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United States Court Cases

Nevada Supreme/Appellate Court Record

STEWART VS. STEWART C/W 44064

Case Information: 39563
Short Caption:STEWART VS. STEWART C/W 44064Court:Supreme Court
Consolidated:39563*, 44064 Related Case(s): 34219 , 44064
Lower Court Case(s):Washoe Co. - Second Judicial District - DV9502299Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/17/2002 / Worrell, CarolynSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:01/11/2006How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/30/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Smith & Harmer--check no. 4492.
04/30/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 02-07625
05/10/2002Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 02-08245
05/14/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Hardy & Woodman--check no. 2033.
05/14/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 02-08405
05/14/2002Notice/OutgoingIssued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired.
05/17/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/22/2002Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 02-09004
05/24/2002Notice/Outgoing Letter. Carolyn Worrell. (Docketing statement)
05/29/2002Notice/IncomingFiled Proof of Service. for docketing statement. 02-09377
08/23/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-14559
09/09/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant/cross-respondent and respondents/cross-appellants each: 15 days to comply with NRAP 9(a). Appellant/cross-respondent: 120 days to file and serve opening brief and appendix. Respondents/cross-appellants: 30 days thereafter to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant/cross-respondent: 30 days thereafter to file a combined reply brief on appeal and answering brief on cross-appeal. Respondents/cross-appellants: 30 days thereafter to file and serve a reply brief on cross-appeal. 02-15486
09/19/2002Transcript RequestFiled Certificate of No Transcript Request. (Respondent/Cross-Appellant.) 02-16337
09/25/2002Transcript RequestFiled Certificate of No Transcript Request. (Appellant/Cross-Respondent) 02-16605
11/22/2002Order/ProceduralFiled Order/Show Cause. Response due from appellant/cross-respondent: 30 days from the date of this order. The briefing schedule is hereby suspended pending further order of this court. 02-20147
12/24/2002MotionFiled Response to Order to Show Cause. 02-22018
10/03/2003Order/ProceduralFiled Order. Dismissing Appeal and Allowing Cross-Appeal to Proceed. In response to our show cause order, appellant/cross-respondent has submitted a copy of her motion filed in the district court for a claim against the funds on deposit in which she clearly requested attorney fees. It is well established that a notice of appeal filed before a written order is entered is ineffective and fails to confer jurisdiction in this court. Until a court reduces its decision to writing, it remains free to decide an issue in favor of either side. As we lack jurisdiction, " . . . we order appellant/cross-respondent's appeal dismissed." We note, however, that appellant may appeal from any written order denying her attorney fees request. The cross-appeal may proceed. We direct the clerk of this court to modify the caption to reflect that Merl F. Stewart is re-designated as the appellant and Vera L. Stewart is re-designated as the respondent. We reinstate the briefing schedule. Merl F. Stewart shall have 120 days from this order to file and serve his opening brief and appendix. Briefing shall thereafter proceed in accordance with NRAP 31(a)(1). 03-16519
01/26/2004MotionFiled Motion to Extend Time. 04-01541
01/28/2004Order/Clerk'sFiled Clerk's Order Granting Motion. filed January 26, 2004. Appellant shall have until March 1, 2004, to file and serve the opening brief and appendix. 04-01761
03/01/2004BriefFiled Opening Brief. 04-03816
03/01/2004AppendixFiled Joint Appendix. 04-03818
04/09/2004MotionFiled Motion to Extend Time. 04-06639
04/12/2004Order/Clerk'sFiled Clerk's Order Granting Motion. filed April 9, 2004. Respondent shall have until May 3, 2004, to file and serve the answering brief. 04-06713
05/05/2004BriefFiled Answering Brief. 04-08247
05/05/2004AppendixFiled Appendix to Answering Brief. 04-08248
05/26/2004MotionFiled Stipulation and Order. Brief due: July 2, 2004. 04-09720
07/02/2004BriefFiled Reply Brief. 04-12219
07/26/2004Order/Clerk'sFiled Clerk's Order. to file Table of Contents. Respondent shall file a table of contents for the answering brief within 10 days from the date of this order. 04-13482
08/10/2004Other Other. Filed Table of Contents to Answering Brief. Attached to inside front cover of original and copies of brief. 04-14449
07/12/2005Notice/IncomingFiled Substitution of Attorneys. Ryan Earl in place of Hardy & Woodman. 05-13892
07/13/2005Notice/IncomingFiled Substitution of Attorneys. Original Copy. 05-13892
07/14/2005Order/ProceduralFiled Order/Consolidation. Because these appeals arise from the same district court case, we conclude that judicial economy will be served by resolving the appeals together. These appeals are hereby consolidated. Nos. 39563/44064. (05-14041) 05-14041
01/11/2006Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled and these appeals shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. Nos. 39563/44064. (06-00779) 06-00779
01/11/2006Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP06-MD/NB/RP. Nos. 39563/44064
04/19/2006Order/DispositionalFiled Order of Affirmance. These are consolidated appeals. "We affirm the district court's orders." NNP06-MD/NB/RP. Nos. 39563/44064. 06-08331
05/16/2006RemittiturIssued Remittitur. 06-08736
05/16/2006Case Status Update Remittitur Issued/Case Closed.
06/05/2006RemittiturFiled Remittitur. Received by District Court Clerk on May 17, 2006. 06-08736