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United States Court Cases

Nevada Supreme/Appellate Court Record

WICHERT VS. WICHERT C/W 34357

Case Information: 33809
Short Caption:WICHERT VS. WICHERT C/W 34357Court:Supreme Court
Consolidated:33809*, 34357 Related Case(s): 34357
Lower Court Case(s):Clark Co. - Eighth Judicial District - D198590Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/08/1999 / Backus, LelandSP Status:Completed
Oral Argument:09/17/2002 at 8:30 AMOral Argument Location:Las Vegas Office
Submission Date:09/17/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/25/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Marshal S. Willick, P.C.--check no. 5857.
02/25/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 99-01278
03/08/1999MotionFiled Stipulation. Stipulation and Order to Continue Time Within Which to File Request for Transcript of Proceedings and Docketing Statement Civil Appeals. 99-01604
03/08/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Leland Eugene Backus. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/30/1999Order/ProceduralFiled Order/Motion Granted in Part. We grant the motion with respect to the docketing statement and deny the motion as premature with respect to the request for transcripts. On Ma5rch 8, 1999, a notice of settlement conference was issued which automatically stays the time for filing a request for transcripts. The clerk shall forthwith file the docketing statement, provisionally submitted on March 16, 1999. 99-02350
03/30/1999Docketing StatementFiled Docketing Statement. 99-01882
04/15/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-02949
04/26/1999Order/ProceduralFiled Order. Pursuant to NRAP 16(g), the settlement judge has filed a report indicating that the parties were unable to agree to a settlement of this matter. Nevertheless, the time deadlines for requesting and preparing transcripts and briefing shall remain suspended pending a jurisdictional review of this appeal and further order of this court. 99-03277
04/28/1999Order/ProceduralFiled Order. The parties were unable to agree to a settlement of this appeal. Appellant shall have 15 days from the date of this order to comply with the provisions of NRAP 9(a) and 120 days to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 99-03380
05/07/1999Transcript RequestFiled Request for Transcript of Proceedings. 03/26/98; 03/30/98; and 04/23/98 Proceedings: To Court Reporter: unknown. 99-03672
06/16/1999TranscriptFiled Transcript. Proceedings: March 26, 1998, March 30, 1998 and April 23, 1998. Court Reporter: Deborah S. Casper. 99-05199
06/28/1999TranscriptFiled Transcript. Proceedings: 2/2/99. Court Reporter: Deborah S. Casper. 99-05625
08/25/1999MotionFiled Stipulation. Stipulation to Consolidate Appeals. (Nos. 33809 and 34357). 99-07930
08/25/1999MotionFiled Stipulation. Stipulation to Extend Time for Filing of Consolidated Opening Brief. (Nos. 33809 and 34357). 99-07931
09/22/1999Order/ProceduralFiled Order. We defer ruling on the parties' stipulation to consolidate. We stay briefing in Docket No. 33809 pending resolution of the settlement conference in Docket No. 34357. We disapprove as moot the stipulation for an extension of time to file the opening brief in Docket No. 33809. Should the parties fail to settle in Docket No. 34357 and these appeals be consolidated, a new briefing schedule for the consolidated appeals shall issue. Nos. 33809, 34357. 99-09035
09/23/1999MotionFiled Motion to Extend Time. Motion to extend time for filing of Consolidated Opening Brief. Nos. 33809, 34357. 99-09076
01/28/2000Order/ProceduralFiled Order. On December 20, 1999, a settlement conference report was filed for Docket Number 34357. The parties were unable to agree to a settlement of that matter. We approve the parties' stipulation to consolidate Docket Numbers 33809 and 34357 for all appellate purposes. Appellant shall file and serve a single opening brief and appendix within 45 days of the date of this order. Thereafter, briefing will proceed in accordance with NRAP 31(a)(1). We deny as moot appellant's September 23, 1999, motion for an extension of time to file an opening brief. Nos. 33809, 34357. 00-01434
03/14/2000MotionFiled Motion to Extend Time. Motion to Extend Time for the Filing of Appellant's Consolidated Opening Brief. (Nos. 33809 and 34357). 00-04024
03/16/2000Order/Clerk'sFiled Clerk's Order. The appellant's opening brief and appendix shall be served and filed on or before May 12, 2000. Nos. 33809, 34357. 00-04154
05/15/2000MotionFiled Motion and Order/Excess Pages. Granted: 36 pages (Appellant's Opening Brief). Nos. 33809, 34357. Document no. 00-08039. 00-08039
05/15/2000BriefFiled Opening Brief. Mailed on: 5/12/00. Nos. 33809 and 34357. 00-08089
05/15/2000AppendixFiled Appendix to Opening Brief. Vols. 1 through 4. Nos. 33809 and 34357. 00-08090
06/07/2000MotionFiled Motion. Motion to Withdraw as Attorney of Record and for Additional Time to File Answering Brief (nos. 33809/34357). 00-09647
07/18/2000Order/ProceduralFiled Order Granting Motion. On June 7, 2000, attorney Stephen R. Minagil filed a motion to withdraw as attorney of record for respondent and for additional time to file the answering brief. We grant attorney Minagil's unopposed motion to withdraw as attorney of record for respondent. Attorney Minagil shall serve a copy of this order on respondent and shall file proof of such service within 10 days of the date of this order. Respondent shall, within 40 days from the date of this order, retain new counsel to represent her and to enter an appearance with this court. Respondent's answering brief shall be served and filed within 30 days from the date counsel enters an appearance with this court. Briefing shall proceed with NRAP 31(a)(1). Failure to comply with this order may result in this appeal being submitted for decision upon appellant's opening brief and appendix. Nos. 33809, 34357. 00-12417
07/26/2000Notice/IncomingFiled Proof of Service. --certificate of mailing 7/18/00 order to respondent Susan M. Wichert from attorney Stephen R. Minagil. Nos. 33809/34357 00-12976
08/28/2000Notice/IncomingFiled Notice of Appearance. Notice of Appearance of Counsel for Respondent. Bruce I. Shapiro hereby enters his appearance as coounsel of record for Respondent Susan M. Wichert n/k/a Susan M. Sisolak (nos. 33809/34357). 00-15052
09/18/2000MotionFiled Motion to Extend Time. Sixty day extension. Nos. 33809, 34357. 00-16458
09/20/2000Order/ProceduralFiled Order Granting Motion. We grant respondent's motion for an extension of time, to and including November 27, 2000, to file the answering brief. We do not expect further requests for extensions of time absent extreme and unforeseeable circumstances. Nos. 33809, 34357. 00-16588
09/29/2000MotionFiled Motion. Motion to Disqualify Attorney for Respondent/Appellant. (Nos. 33809 and 34357). 00-17232
10/05/2000MotionFiled Response to Motion. Opposition to Motion to Disqualify Attorney for Respondent/Appellant. Nos. 33809/34357. 00-17665
10/18/2001Order/ProceduralFiled Order Granting Motion. filed September 29, 2000. We grant appellant's motion to disqualify Mr. Shapiro from representing respondent in these consolidated appeals. Mr. Shapiro shall serve a copy of this order on respondent and file proof of service of that order on respondent with the clerk of this court within 10 days. Further, respondent shall obtain new counsel and cause counsel to file a notice of appearance with this court within 60 days from the date of this order, or alternatively, inform this court that she will not be retaining new counsel. If new counsel is not retained, this matter may be submitted for decision on appellant's opening brief and appendix. All other filing dates relating to briefing deadlines are suspended pending further order of this court. Nos. 33809/34357 01-17576
11/13/2001Notice/IncomingFiled Notice of Appearance. Representing respondent: Stephen R. Minagil. Nos. 33809/34357 01-18915
12/24/2001Order/ProceduralFiled Order. We hereby vacate the portion of our October 18, 2001, order requiring Mr. Shapiro to file a proof of service. Respondent shall file and serve the answering brief within 30 days from the date of this order. Nos. 33809/34357. 01-21601
01/24/2002MotionFiled Motion and Order/Excess Pages. Granted: 38 pages. Nos. 33809/34357 02-01625
01/24/2002BriefFiled Answering Brief. Mailed on: Fed Ex 01/23/02. Nos. 33809/34357. 02-01637
02/25/2002BriefFiled Reply Brief. Mailed on: 02/21/02. Signed by: Marshal S. Willick. Nos. 33809/34357. 02-03475
07/25/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 17, 2002, at 8:30 a.m. (SNP03-MS/ML/NB) (Nos. 33809/34357)
09/03/2002Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 33809/34357
09/17/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP03-MS/ML/NB. Nos. 33809/34347.
11/21/2002Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part and Remanding. "We affirm the district court's final decree of divorce and reverse those portions of the post-judgment orders awarding Susan a one-quarter interest in the tree farm and $50,000 in community property from the Wells Fargo and Schwab accounts. We remand this matter to the district court for proceedings consistent with this order." SNP03-MS/ML/NB. Nos. 33809/34357. 02-20051
12/12/2002Filing FeeReceived Filing Fee Paid on Filing. $100 from The Law Office of Marshal S. Willick, P.C.--check no. 14404.
12/12/2002Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: 12/9/02. Nos. 33809/34357 02-21283
12/19/2002MotionFiled Motion to Extend Time. Motion for Extension of Time to File Response to Petition for Rehearing. Nos. 33809/34357. 02-21786
01/03/2003Order/ProceduralFiled Order Denying Motion. On December 19, 2002, respondent filed a "Motion for an Extension of Time to File Response to Petition for Rehearing." Because this court has not directed respondent to file an answer, we deny the motion as moot. Nos. 33809/34357. 03-00178
02/05/2003Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing. Having reviewed the petition, it appears that an answer will assist the court in resolving the issues presented. Respondent shall have 15 days from the date of this order to file and serve an answer to the petition. Nos. 33809/34357. (03-01942) 03-01942
02/20/2003Post-Judgment PetitionFiled Answer to Petition for Rehearing. Respondent's Opposition to Petition for Rehearing. Nos. 33809/34357. 03-02888
03/19/2003Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). fn1[We have issued this same day an Amended Order Affirming in Part, Reversing in Part and Remanding that corrects a mathematical error in our original order concerning the amount of the omitted community property to be awarded to Susan Wichert.] SNP03-MS/ML/NB. No. 33809/34357. 03-04642
03/19/2003Order/DispositionalFiled Dispositional Order/Appeal. Amended Order Affirming in Part, Reversing in Part and Remanding. "We affirm the district court's final decree of divorce and reverse those portions of the post-judgment orders awarding Susan a one-quarter interest in the tree farm and $50,000 in community property from the Wells Fargo and Schwab accounts. We remand this matter to the district court for proceedings consistent with this order." SNP03-MS/ML/NB. Nos. 33809/34357. 03-04643
04/15/2003RemittiturIssued Remittitur. 03-05052
04/15/2003Case Status Update Remittitur Issued/Case Closed.
04/28/2003RemittiturFiled Remittitur. Received by County Clerk on April 17, 2003. 03-05052