| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 08/29/2000 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Kevin J. Mirch, Ltd.--check no. 2170. | | |
| 08/29/2000 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. | | 00-15187
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| 09/05/2000 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.) | | |
| 09/20/2000 | Motion | Filed Motion to Consolidate. Nos. 35861 and 36665. | | 00-16647
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| 11/22/2000 | Notice/Incoming | Filed Notice. Notice of Automatic Stay. | | 00-20595
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| 01/10/2001 | Order/Procedural | Filed Order/Consolidation. We grant appellants' unopposed motion, and we consolidate these appeals for all appellate purposes. On October 26, 2000, attorney Richard F. Cornell filed a notice of non-representation. The clerk of this court shall remove attorney Cornell from the court's docket as counsel of record for respondents. We order these appeals stayed pursuant to the mandatory provisions of federal bankruptcy law. Counsel for Dr. Clyde emery and Nona Emery shall have 90 days from the date of this order to file a report informing this court of the status of the bankruptcy proceedings. Nos. 35861 c/w 36665. | | |
| 04/10/2001 | Notice/Incoming | Filed Status Report. Report Informing Court of Status of Bankruptcy. Nos. 35861/36665 (01-06196). | | |
| 08/23/2001 | Order/Procedural | Filed Order/Status Report. Status report due from counsel for respondents Clyde Emery and Nona Emery: 90 days of the date of this order. Nos 35861/36665. (01-14331) | | |
| 11/09/2001 | Notice/Incoming | Filed Status Report. Nos. 35861/36665. (01-18793) | | |
| 03/04/2002 | Order/Procedural | Filed Order. Status Report. Because this matter remains on this court's active docket, Mr. Gunderson shall file an updated report informing this court of the status of the bankruptcy proceeding within 90 days from the date of this order. Nos. 35861/36665. (02-03858) | | |
| 07/15/2002 | Settlement Program Motion/Stipulation | Filed Settlement Program/Stipulated Dismissal. Stipulation for Partial Dismissal of Appeal Pursuant to Settlement. (Partial dismiss Respondents, Farmers and Merchant Bank only). Nos. 35861/36665. (02-12085) | | |
| 03/18/2003 | Order/Procedural | Filed Order. On November 22, 2000, respondents Dr. Clyde Emery and Nona Emery notified this court that they filed a petition for bankruptcy in the Untied States Bankruptcy Court. This court entered an order on January 10, 2001, staying these consolidated appeals pursuant to the mandatory provisions of federal bankruptcy law. To date, Mr. Gunderson has not complied with the order to file a report informing this court of the status of Dr. Clyde emery and Nona Emery's bankruptcy proceeding. Mr. Gunderson shall have 10 days from the date of this order to file the requested status report or show cause why sanctions should not be imposed. On July 15, 2002, appellants and respondent Farmers and Merchant Bank filed a stipulation to dismiss these appeals as to Farmers and Merchant Bank only. We approve the stipulation. These consolidated appeals are dismissed as to respondent Farmers and Merchant Bank only. The clerk of this court shall remove Farmers and Merchant Bank as a respondent in the captions of these appeals. Nos. 35861/36665. (03-04574) | | |
| 03/27/2003 | Notice/Incoming | Filed Status Report. Nos. 35861/36665 (03-05202). | | |
| 05/13/2003 | Order/Procedural | Filed Order/Status Report. Status report of the bankruptcy due from attorney Mark H. Gunderson: 90 days from the date of this order. Nos. 35861/36665. (03-08160) | | |
| 08/11/2003 | Notice/Incoming | Filed Status Report. Nos. 35861/36665 (03- 13362). | | |
| 08/21/2003 | Order/Procedural | Filed Order. Status report due: 90 days. Nos. 35861/36665 (03-14155). | | |
| 11/19/2003 | Notice/Incoming | Filed Status Report. Nos. 35861/36665 (03-19283). | | |
| 12/12/2003 | Order/Procedural | Filed Order. to file Bankruptcy Order. On January 10, 2001, this court ordered these appeals and cross-appeal stayed pursuant to the mandatory provisions of federal bankruptcy law. Respondent Dr. Clyde Emery's most recent status report states that the bankruptcy proceeding is still pending. He also represents in the status report that 'the debtors were granted a discharge under section 727 of the United States Bankruptcy Code.' Dr. Emery shall, within 20 days from the date of this order, provide this court with a copy of the bankruptcy court's order granting the debtors a discharge. Nos. 35861/36665. (03-20735) | | |
| 01/06/2004 | Notice/Incoming | Filed Status Report. Clyde Emery. Nos. 35861/36665 (04-00296). | | |
| 03/09/2004 | Order/Procedural | Filed Order. Dr. Emery shall, within 30 days from the date of this order, file points and authorities that specifically address the issue of whether the bankruptcy court order discharging debtors Clyde and Nona Emery terminates the automatic bankruptcy stay mandated by 11 U.S.C. ยง 362(a). In addition, Dr. Emery shall specifically state why he has failed to inform this court earlier of the bankruptcy court order discharging him from the bankruptcy proceedings. No. 35861/36665. (04-04495) | | |
| 04/01/2004 | Motion | Filed Response to Order to Show Cause. Points and Authorities of Dr. Clyde Emery and Nona Emery in Response this Court's March 9, 2004, order. No. 35861/36665. [04-06035] | | |
| 08/11/2004 | Order/Procedural | Filed Order. to File Bankruptcy Status Report. On April 1, 2004, Dr. Emery filed points and authorities in response to this courts order. Dr. Emery states that he has previously informed this court that the debtors were granted a discharge. fn1[We note that Dr. emery is correct and vacate the portion of our March 9, 2004, order that stated Dr. Emery had not previously informed this court that the debtors had been granted a discharge.] Because this matte remains on this court's active docket, Dr. Emery shall file an updated report informing this court of the status of the bankruptcy proceedings within 90 days from the date of this order. Nos. 35861/36665. (04-14493) | | |
| 09/23/2004 | Motion | Filed Response to Order to Show Cause. Final Status Report of Dr. Clyde Emery and Nona Emery in Response to this Court's August 11, 1004, Order. Nos. 35861/36665 (04-17652). | | |
| 05/16/2006 | Other | Disqualification of Justice Hardesty. Law firm of Mirch & Mirch. | | |
| 05/22/2006 | Other | Returned Mail. Notice of Justice Disqualification addressed to Wise Wiezorek Timmons & Wise remailed to corrected address. Nos. 35861/36665. | | |
| 02/27/2007 | Order/Dispositional | Filed Order Dismissing Appeal. These consolidated appeals have been docketed in this court for several years. Given the apparent applicability of a continuing and possibly permanent stay, this appeal may languish indefinitely on this court's docket. We conclude that judicial efficiency will be best served if this appeal is dismissed, without prejudice and such dismissal will not violate the bankruptcy stay. "We dismiss these appeals." This dismissal is without prejudice to appellants' right to move for reinstatement of these appeals if and when such a motion becomes appropriate. SNP07-MG/MD/MC. Nos. 35861/36665 | | 07-04706
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| 03/27/2007 | Remittitur | Issued Remittitur. | | 07-06698
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| 03/27/2007 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 04/05/2007 | Remittitur | Filed Remittitur. Received by County Clerk on March 30, 2007. | | 07-06698
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