| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 11/18/1996 | Filing Fee | Received Filing Fee Paid on Filing. $100.00 from Kermitt L. Waters--check no. 1054. | | |
| 11/18/1996 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | |
| 11/18/1996 | Transcript Request | Filed Request for Transcript of Proceedings. Received 11/15/96. | | |
| 12/03/1996 | Docketing Statement | Filed Docketing Statement. | | |
| 12/04/1996 | Letter/Incoming | Filed Letter. from attorney Laura Wightman FitzSimmons. C.B.M., Ltd. will challenge the constitutionality of NRS 37.009(6) and NRS 37.175(1). | | |
| 12/09/1996 | Notice/Incoming | Filed Proof of Service. for Motion for Disqualification of Justice Rose. | | |
| 12/11/1996 | Motion | Filed Motion. Motion for Disqualification of Justice Rose. | | |
| 12/13/1996 | Motion | Received Motion. Appellant's Motion to Disqualify Justice Clifton C. Young. | | |
| 12/16/1996 | Order/Procedural | Filed Order. On December 13, 1996, Kermitt J. Waters submitted for filing a motion to disqualify Justice Young. The clerk has lodged the motion and submitted it for a determination of whether it may be filed. Although we express no opinion as to the legal sufficiency of the motion, we direct the clerk to file the motion. | | |
| 12/16/1996 | Motion | Filed Motion. Appellant's Motion to Disqualify Justice C. Clifton Young. | | |
| 12/19/1996 | Motion | Filed Motion to Extend Time. Court Reporter's Motion for Extension of Time. | | |
| 12/20/1996 | Notice/Outgoing | Issued Notice to Attorney General: Certification of Constitutional Issue. | | |
| 12/26/1996 | Motion | Filed Response to Motion. Respondent State of Nevada's Opposition to Motion to Disqualify Justice Young. | | |
| 12/26/1996 | Motion | Filed Response to Motion. Respondent State of Nevada's Opposition to Motion to Disqualify Justice Rose. | | |
| 12/27/1996 | Order/Clerk's | Filed Clerk's Order Granting Motion. Court Reporter Helleso shall have to and including January 27, 1997, to file the transcript of proceedings. | | |
| 12/30/1996 | Notice/Incoming | Filed Proof of Service. --Certificate of Mailing. | | |
| 01/29/1997 | Transcript | Filed Transcript. Proceedings: July 15, 1996, July 16, 1996, July 17, 1996, July 18, 1996, July 19, 1996, July 22, 1996, October 23, 1996. Court Reporter: James A. Helleso. | | |
| 02/07/1997 | Other | Other. Filed Response of Justice Rose to Motion to Disqualify Him and Request that Justice Springer Not Participate in Deciding the Motion to Disqualify. | | |
| 02/20/1997 | Motion | Received Motion. Motion to File Affidavit of Counsel in Response to Reply of Justice Rose. | | |
| 03/03/1997 | Order/Procedural | Filed Order. On February 20, 1997, attorney Laura W. FitzSimmons submitted for filing a motion for leave to file a reply affidavit to a response to the motion to disqualify Justice Rose in this matter. Counsel improperly included the proposed reply affidavit in the body of the motion. In spite of this procedural deficiency, we grant relief and direct the clerk of the court to file the motion and reply affidavit submitted on February 20, 1997. fn1[We admonish counsel that any future motion for leave to file a document should not include the proposed document.] | | |
| 03/03/1997 | Motion | Filed Motion. Motion to File Affidavit of Counsel in Response to Reply of Justice Rose (and Response). | | |
| 03/14/1997 | Motion | Filed Stipulation and Order. Brief due: April 17, 1997. | | |
| 04/23/1997 | Motion | Filed Motion. Motion to File Brief. | | |
| 04/23/1997 | Brief | Received Opening Brief. Mailed on: FedEx--4/22/97. | | |
| 04/23/1997 | Appendix | Received Appendix. Joint Appendix, Vols. 1 through 3. | | |
| 04/24/1997 | Order/Clerk's | Filed Clerk's Order Granting Motion. The 34 page opening brief provisionally submitted on April 23, 1997, shall be filed forthwith. | | |
| 04/24/1997 | Brief | Filed Opening Brief. | | |
| 04/24/1997 | Appendix | Filed Joint Appendix. Vols. 1 through 3. Mailed on 4/22/97-FedEx. | | |
| 05/15/1997 | Motion | Filed Stipulation and Order. Brief due: June 25, 1997. | | |
| 06/10/1997 | Order/Incoming | Filed Executive Order. Executive order by the Governor designating Dan L. Papez, Judge of the Seventh Judicial District Court, to sit in place of Justice Rose. | | |
| 06/25/1997 | Motion | Filed Motion to Extend Time. Filed by respondent State of Nevada. | | |
| 06/26/1997 | Order/Clerk's | Filed Clerk's Order Granting Motion. The answering brief shall be served and filed on or before June 30, 1997. | | |
| 07/01/1997 | Appendix | Filed Appendix. Respondent's Appendix, Volumes 1 and 2. (Interdepartmental mail) | | |
| 07/07/1997 | Other | Other. Filed Supplemental Response of Justice Rose to Motion to Disqualify Him. | | |
| 07/15/1997 | Order/Procedural | Filed Order Denying Motion. Order Denying Motions to Disqualify Justice Young. The motions to disqualify Justice Young filed in these cases are hereby denied. fn1[The Honorable Cliff Young, Justice, did not participate in the decision of these motions.] Nos. 24976/29401/29477/29549. | | |
| 07/17/1997 | Motion | Filed Motion. Motion for Leave to File Supplement and/or Response concerning Disqualification of Justice Rose. | | |
| 07/17/1997 | Brief | Received Answering Brief. Mailed on: 7/15/97. | | |
| 07/17/1997 | Motion | Filed Motion. Respondent State of Nevada's Motion to File Brief. | | |
| 07/22/1997 | Order/Clerk's | Filed Clerk's Order Granting Motion. The answering brief provisionally submitted on July 17, 1997, shall be filed, forthwith. | | |
| 07/22/1997 | Brief | Filed Answering Brief. | | |
| 08/19/1997 | Motion | Filed Stipulation and Order. Brief due: September 17, 1997. | | |
| 08/22/1997 | Other | Other. Received Real Party Laura FitzSimmons' Reply to Justice Rose's Supplemental Response to the Motion to Disqualify Him. (Received the original and three copies--one received copy returned.) | | |
| 09/22/1997 | Brief | Filed Reply Brief. Mailed on: 9/20/97--FedEx. | | |
| 11/06/1997 | Other | Other. Returned, unfiled, with letter: Original and one copy of Real Party Laura FitzSimmons' Reply to Justice Rose's Supplemental Response to the Motion to Disqualify Him. In each of the following cases: 29401/29477/29549, pursuant to the Opinion filed October 1, 1997.Nos. 29401/29477/29549. | | |
| 05/20/1998 | Notice/Incoming | Filed Notice of Change of Address. Law Office of Kermitt L. Waters and Laura Wightman FitzSimmons. | | |
| 03/12/1999 | Order/Procedural | Filed Order. Oral argument will not be scheduled and this appeal shall stand submitted as of the date of this order, on the record and briefs filed herein. | | |
| 03/12/1999 | Case Status Update | Submitted for Decision. | | |
| 04/14/1999 | Order/Procedural | Filed Order. We have determined that oral argument would be of assistance in the resolution of this appeal. We vacate our order of March 12, 1999, which submitted this matter on the briefs without oral argument. We direct the clerk to schedule this matter for oral argument on May 12, 1999, at 9:30 a.m. in Las Vegas before the Southern Nevada Panel. Argument shall be limited to 30 minutes. SNP99A-WM/DA/NB | | |
| 04/23/1999 | Motion | Filed Motion. Motion to Continue Oral Argument. | | |
| 04/26/1999 | Notice/Incoming | Filed Proof of Service. | | |
| 05/03/1999 | Order/Procedural | Filed Order Vacating Argument and Rescheduling. This matter is currently scheduled for oral argument on May 12, 1999, at 9:30 a.m. in Las Vegas before the Southern Nevada Panel. On April 23, 1999, respondent filed a motion to continue oral argument. Fn1[Respondent avers that appellant's counsel was informed of the motion prior to its filing and expressed no objection.] We grant the motion. We vacate the currently scheduled oral argument and direct the clerk of the court to reschedule the oral argument for the Southern Nevada Panel's next available oral argument calendar. | | |
| 07/22/1999 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral argument is scheduled for September 22, 1999, at the hour of 9:30 a.m.-- 1/2 hour in Las Vegas. (SNP99B-WM/MS/NB) | | |
| 09/08/1999 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 09/08/1999 | Brief | Filed Supplemental Brief. Respondent's Supplemental Brief (NRAP 31(d)). | | |
| 09/22/1999 | Case Status Update | Submitted for Decision. SNP99B--WM/MS/NB. | | |
| 12/20/1999 | Order/Dispositional | Filed Dispositional Order/Appeal. Affirming in Part, Reversing in Part and Remanding for Further Proceedings. In sum, we conclude that it was error for the district court not to allow C.B.M. to fully cross-examine Morse about the 1990 appraisal, including value. ". . . We remand this case for a new trial on the issue of the fair market value of the land taken in the condemnation." Severance damages are not longer at issue. Fn1[As we are remanding for a new trial on the value of the land taken, the issue of the amount of interest is moot.] SNP99B-WM/MS/NB. | | |
| 01/05/2000 | Filing Fee | Received Filing Fee Paid on Filing. $100 from Laura FitzSimmons--check no. 2133. | | |
| 01/05/2000 | Post-Judgment Petition | Filed Petition for Rehearing. | | |
| 01/18/2000 | Other | Returned Unfiled Document. Pursuant to NRAP 40(d). | | |
| 03/01/2000 | Post-Judgment Order | Filed Order/Rehearing Denied. Shearing, J. and Becker J. Maupin, J., dissenting. SNP990B-WM/MS/NB. | | |
| 03/10/2000 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. Motion for En Banc Reconsideration, Motion for Appointment of Substitute Adjudicators Sufficient to Constitute a Full En Banc Tribunal. Mailed on: 3/9/00--FedEx. | | |
| 03/17/2000 | Remittitur | Issued Remittitur. | | |
| 03/27/2000 | Remittitur | Filed Remittitur. Entering receipt for remittitur. Received by County Clerk on March 22, 2000. | | |
| 10/11/2000 | Other | Disqualification of Justice Leavitt. Recused for en banc reconsideration. | | |
| 11/02/2000 | Post-Judgment Order | Filed Order Denying En Banc Reconsideration. We have reviewed the petition,and we conclude that en banc reconsideration is not warranted. " . . . we deny the petition." fn1[We deny appellant's motion for appointment of substitute adjudicators sufficient to constitute a full en banc tribunal, filed march 10, 2000.] fn2[The Honorable Robert Rose, Chief Justice, and the Honorable Myron Leavitt, Justice, voluntarily recused themselves from participation in the decision of this matter.] En Banc-Young, J., Shearing, J., Agosti, J. and Becker, J. Maupin, J., dissenting. | | 00-19295
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