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PBS ENTERPRIZES, INC. v. CWCAPITAL ASSET MANAGEMENT LLC AS SUCCESSOR TO CRIIMI MAE SERVICES LIMITED PARTNERSHIP, AS SPECIAL SERVICER FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF MERRILL LYNCH MORTGAGE INVESTORS, INC., MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 1997-C1,

Case Heading (S-07-0024)
Case Number:S-07-0024Case Docketed On:01/31/2007
Linked To: S-07-0251
Status:Closed
Original Court:Fifth Judicial District Park CountyCase Type:Direct Appeal - Civil - Property, Conveyances and Security Transactions (Title 34)
Short Title:PBS ENTERPRIZES, INC. v. CWCAPITAL ASSET MANAGEMENT LLC AS SUCCESSOR TO CRIIMI MAE SERVICES LIMITED PARTNERSHIP, AS SPECIAL SERVICER FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF MERRILL LYNCH MORTGAGE INVESTORS, INC., MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 1997-C1,
Full Title:PBS ENTERPRIZES, INC., Appellant (Defendant), v. CWCAPITAL ASSET MANAGEMENT LLC AS SUCCESSOR TO CRIIMI MAE SERVICES LIMITED PARTNERSHIP, AS SPECIAL SERVICER FOR LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF MERRILL LYNCH MORTGAGE INVESTORS, INC., MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 1997-C1, Appellee (Plaintiff).

- Party Information
RoleParty NameAttorney(s)
AppellantPBS Enterprizes, Inc.Timothy Charles Kingston
AppelleeCWCapital Asset Management, LLCColin M. Simpson

- Case Decision Information
Issues:Jurisdiction, Other, Property - Real
Opinion Number:2008 WY 53
Citation:183 P.3d 1140

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Docket Information
Filing DateDocument DescriptionDocket Entry TypeDocket Entry SubtypeStatus
01/31/2007Event - Docketed and indexedEventDocketed and indexedFinal
01/31/2007Notice-Incoming - Record completion notice from district courtNotice-IncomingRecord completion notice from district courtFinal
01/31/2007Fees - Docket fee receivedFeesDocket fee receivedFinal
01/31/2007Notice-Outgoing - Docketing letterNotice-OutgoingDocketing letterFinal
02/16/2007Event - Phone Call - Received call from U.S. Attorney's Office re status of IRS; does not want to participate in appeal, but wants notice of argument/expedite and opinionEventPhone CallFinal
03/19/2007Brief - AppellantBriefAppellantFinal
05/07/2007Brief - Appellee (Brief contains names of pro hac vice counsel not admitted in this court)BriefAppelleeFinal
05/07/2007Motion - Expedite - treated as requestMotionBrief onlyFinal
05/14/2007Order - Oral argument scheduledOrderOral argument scheduledFinal
05/17/2007Notice-Incoming - Receipt acknowledgment - oral argument setting - Timothy KingstonNotice-IncomingReceipt acknowledgment - oral argument settingFinal
05/18/2007Motion - Extension of time - brief (reply)MotionExtension of time - briefFinal
05/18/2007Order - Denying appellant's request for extension to file reply briefOrderDenyFinal
05/21/2007Motion - Expedite - Parties' joint agreement to submit case on the briefsMotionBrief onlyFinal
05/21/2007Notice-Incoming - Receipt acknowledgment - oral argument setting - Colin SimpsonNotice-IncomingReceipt acknowledgment - oral argument settingFinal
05/22/2007Brief - Appellant replyBriefAppellant replyFinal
05/22/2007Order - Vacating oral argument and assigning to expedited docketOrderVacating oral argument and assigning to brief only docketFinal
05/22/2007Notice-Outgoing - Request for transmitted record on appealNotice-OutgoingRequest for transmitted record on appealFinal
05/29/2007Notice-Incoming - Record transmittal notice from district courtNotice-IncomingRecord transmittal notice from district courtFinal
05/29/2007Record - Transmitted record on appeal, four volumes: Volume I, II, III and IV, original papers.RecordTransmitted record on appealFinal
05/29/2007Notice-Outgoing - Transmitted record on appeal filedNotice-OutgoingTransmitted record on appeal filedFinal
09/25/2007Correspondence - Incoming. Received letter from counsel for appellant indicating that a second appeal in this matter will be coming to the court, and requesting that the court consider both matters in the same opinion.CorrespondenceIncomingFinal
09/26/2007Event - Phone Call. Contacted Mr. Kingston regarding his letter and pursuant to instruction from CJ, requested that he motion the court to consolidate after the second appeal is docketed.EventPhone CallFinal
10/04/2007Correspondence - Incoming - Received letter from Brent W. Procida in response to correspondence from Mr. Kingston regarding stay of proceedings.CorrespondenceIncomingFinal
10/04/2007Event - Phone Call - Contacted Mr. Procida and told him that Mr. Kingston had been directed to wait until second appeal filed to file a motion regarding staying proceedings until 2nd case briefed. Also informed him that he is not admitted pro hac vice in this court and should contact Mr. Simpson regarding admission here.EventPhone CallFinal
11/20/2007Order - Consolidating cases for purposes of decisionOrderConsolidating casesFinal
05/09/2008Opinion - Opinion and journal order affirming. Justice Burke writing for the court.OpinionOpinion and journal orderFinal
05/28/2008Notice-Outgoing - MandateNotice-OutgoingMandateFinal
05/28/2008Record - Record returned to district courtRecordRecord returned to district courtFinal
05/28/2008Notice-Outgoing - Record return letterNotice-OutgoingRecord return letterFinal
05/28/2008Event - Case closedEventCase closedFinal
06/02/2008Service - Certified mail signature return card. Record signed for 5/29/08 by Joyce Boyer.ServiceCertified mail signature return cardFinal