| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 05/30/2000 | Other | Disqualification of Justice Shearing. Law firm of Gordon & Silver. | | |
| 05/30/2000 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Corporation for Public Internet Access--check no. 1007. | | |
| 05/30/2000 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. | | 00-09019
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| 05/30/2000 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | | |
| 06/02/2000 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Persi J. Mishel. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.) | | |
| 06/12/2000 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 on cross-appeal from Gordon & Silver--check no. 14696. | | |
| 06/12/2000 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. | | 00-09897
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| 06/15/2000 | Notice/Outgoing | Letter. | | |
| 06/20/2000 | Notice of Appeal Documents | Filed Case Appeal Statement. Filed in district court on: June 16, 2000. | | 00-10553
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| 08/30/2000 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 00-15306
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| 08/30/2000 | Notice/Outgoing | Issued Notice to File Docketing Statement. (Docketing statements mailed to counsel for appellant/cross-respondent and respondent/cross-appellant.) Due Date: 15 days | | |
| 09/11/2000 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Upon the filing of the docketing statements, this court shall conduct a preliminary jurisdictional review of this appeal. Appellant/cross-respondent and respondents/cross-appellants: 15 days each to comply with NRAP 9(a). Appellant/cross-respondent: 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). | | 00-15927
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| 09/14/2000 | Docketing Statement | Filed Docketing Statement. Appellant/Cross-Respondent. | | 00-16217
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| 09/21/2000 | Notice/Incoming | Filed Errata. Errata to Appellant/Cross-Respondent's Docketing Statement of Civil Appeal. | | 00-16692
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| 09/27/2000 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: March 28, 29, 30, 2000. To Court Reporter: Tom Mercer. | | 00-17061
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| 09/29/2000 | Notice/Incoming | Filed Proof of Service. (request for transcript of proceedings). | | 00-17249
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| 12/06/2000 | Order/Procedural | Filed Order. On September 27, 2000, appellant/cross-respondent filed a transcript request form requesting court reporter Tom Mercer to prepare and file certified copies of transcripts for proceedings held on March 28, 29, and 30, 2000. On September 29, 2000, appellant/cross-respondent filed a certificate of service of the transcript request form via facsimile. Delivering documents to parties via facsimile is not a proper manner of service. Appellant/cross-respondent shall file a certificate of proper service of the transcript request form within 10 days from the date of this order. Court reporter Mercer shall file and serve certified copies of the requested transcripts within 20 days of receipt of proper service. Respondent/cross-appellant shall file a docketing statement and a transcript request form or certificate of no transcript request within 10 days from the date of this order. (Docketing statement mailed to counsel for respondents/cross-appellants.) | | 00-21293
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| 12/18/2000 | Notice/Incoming | Filed Proof of Service. (12/06/00 Order). | | 00-22058
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| 01/10/2001 | Brief | Filed Opening Brief. Mailed on: Fed Ex 01/09/01. | | 01-00530
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| 01/10/2001 | Appendix | Filed Joint Appendix. | | 01-00531
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| 01/29/2001 | Transcript | Filed Transcript. Proceedings: March 28 and 29, 2000. Court Reporter: Tom Mercer. | | 01-01859
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| 02/07/2001 | Order/Procedural | Filed Order. Court reporter Mercer shall have 20 days from the date of this order to file the remaining transcripts from proceedings held on March 30, 2000, request an extension of time pursuant to NRAP 9(c)(1), or to inform this court in writing why the remaining requested transcript cannot be prepared. On January 11, 2001, respondents/cross-appellants submitted an untimely docketing statement and certificate of no transcript request. In the interest of judicial economy, the clerk of this court shall file the docketing statement and certificate of no transcript request. We admonish counsel for respondents/cross-appellants for submitting untimely documents, and for failing to file a motion for leave to file untimely documents. | | 01-02523
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| 02/07/2001 | Docketing Statement | Filed Docketing Statement. (Respondents/Cross-Appellants.) | | 01-00720
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| 02/07/2001 | Transcript Request | Filed Certificate of No Transcript Request. (Respondents/Cross-Appellants.) | | 01-00722
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| 02/14/2001 | Brief | Filed Answering Brief. Respondents/Cross-Appellants' Brief. Mailed on: 02/12/01. | | 01-02937
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| 02/15/2001 | Transcript | Filed Transcript. Proceedings: 03/20/00. Court Reporter: Tom Mercer. | | 01-02985
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| 03/21/2001 | Brief | Filed Reply Brief. Mailed on: LV Drop Box 03/19/01. | | 01-04975
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| 03/29/2001 | Order/Procedural | Filed Order/Show Cause. Appellant and cross-appellants shall have 20 days from the date of this order to show cause why this appeal and cross-appeal should not be dismissed for lack of jurisdiction. | | 01-05531
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| 04/20/2001 | Motion | Filed Response to Order to Show Cause. Joint Response to Order to Show Cause and Request for Leave to Correct Clerical Mistake in Judgment pursuant to NRCP 60(a). | | 01-06743
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| 10/29/2001 | Order/Procedural | Filed Order. Denying Request for Leave to Correct Clerical Error and Directing Response. In response to our show cause order, the parties assert that the above-mentioned claims were withdrawn prior to trial, and the omission of the claims' resolution from the final judgment was a mere clerical error. We conclude that the district court's failure to dismiss the withdrawn claims and counterclaims in the final judgment was not a clerical error, but was the result of the court's failure to exercise its judicial function. We deny the parties' request for leave to correct a clerical error. The parties shall have 30 days from the date of this order to obtain a written judgment from the district court formally resolving these claims and counterclaims, and transmit a certified copy of the judgment to the clerk of this court. In order to perfect their appeals, the parties must file amended notices of appeal from the judgment or order in compliance with NRAP 4(a). | | 01-18045
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| 12/03/2001 | Motion | Filed Response to Order to Show Cause. Response to Order Denying Request for Leave to Correct Clerical Error and Directing Response (Appellant/Cross-Respondent - Certified copy of Amended Judgment filed November 29, 2001). | | 01-20147
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| 01/02/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. (Richard Bell d/b/a Liberty Realty) | | 02-00007
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| 01/02/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. (Robert Leven, Sandy Leven and RSC Limited Partnership) | | 02-00008
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| 01/25/2002 | Motion | Filed Motion. Motion for Clarification of Order. | | 02-01731
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| 03/21/2002 | Notice/Incoming | Filed Notice. Notice of Bankruptcy of respondent Robert Leven. | | 02-05054
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| 05/06/2002 | Order/Procedural | Filed Order. Order Staying Appeal and Cross Appeal. On March 21, 2002, appellant/cross-responded filed a notice informing this court that respondent/cross-appellant, Robert Leven, had filed for bankruptcy on July 7, 2001. This appeal and cross-appeal are stayed. Because this appeal and cross-appeal remain on this court's active docket, however, counsel for Mr. Leven, attorney David K. Winter, shall file a status report with this court indicating whether the bankruptcy stay is still in effect within 90 days from the date of this order. If however, the bankruptcy stay is lifted prior to that filing date, Mr. Winter shall immediately file a notice with this court and include copies of any relevant orders filed by the bankruptcy court. | | 02-07861
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| 07/22/2002 | Motion | Filed Response to Order to Show Cause. Response to Court's Order Staying Appeal and Cross-Appeal re: Notice of Entry of Order by the Bankruptcy Court Granting Relief from and Annuling the Automatic Stay Thereby Allowing the Appeal to Proceed. | | 02-12475
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| 08/20/2002 | Order/Procedural | Filed Order. Order Lifting Bankruptcy Stay. On July 22, 2002, appellant/cross-respondent ('appellant') filed a notice indicting that the bankruptcy court had entered an order lifting the stay. fn1[On May 6, 2002, order directed counsel for respondent to file a status report on the bankruptcy proceedings by August 5, 2002. Because appellant's notice is sufficient to lift the stay in this appeal, we vacate that portion of our May 6, 2002, order.] An order of the bankruptcy court entered on July 18, 2002, is attached to the notice. That order specifically lifts the automatic stay imposed in this appeal and cross-appeal, as well as in the district court proceedings from which this appeal arose. This appeal may proceed. Any briefing or filing deadlines remain suspended pending this court's resolution of the possible jurisdictional defect addressed in appellant's December 3, 2001, Response to Order to Show Cause and resolution of appellant's January 25, 2002, motion for clarification. | | 02-14178
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| 08/28/2002 | Order/Procedural | Filed Order. Allowing Appeal to Proceed and Directing Supplemental Briefing. As the jurisdictional defect has been cured, this appeal shall proceed. As the briefing has been completed in this matter, appellant filed a motion for clarification. fn1[We note that we stayed this appeal and cross-appeal on May 6, 2002, pursuant to Robert Leven's bankruptcy filing. We lifted our stay of this appeal on August 20, 2002.] We grant appellant's motion, and allow the parties to file supplemental briefs. Appellant shall have 30 days from the date of this order to file and serve a supplemental opening brief. Respondent shall have 30 days thereafter to file and serve a supplemental answering brief. Appellant shall thereafter file any supplemental reply brief within 20 days. | | 02-14759
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| 09/27/2002 | Brief | Filed Supplemental Brief. Appellant's Supplemental Opening Brief. Mailed on: Fed Ex 09/26/02. | | 02-16790
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| 10/01/2002 | Other | Other. Received Table of Contents to Appellant's Supplemental Opening Brief. Attached to inside front cover of original and copies of brief. | | |
| 11/01/2002 | Brief | Filed Supplemental Brief. Respondents/Cross-Appellant's Reply (Answering) Brief with Comment on Appellant's Supplemental Opening Brief. Mailed on: 10/28/02.
(This brief also contains the reply brief on cross-appeal. 10/13/03 order). | | 02-18872
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| 11/12/2002 | Motion | Filed Motion. Motion to Strike "Respondents/Cross-Appellants' Reply Brief with comment on Appellant's Supplemental Opening Brief" and for Sanctions. | | 02-19423
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| 12/02/2002 | Motion | Received Response to Motion. Opposition to Motion to Strike Respondents/Cross-Appellants' Reply Brief. | | 02-20576
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| 04/30/2003 | Notice/Incoming | Filed Notice of Change of Address. Attorney David K. Winter. | | 03-07353
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| 10/13/2003 | Order/Procedural | Filed Order Denying Motion. filed November 12, 2002. On August 28, 2002, this court entered an order allowing this appeal to proceed after the parties remedied a potential jurisdictional defect. That order noted that briefing was completed. Nevertheless, it directed the parties to file supplemental briefs addressing any issues raised anew or altered by the entry of an amended judgment by the district court. On September 27, 2002, appellant/cross-respondent ('appellant') filed his supplemental opening brief. On November 1, 2002, respondents/cross-appellants ('respondents') filed a combined supplemental answering brief and reply brief on cross-appeal. fn1[ Respondents entitled that brief, "Reply Brief With Comment On Appellant's Supplemental Opening Brief."] It appears respondents included a reply brief on cross-appeal under the same cover as the supplemental answering brief because briefing was stayed in this matter prior to the due date for the reply brief on cross-appeal. fn2[Appellant filed a combined reply brief on appeal/answering brief on cross-appeal on March 21, 2001. Accordingly, respondents' reply brief on cross-appeal was not due to be filed until April 21, 2001. This court entered an order to show cause why the appeal and cross-appeal should not be dismissed for lack of jurisdiction on March 29, 2001.] Thus our August 28, 2002, order had erroneously concluded that briefing was completed in this appeal. Appellant has filed a motion to strike respondents' combined brief and for sanctions. Respondents oppose the motion. fn3[Respondents' opposition was filed untimely. Respondents served the opposition by mail on November 25, 2002, and the opposition was received in this court on December 2, 2002. In the interest of judicil economy we direct the clerk of this court to file the opposition received on December 2, 2002.] Noting that the reply brief on cross-appeal comprises the bulk of respondents' combined brief, appellant asserts that the combined brief is "essentially a . . . reply [brief]' that 'is overdue by more than a year and half." Further, appellant argues that he should not be prejudiced by having to expend additional fees and costs responding to the "improper Reply brief." We note that no response is allowed to a reply brief unless granted by this court. See NRAP 31(a)(1). Accordingly, appellant need not expend any costs in responding to the reply brief on cross-appeal. Appellant, may, however, file a supplemental reply brief addressing that portion of respondents' combined brief that includes the supplemental answering brief. Appellant may file that supplemental reply brief within 10 days from the date of this order. Because respondents may file a reply brief on appeal and because appellant need not respond to that brief, we deny appellant's motion to strike and for sanctions. Although we decline to strike any portions of the briefs or impose sanctions as this time, we remind the parties that this court will disregard any issues improperly before it and may impose sanctions if, after further review, we determine that the appellate process has been misused. | | 03-16960
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| 10/13/2003 | Motion | Filed Response to Motion. Opposition to Motion to Strike Respondents/Cross-appellants' Reply Brief. | | 02-20576
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| 11/03/2003 | Case Status Update | Briefing Completed. No reply brief filed. | | |
| 01/21/2004 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on March 10, 2004, at 9:30 a.m. (SNP04S-DA/RR/WM) | | |
| 02/25/2004 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 03/10/2004 | Case Status Update | Submitted for Decision. Before the Southern Nevada Panel. SNP04S-DA/RR/WM. | | |
| 06/11/2004 | Opinion/Dispositional | Filed Per Curiam Opinion. "Reversed and remanded." Before Rose, Maupin and Douglas, JJ. Author: Per Curiam. 120 Nev. Adv. Opn. No. 43. SNP04D | | 04-10803
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| 07/06/2004 | Remittitur | Issued Remittitur. | | 04-11423
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| 07/06/2004 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 07/30/2004 | Remittitur | Filed Remittitur. Received by County Clerk on July 9, 2004. | | 04-11423
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