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United States Court Cases

Nevada Supreme/Appellate Court Record

SWIFT VS. SHORELINE CONDOMINIUM ASS'N

Case Information: 37709
Short Caption:SWIFT VS. SHORELINE CONDOMINIUM ASS'NCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0002458Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:04/26/2001 / Chubb, JanetSP Status:Completed
Oral Argument:06/09/2003 at 10:30 AMOral Argument Location:Carson City
Submission Date:06/09/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/16/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Del Hardy Esq.--check no. 3142.
04/16/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. 01-06503
04/26/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Janet Chubb. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
05/09/2001MotionFiled Motion for Stay. Motion for Stay Pending Appeal. 01-07789
05/17/2001MotionFiled Response to Motion. Opposition to Appellant's Motion for Stay Pending Appeal. 01-08218
06/12/2001Order/ProceduralFiled Order Granting Motion. Order Granting Stay. We grant Swift's motion and hereby stay the March 29, 2001 injunction in District Court Casee No. CV00-02458 pending our review of this appeal. 01-09820
06/15/2001MotionFiled Motion to Dismiss Appeal. 01-10069
06/21/2001MotionFiled Response to Motion. 01-10530
06/25/2001Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)),
12/18/2001Order/ProceduralFiled Order. Pursuant to the written request of the settlement judge, this appeal is removed from the settlement conference program pending a decision on respondent's motion to dismiss this appeal for lack of jurisdiction. Appellant shall file the docketing statement within 15 days from the date of this order. If this court determines that jurisdiction is proper, settlement conference proceedings pursuant to NRAP 16 shall resume. (Docketing statement mailed to counsel for appellant). 01-21312
01/03/2002Docketing StatementFiled Docketing Statement. 02-00134
01/08/2002Notice/IncomingFiled Notice. Notice of Filing of Incorrect Docketing Statement (Response to docketing statement). 02-00468
06/03/2002Order/ProceduralFiled Order Resolving Motion or Stipulation. Respondent has filed a motion to dismiss. Appellant has filed an opposition. NRAP 3A(b)(2) specifically permits an appeal from an order granting an inunction, notwithstanding the presence of unadjudicated claims or counterclaims. We deny the motion to dismiss. Settlement conference proceedings, postponed at the settlement judge's request during the pendency of the motion to dismiss, may now resume. Within 30 days from this order's date, the settlement judge shall schedule a settlement conference. 02-09614
07/15/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-12101
07/23/2002Settlement 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: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 02-12601
08/05/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: February 15, 2001. To Court Reporter: Donna Davidson. 02-13322
08/07/2002Notice/IncomingFiled Notice. Notice of Additional Transcripts. (Respondent demands the Appellant to file and serve a supplemental transcript request.) 02-13479
11/15/2002BriefFiled Opening Brief. Mailed on: Hand delivered 11/15/02. 02-19701
11/15/2002AppendixFiled Joint Appendix. 02-19702
11/25/2002BriefFiled Answering Brief. Mailed on 11/21/02. 02-20245
11/25/2002AppendixFiled Appendix to Answering Brief. 02-20246
01/13/2003Case Status Update Briefing Completed. No reply brief filed.
02/27/2003Order/ProceduralFiled Order. On August 5, 2002, appellant filed a transcript request form requesting the production of the February 15, 2001, transcript from court reporter Donna Davidson. We note that this court has not received a certified copy of any transcript of proceedings and that there were no transcripts included in the joint appendix. In the interest of judicial efficiency, we waive NRAP 9(b) requiring the court reporter to file a certified copy of the February 15, 2001, transcript with this court. Appellant shall have 10 days from the date of this order to file and serve a supplemental appendix that includes the transcripts of proceedings for both February 15, 2001, and March 14, 2001. On August 7, 2002, respondent filed a document entitled 'Notice of Additional Transcript Portions.' We note that this notice does not comply with the Nevada Rules of Appellate Procedure. Accordingly, we will take no action with respect to the notice. Within 10 days from the date of this order, respondent may file and serve a supplemental transcript request form in accordance with NRAP 9(a)(2) if there are transcripts other than the February 15, 2001, and March 14, 2001, transcripts that are necessary for this court's review of this case. On November 25, 2002, respondent filed the answering brief and appendix. A cursory review of the answering brief reveals that the transcript citations are deficient because they do not specify a particular proceeding. We caution respondent that future violations of NRAP 28(e) may result in the striking of the entire brief. 03-03233
03/06/2003AppendixFiled Appendix. Appellant's Supplemental Appendix pursuant to Court's Order Dated February 27, 2003. (Transcripts of proceedings for February 15, 2001 and March 14, 2001). 03-03818
04/28/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on June 9, 2003, at 10:30 a.m. (NNP03-RR/WM/MG)
05/27/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
06/09/2003Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP03-RR/WM/MG
06/18/2003Order/DispositionalFiled Order of Affirmance. "ORDER the decision of the district court granting the injunction based upon 42 USCA sec. 3604(3) AFFIRMED and remand this case for further proceedings consistent with this order." fn12[We vacate our June 12, 2001, order granting a stay.] Rose, J. and Gibbons, J. Maupin, J., concurring in part and dissenting in part. NNP03-RR/WM/MG 03-10196
07/15/2003RemittiturIssued Remittitur. 03-10379
07/15/2003Case Status Update Remittitur Issued/Case Closed.
07/31/2003RemittiturFiled Remittitur. Received by County Clerk on July 16, 2003. 03-10379