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United States Court Cases

Nevada Supreme/Appellate Court Record

KIMBERLING VS. KELSEY

Case Information: 35219
Short Caption:KIMBERLING VS. KELSEYCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A361013Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:12/14/1999 / Buchanan, WilliamSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:07/09/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/02/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Offices of Larry B. Penney--check no. 8878.
12/02/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-12022
12/14/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William F. Buchanan. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
02/02/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-01662
02/15/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Appellant: 15 days to file the docketing statement. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of this appeal. Appellant: 15 days to comply with NRAP 9(a); 120 days to file opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to counsel for appellant.) 00-02354
03/27/2000Order/ProceduralFiled Order/Show Cause. Appellant shall, within 10 days of the date of this order, file and serve the docketing statement and either a transcript request form or a certificate of no transcript request or show cause why this appeal should not be dismissed as abandoned. 00-04806
03/30/2000MotionFiled Motion to Dismiss Appeal. 00-05143
03/31/2000Docketing StatementFiled Docketing Statement. 00-05226
04/10/2000MotionFiled Response to Motion. Appellant's Response to Respondent's Motion to Dismiss and Statement in Response to Order to Show Cause. 00-05690
04/10/2000MotionFiled Motion to Extend Time. Appellant's Motion for Extension of Time to File Request for Transcript of Proceedings. 00-05691
04/25/2000Order/ProceduralFiled Order. We deny respondent's motion to dismiss this appeal and grant appellant's motion for an extension of time. Accordingly the clerk of this court shall forthwith file the transcript request form provisionally received on April 10, 2000. 00-06700
04/25/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: August 3, 1999 through August 6, 2000. To Court Reporter: Yvonne Valentin. 00-05692
06/02/2000MotionFiled Motion to Extend Time. Joint Motion to Extend Time for Briefing. 00-09311
06/22/2000Order/ProceduralFiled Order. Court reporter Valentin shall have 20 days from the date of this order to fie and serve the remaining request transcripts (August 3, 1999 through August 6, 1999), to file a motion requesting an extension of time to do so or to inform this court in writing why the requested transcripts cannot be produced. We grant the joint motion filed on June 2, 2000. Appellant shall file and serve the opening brief and appendix on or beofre August 14, 2000. Thereafter, briefing shall proceed with NRAP 31(a)(1). 00-10674
07/17/2000TranscriptFiled Transcript. Proceedings: August 3, 1999, August 4, 1999, August 5, 1999. Court Reporter: Yvonne M. Valentin. 00-12261
07/31/2000MotionFiled Motion to Extend Time. Opening Brief, Answering Brief and Reply Brief. 00-13210
08/09/2000Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including September 14, 2000, to file and serve the opening brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 00-13806
09/14/2000MotionFiled Motion to Extend Time. (Opening Brief, Answering Brief, Reply Brief). 00-16274
10/18/2000Notice/IncomingFiled Substitution of Attorneys. Michael K. Wall of Hutchison & Steffen in place of the late Larry B. Penny, current counsel of record. 00-18452
10/18/2000MotionFiled Motion. Motion to Extend Time for Briefing. 00-18453
10/25/2000Order/ProceduralFiled Order Granting Motion. On October 18, 2000, appellant filed a substitution of attorneys substituting Michael K. Wall in the place of attorney Penney as counsel of record and he also filed a motion for an extension of time to file and serve the opening brief and appendix. Appellant shall file and serve the opening brief and appendix within 60 days from the date of this order. Briefing shall proceed with NRAP 31(a)(1). We deny respondent's September 14, 2000, motion as moot. 00-18834
11/03/2000Order/ProceduralFiled Order. We deem all transcripts necessary for review of this appeal to have been filed. Nevertheless, we admonish counsel for appellant for requesting transcripts for a date on which no proceedings were held. 00-19309
12/27/2000BriefFiled Opening Brief. Mailed on: LV Drop Box 12/22/00. 00-22518
12/27/2000AppendixFiled Joint Appendix. Vols. 1 through 6. 00-22519
01/22/2001MotionFiled Stipulation and Order. Brief due: February 6, 2001. 01-01342
02/08/2001BriefFiled Answering Brief. Mailed on: LV Drop Box 02/06/01. 01-02546
03/26/2001Case Status Update Briefing Completed.
07/09/2001Order/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. 01-11449
07/09/2001Case Status Update Submitted for Decision. SNP02-CY/DA/ML.
11/09/2001Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP02-CY/DA/ML 01-18802
12/05/2001RemittiturIssued Remittitur. 01-19164
12/05/2001Case Status Update Remittitur Issued/Case Closed.
01/18/2002RemittiturFiled Remittitur. Received by County Clerk on December 17, 2001. 01-19164