| 04/30/2001 | Order/Procedural | Filed Order/Show Cause. Order Dismissing Appeals in Docket Nos. 32300 and 34554 (consolidated cases), and Directing a Response and Suspending Briefing in Docket No. 36880. DOCKET NO. 32300. We need not decide the jurisdictional issues in this appeal, because on march 22, 2001, Guinn filed a motion for voluntary dismissal. We grant Guinn's motion, and ' . . . we dismiss the appeal in Docket No. 32300.' The parties to bear their own costs and attorney fees. fn1[In Guinn's November 7, 2000 response to this court's show cause order, he requested an enlargement of time to file the response, as it was not timely. Also, on November 17, 2000, Margaret Moreland filed a motion to respond to Guinn's response. In light of our order, we deny Guinn's request and Margaret's motions a moot.] DOCKET NO. 34554. In response to this court's order to show cause, Barrow does not address the prematurity of her July 20, 1999 notice of appeal. fn5[On October 30, 2000, Margaret Moreland filed a motion to respond to Barrow's reply. Joseph Moreland filed a joinder and supplement to Margaret's motion on November 1, 2000. We grant the motion. The clerk shall file Margaret Moreland's response provisionally received on October 30, 2000.] We conclude that we lack jurisdiction over the appeal, and ' . . . we dismiss the appeal in Docket No. 34554.' fn6[We note that Barrow ha filed a bankruptcy petition, and it is unclear at this time whether the automatic stay has been lifted. However, an appellate court may dismiss an appeal for lack of jurisdiction even where the automatic stay provisions under the bankruptcy code are otherwise applicable.] DOCKET NO. 36880. fn8[Barrow's response to this courts show cause order was filed in Docket No. 34554. However, we consider Barrow's arguments as they pertain to her amended notice of appeal in Docket No. 36880. We note that Barrow's August 27, 1999 amended notice of appeal was not transmitted to this court until October 17, 2000, after our order to show cause. This was due to an apparent oversight in the district court clerk's office.] We defer our decision on Barrow's arguments because it appears that there is no final judgment in this matter. Barrow shall have 20 days from the date of this order to show cause why the appeal in Docket No. 36880 should not be dismissed for lack of jurisdiction. In her response, Barrow shall advise this court of the status of the bankruptcy petition, including whether the bankruptcy proceeding has been resolved or the automatic stay has been lifted. The briefing schedule in Docket No. 36880 is suspended pending further order of this court. Nos. 32300/34554/36880 | | 01-07226
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| 07/11/2001 | Order/Dispositional | Filed Voluntary Dismissal. On June 28, 2001, appellant filed a motion to voluntarily dismiss this appeal on the basis that the parties have reached a settlement in the United States Bankruptcy Court. We grant the motion, and hereby " . . . dismiss this appeal." The parties shall bear their own costs and attorney fees. fn1[NRAP 42(b).] fn2[In light of this order, appellant has no obligation to respond to our April 30, 2001 show cause order. We note that Joseph Moreland is not a party to this appeal. Accordingly, we have not considered his bankruptcy status report filed on May 9, 2001.] NNP01A-MS/DA/RR | | 01-11716
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