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United States Court Cases

Nevada Supreme/Appellate Court Record

LAHNER VS. DENIO C/W 40438

Case Information: 39769
Short Caption:LAHNER VS. DENIO C/W 40438Court:Supreme Court
Consolidated:39769*, 40438 Related Case(s): 40438 , 46769
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0101485Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:06/24/2002 / Recanzone, MarioSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/02/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/13/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Steve E. Wenzel--check no. 3004.
06/13/2002Notice 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.) 02-10282
06/24/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Hon. Mario G. Recanzone. (Briefing and preparation of transcripts suspended pending further order of this court.)
06/27/2002Docketing StatementFiled Docketing Statement. 02-11060
06/28/2002Notice/Outgoing Letter. Mario G. Recanzone. (Docketing statement)
08/19/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-14100
08/26/2002Settlement 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). 02-14560
09/05/2002Transcript RequestFiled Certificate of No Transcript Request. 02-15342
09/10/2002Notice/IncomingFiled Notice. Request that Appellant Comply with NRAP 9 Regarding Reporter's Transcript. 02-15644
09/11/2002TranscriptFiled Transcript. Proceedings: March 18, 2002 (2) and March 19-20, 2002. Court Reporter: Isolde Zihn. 02-15804
09/17/2002Notice/IncomingFiled Notice. Notice of Compliance with NRAP 9 (Reporter's Transcript). 02-16204
11/19/2002MotionFiled Motion for Stay. Motion for Stay of Appeal Process. 02-19927
03/21/2003MotionFiled Stipulation. Stipulation to Consolidate Appeals. Nos. 39769/40438. 03-04900
04/01/2003Order/ProceduralFiled Order/Consolidation. We approve the stipulation of March 21, 2003, and consolidate these appeals for all appellate purposes. On November 19, 2002, appellants moved this court to stay the briefing in these consolidated appeals pending the district court's resolution of a motion regarding attorney fees. Our review of the documents filed with this court indicates that the district court entered an order on December 10, 2002, that appears to resolve all issues regarding attorney fees. We deny, as moot, appellants' motions for stay. The settlement judge has filed a status report recommending that the appeal in Docket No. 40438 be removed from the settlement program. We remove the appeal from the settlement conference program and reinstate briefing. Appellants shall have 60 days from the date of this order to file a single opening brief and appendix that addresses all issues being raised in these consolidated appeals. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 39769/40438. 03-05419
04/14/2003Order/ProceduralFiled Order. to file Docketing Statement. Appellants shall, within 10 days from the date of this order, file and serve the docketing statement in Docket No. 40438. fn1[Although these consolidated appeals arise out of the same district court action, the appeals challenge different orders. To assist this court in conducting jurisdictional screening of the appeals, a docketing statement is required for each appeal.] 03-06187
04/24/2003Docketing StatementFiled Docketing Statement. Nos. 39769/40438. 03-07023
06/02/2003BriefFiled Opening Brief. Nos. 39769/40438. 03-09217
06/02/2003AppendixFiled Joint Appendix. Vols. 1 through 5. Nos. 39769/40438. 03-09218
06/25/2003MotionFiled Stipulation and Order. Brief due: August 5, 2003. Nos. 39769/40438. 03-10645
08/05/2003MotionFiled Motion to Extend Time. Nos. 39769/40438 03-13151
08/07/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed August 5, 2003. Respondent shall have until August 11, 2003, to file and serve the answering brief. Nos. 39769/40438. (03-13213) 03-13213
08/12/2003BriefFiled Answering Brief. Nos. 39769/40438. 03-13448
09/05/2003MotionFiled Motion to Extend Time. Appellants' Rule 26 Motion for Enlargement of Time to file Reply Brief. Nos. 39769/40438. (03-14935) 03-14935
09/10/2003Order/ProceduralFiled Order Granting Motion. filed September 5, 2003. Appellants shall have until November 21, 2003, to file and serve the reply brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. Nos. 39769/40438. (03-15132) 03-15132
09/10/2003Notice/IncomingFiled Errata. Errata to Respondent's Answering Brief. Nos. 39769/40438. 03-15158
11/21/2003BriefFiled Reply Brief. Nos. 39769/40438. 03-19495
01/27/2004Order/ProceduralFiled Order/Show Cause. In April 2003, the appeals were consolidated. Appellant shall have 30 days from this order's date to show cause why the appeal in docket No.39769 should not be dismissed for lack of jurisdiction. Failure to demonstrate that this court has jurisdiction may result in the dismissal of the appeal in docket No. 39769, thereby limiting appellate review to the district court's attorney fee orders in Docket No. 40438. Respondent may file any reply within 10 days from the date that appellants' response is served. Nos. 39769/40438. (04-01610) 04-01610
02/25/2004MotionFiled Response to Order to Show Cause. Appellants' Response to this Court's January 27, 2004 Order to Show Cause. Nos. 39769/40438 04-03636
03/09/2004MotionFiled Reply to Response. Reply of Respondent Dale Denio to Appellants' Response to Order to Show Cause. Nos. 39769/40438. 04-04474
07/28/2004Order/ProceduralFiled Order. Allowing Appeal to Proceed. In April 2003, the appeals were consolidated. When our preliminary review of the docketing statement and the NRAP 3(e) documents revealed a potential jurisdictional defect in the appeal docketed as No. 39769, we ordered appellants to show cause why that appeal should not be dismissed. We conclude that appellants' second motion to alter and amend was not an NRCP 52(b) or 59(e) tolling motion. The second motion renewed the first motion, which, as respondent noted below, simply 'rehash[ed] arguments and evidence unsuccessfully advanced at trial. Consequently, appellants' notice of appeal designating the May 23, 2002 judgment was not rendered ineffective by being filed before the district court resolved appellants' second motion. Accordingly, this appeal shall proceed as briefed. Nos. 39769/40436. (04-13704) 04-13704
03/02/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. Nos. 39769/40438. (05-04103) 05-04103
03/02/2005Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP05-WM/MD/RP. Nos. 39769/40438.
05/17/2005Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part and Remanding With Instructions. "We reverse that portion of the district court's judgment awarding the entire interest in the second option to Denio, affirm the remainder and remand this matter to the district court." Nos. 39769/40438. 05-09619
06/14/2005RemittiturIssued Remittitur. 05-09746
06/14/2005Case Status Update Remittitur Issued/Case Closed.
06/27/2005RemittiturFiled Remittitur. Received by District Court Clerk on June 16, 2005. 05-09746