search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 35064
Short Caption:IN RE: TRUST OF WALTERCourt:Supreme Court
Related Case(s): 40758 , 46802
Lower Court Case(s):Clark Co. - Eighth Judicial District - P40190Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:11/04/1999 / Berkson, LesterSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:06/26/2001How Submitted:On Briefs

+ Party Information

Docket Entries
11/03/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Cary Colt Payne, Chtd.--check no. 3204.
11/03/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-10780
11/04/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
01/11/2000MotionFiled Motion. Notice of Withdrawal of the law firm of James, Driggs, Walch, Santoro, Kearney, Johnson & Thompson attorney for respondent. 00-00465
03/09/2000Notice/IncomingFiled Notice of Appearance. Representing respondent: Frank J. Cremen. 00-03731
03/16/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: April 11, 2000. 00-04178
04/20/2000Order/ProceduralFiled Order Granting Motion. The clerk of this court shall amend the docket in this matter by deleting the law firm of James, Driggs, Walch, Santoro, Kearney, Johnson & Thompson and by substituting attorney Frank J. Cremen as counsel for respondent Patricia Walter Berg. fn1[In the event out-of-state attorney Lawrence Caplan desires to represent respondent Berg in this matter, attorney Caplan must comply with SCR 42.] Attorney Cremen is expected to participate in the settlement conference scheduled in this matter. 00-06322
05/01/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: For futher negotiations for about 45 days. 00-07086
05/24/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-08699
05/24/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
06/01/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. 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 and serve the opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 00-09240
06/05/2000MotionFiled Motion. Motion for Protective Order and Declaration of Jurisdiction. 00-09439
06/08/2000Docketing StatementFiled Docketing Statement. 00-09659
06/14/2000Order/ProceduralFiled Order Denying Motion. Order Denying Motion for a Protective Order and Declaration of Jurisdiction. Based upon the documents provided by respondent, it appears that the order on appeal, involving a determination of the relative interests of the parties with respect to the trust, is collateral to the proceedings pending in the district court, involving a petition to remove respondent as trustee for failure to file an accounting. Respondent has not demonstrated to the contrary. fn1[Respondent has not provided this court with either petition filed in the district court, or any other pertinent documentation demonstrating that these matters are not collateral.] We deny the motion. 00-10068
06/14/2000Docketing StatementFiled Response to Docketing Statement. 00-10108
06/14/2000MotionFiled Response to Motion. Opposition and Counter Motion to Direct Co-Trustee to Render Accounting in Accordance with the District Court or Post Bond. 00-10107
06/19/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/4/99. To Court Reporter: Yvonne Valentin. 00-10464
07/21/2000Order/ProceduralFiled Order Denying Motion. On June 5, 2000, respondent filed in this court a motion for a protective order and declaration of jurisdiction. On June 14, 2000, this court entered an order denying respondent's motion. On the same day, appellant filed an opposition and a countermotion in which appellant requested that this court deny respondent's motion or, in the alternative, direct respondent as trustee to render an accounting in the event that this court granted respondent's motion. In light of this court's June 14, 2000, order denying respondent's motion for a protective order and declaration of jurisdiction, appellant's countermotion is denied as moot. 00-12598
08/09/2000MotionFiled Motion and Order Extending Time. Brief due: October 30, 2000. 00-13829
10/30/2000Notice/IncomingFiled Notice of Change of Address. 00-19128
11/13/2000TranscriptFiled Transcript. Proceedings: 10/4/99. Court Reporter: Yvonne M. Valentin. 00-19762
11/21/2000MotionFiled Motion to Extend Time. 00-20416
12/06/2000Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including December 21, 2000, to file and serve the opening brief and appendix. We do no expect any further requests for extensions of time absent extreme and unforeseeable circumstances. 00-21326
12/21/2000BriefFiled Opening Brief. Mailed on: LV Drop Box 12/20/00. 00-22222
12/21/2000AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 00-22225
01/19/2001BriefFiled Answering Brief. Mailed on: 01/16/01. 01-01244
02/12/2001BriefFiled Reply Brief. Mailed on: LV Drop Box 2/9/01. 01-02740
02/14/2001Notice/IncomingFiled Certificate of Compliance. To Appellant's Reply Brief. (Placed in original and copies of reply brief.) 01-02922
06/26/2001Order/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. NRAP 34(f)(1). 01-10767
06/26/2001Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP01A-CY/ML/NB
10/05/2001Order/DispositionalFiled Order of Affirmance. We "ORDER the judgment of the district court AFFIRMED." - SNP01A-CY/ML/NB 01-16776
10/30/2001RemittiturIssued Remittitur. 01-16946
10/30/2001Case Status Update Remittitur Issued/Case Closed.
11/09/2001RemittiturFiled Remittitur. Received by County Clerk on November 2, 2001. 01-16946