Becker.
09/15/1999Case Status Update Resubmitted for Decision. To the Northern Nevada Panel this day. NNP99B-CY/DA/ML
09/17/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
11/05/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a settlement of this matter.
11/23/1999Order/ProceduralFiled Order. The parties have agreed to settle this appeal and are obtaining district court certification pursuant to Huneycutt. Appellant shall, within 60 days of the date of this order, file in this court a stipulation or motion to dismiss this appeal and to remand this matter to the district court certifying that it is inclined to grant the relief requested by the parties or if the parties are unable to obtain the Huneycutt certification, they shall so inform this court in writing.
02/18/2000Order/ProceduralFiled Order. To date, the parties have not responded to our order of November 23, 1999. Appellant shall have 10 days from the date of this order to file a stipulation or motion to dismiss this appeal or otherwise inform this court of the status of this appeal. Failure to comply with this order will result in the dismissal of this appeal as abandoned.
03/28/2000Order/DispositionalFiled Order Dismissing Appeal. To date, appellant has failed to respond to our order. " . . . we dismiss this appeal as abandoned." NNP99B-CY/DA/ML
04/25/2000RemittiturIssued Remittitur.
06/23/2000RemittiturFiled Remittitur. Entering Receipt for Remittitur. Received by County Clerk on May 11, 2000.