| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 09/24/2002 | Other | Disqualification of Justice Leavitt. Law firm of Hale Lane Peek Dennison Howard & Anderson. | | |
| 09/24/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Weule, Broyles & Mondo, LLP-check no. 1379. | | |
| 09/24/2002 | Notice of Appeal Documents | Filed 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.) | | 02-16550
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| 09/30/2002 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 10/04/2002 | Docketing Statement | Filed Docketing Statement. | | 02-17224
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| 10/04/2002 | Notice/Outgoing | Letter. Carolyn Worrell. (Docketing statement) | | |
| 11/14/2002 | Motion | Filed Motion. Application for Stay Orders, or in the Alternative, for an Order Enjoining Transfer or Encumbering of Real Property Pending Appeal or, in the Alternative, for an Oder Setting the Amount of a Supersedeas Bond. | | 02-19628
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| 11/14/2002 | Notice/Incoming | Filed Proof of Service. (Application for Stay Orders, or in the Alternative, for an Order Enjoining Transfer or Encumbering of Real Property Pending Appeal or, in the Alternative, for an Oder Setting the Amount of a Supersedeas Bond). | | 02-19633
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| 11/18/2002 | Order/Procedural | Filed Order Denying Motion. Denying Petition for Alternative Writ of Prohibition (Docket No. 40476 and Motion for Stay (Docket Nos. 40258/40476). After reviewing the motion, we conclude that the residual heirs have failed to demonstrate that these factors militate in favor of a stay. Accordingly, we deny the motion for stay in Docket Nos. 40258 and 40476. The residual heirs have not demonstrated that our intervention is warrant at this time. We deny the petition in Docket No. 40476. Nos. 40258/40476-cases are not consolidated. | | 02-19777
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| 12/05/2002 | Filing Fee | Returned Filing Fee. Check No. 1463 returned to Weule firm in the amount of $100.00 - fee not required. | | |
| 12/05/2002 | Motion | Filed Motion. Motion for Reconsideration of November 18, 2002 order (entitled Petition for Rehearing). | | 02-20849
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| 12/18/2002 | Motion | Filed Motion. Respondent's Motion for Leave to File an Opposition to Appellants' "Petition for Rehearing," which has been deemed by the court to be a Motion for Reconsideration. | | 02-21645
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| 12/23/2002 | Notice/Incoming | Filed Proof of Service. for Motion for Leave to File Opposition and Opposition to Petition for Rehearing. | | 02-21929
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| 12/23/2002 | Notice/Incoming | Filed Proof of Service. for Petition for Rehearing. | | 02-21962
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| 12/30/2002 | Order/Procedural | Filed Order Denying Motion. Denying Motion to Reconsider Request for Stay. On December 5, 2002, appellants filed a motion for reconsideration of the November 18 order as it pertains to the request for a stay. Having considered the motion, we conclude that appellants have failed to demonstrate that relief is warranted. We deny the motion. fn1[The November 2002 order also denied the alternative writ of prohibition in docket No. 40476.] | | 02-22194
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| 01/02/2003 | Motion | Filed Response to Motion. Reply to Respondent's Motion for Leave to File an Opposition to Appellant's Petition for Rehearing. | | 02-22249
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| 01/15/2003 | Notice/Incoming | Filed Proof of Service. (Reply to Respondent's Motion for Leave to File an Opposition to Appellants' Petition for Rehearing ; Certificate of Service by Mail). | | 03-00814
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| 02/12/2003 | Order/Procedural | Filed Order Denying Motion. On November 18, 2002, this court denied appellants' motion for a stay in docket Nos. 40258 and 40476. On December 5, 2002, appellants filed a motion for reconsideration of the November 18 order a it pertained to the request for a stay. On December 30, 2002, we deny appellants' motion to reconsider the request for stay. In light of our December 30 order, respondents' December 18, 2002 motion to file an opposition and appellants' January 2, 2003 reply are moot. We deny respondents' motion to file an opposition and direct the clerk of this court to return unfiled the opposition provisionally received on December 18, 2002. | | 03-02490
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| 02/12/2003 | Notice/Outgoing | Issued Letter. to attorney Patricia C. Halstead. Returned unfiled, the original "Respondent's Opposition to Appellants' Petition for Rehearing" received December 18, 2002. | | |
| 03/12/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: March 25, 2003. | | 03-04195
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| 03/25/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 03-05050
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| 04/01/2003 | Settlement Order/Procedural | Filed 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). | | 03-05441
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| 04/16/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 05/06/97, 05/20/97, 11/04/97, 06/30/98, 01/12/99, 04/27/99, 07/07/99, 03/31/2000, and 12/11/2001. To Court Reporter: Lola Sharp, Anita C. Fillmore, Naomi Sichak and Kathy Terhune. | | 03-06524
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| 07/17/2003 | Motion | Filed Motion and Order Extending Time. Brief due: August 29, 2003. | | 03-12139
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| 07/18/2003 | Motion | Filed Response to Motion. Respondents' Non-Opposition to Application for Extension of Time to File Opening Brief. | | 03-12177
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| 08/27/2003 | Notice/Incoming | Filed Notice of Association of Counsel. R. Clay Hendricks (already listed as counsel for appellants). | | 03-14449
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| 09/05/2003 | Motion | Filed Motion to Dismiss Appeal. | | 03-14954
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| 09/11/2003 | Notice/Incoming | Filed Proof of Service. Association of Counsel. | | 03-15259
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| 09/12/2003 | Motion | Filed Response to Motion. Opposition to Motion to Dismiss Appeal; and Request for Relief from Short Tardiness to file Second Request to Extend Time to file Opening Brief; Declaration of Samuel G. Broyles, Jr. in Support Thereof. | | 03-15287
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| 09/12/2003 | Motion | Filed Motion to Extend Time. Application for Extension of time to file Opening Brief (second request). | | 03-15288
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| 09/26/2003 | Other | Other. Filed Supplemental Decaration of Samuel G. Broyles, Jr., Esq. in Support of Opposition to Motion to Dismiss Appeal and Request for Second Extension to file Opening Brief. | | 03-16142
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| 09/29/2003 | Motion | Filed Motion to Extend Time. (Third Request) | | 03-16182
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| 10/07/2003 | Motion | Filed Response to Motion. Respondent's Opposition to Appellants' Application for Extension of Time to File Opening Brief (Third Request). | | 03-16688
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| 10/15/2003 | Order/Procedural | Filed Order. to file Transcripts, Denying Motion to Dismiss, and Granting Third Extension to file Opening Brief and Appendix. On April 16, 2003, appellants filed a transcript request form requesting court reporters Lola Sharp, Anita C. Fillmore, Naomi Sichak, and Kathy Terhune to produce transcripts for proceedings held on May 6, 1997; May 20, 1997; November 4, 1997; June 30, 1998; January 12, 1999; April 27, 1999; July 7, 1999; March 31, 2000; and December 11, 2001. Ms. Sharp, Ms. Fillmore, Ms. Sichak, and Ms. Terhune shall have 20 days from the date of this order to prepare and file the requested transcripts or if more time is needed to complete the preparation of the transcripts, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, Ms. Sharp, Ms. Fillmore, Ms. Sichak, and Ms. Terhune shall, within the same time period, notify this court in writing, of this fact. On September 5, 2003, respondents filed a motion to dismiss this appeal for failure to file the opening brief. Appellants oppose the motion and request an extension to file an untimely motion for an extension of time to file the opening brief. We note that this court prefers to decide cases on their merits. Accordingly, we deny the motion to dismiss. Further, cause having been shown, we grant appellants' request to file an untimely motion for an extension to file the opening brief. Appellants shall have 30 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 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. | | 03-17083
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| 10/21/2003 | Transcript | Filed Transcript. Proceedings: 11/4/97 and 4/27/99. Court Reporter: Anita C. Fillmore. | | 03-17503
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| 10/21/2003 | Letter/Incoming | Filed Letter. from Court Reporter Anita C. Fillmore re: transcripts requested in this case. | | 03-17505
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| 10/23/2003 | Other | Returned Mail. Order filed 10/15/03 addressed to Lola Sharp (Court Reporter) remailed to Churchill County Clerk's Office. (No forwarding address expired). | | |
| 10/23/2003 | Letter/Incoming | Filed Letter. from Court Reporter Kathy Terhune re: transcripts requested in this case. | | 03-17731
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| 10/29/2003 | Letter/Incoming | Filed Letter. from Johnneta R. McGowan of the Third Judicial District Court informing this court that she received an order addressed to Court Reporter Lola Sharp to file transcripts in this matter. Ms. Sharp has not reported for Churchill County since the latter part of 1999 or early part of 2000, when her license was revoked by the Nevada Court Reporters Board. | | 03-18063
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| 11/07/2003 | Letter/Incoming | Filed Letter. from Court Reporter Naomi Sichak regarding transcripts in this matter. | | 03-18684
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| 11/14/2003 | Brief | Filed Opening Brief.
STRICKEN BY ORDER 09/20/04. | | 03-18984
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| 11/14/2003 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 8. | | 03-18985
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| 11/17/2003 | Notice/Incoming | Filed Proof of Service. - Amended Certificate of Service by Federal Expresss Re Ken Ward. (Opening Brief and Appendix). Attached to inside back cover of original and copies of opening brief. | | 03-19107
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| 12/16/2003 | Brief | Filed Answering Brief. Scott Nygren. | | 03-20961
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| 12/16/2003 | Appendix | Filed Appendix to Answering Brief. | | 03-20962
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| 01/20/2004 | Brief | Filed Reply Brief. (Reply to Scott Nygren's Answering Brief.)
STRICKEN BY ORDER 09/20/04. | | 04-01067
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| 01/20/2004 | Appendix | Filed Appendix to Reply Brief. | | 04-01068
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| 01/27/2004 | Motion | Filed Motion. Motion for Leave to File Surreply. | | 04-01723
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| 01/27/2004 | Other | Other. Received Respondent's Surreply to Appellants' Reply Brief. | | 04-01726
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| 02/09/2004 | Motion | Filed Response to Motion. Appellant's Opposition/Rebuttal to Respondents Motion for a Sur Reply. | | 04-02489
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| 04/14/2004 | Order/Procedural | Filed Order. Regarding Transcripts, Directing the Filing of Answering Brief and Denying Motion. We are unable to determine whether all transcripts necessary for the review of this appeal have been filed with this court or included in appellants' appendix. Accordingly, appellants shall, within 10 days from the date of this order, file and serve an amended transcript request form setting forth, among other things, the specific trial or hearing dates to be transcribed. NRAP 9(a). Further, appellants shall, within the same time period, file a supplemental appendix containing certified copies of all transcripts that were cited to in the briefs but have not been filed with this court. We vacate that portion of our October 15, 2003, order directing Ms. Sichak, Ms. Sharp, and Ms. Terhune to file requested transcripts with this court. On November 14, 2003, appellants filed the opening brief and appendix. To date, respondent Estate of Ray Hunter Nygren ('Estate') has not filed its answering brief. Estate shall have 20 days from the date of this order to file and serve its answering brief. Appellants shall have 30 days from service of Estate's answering brief to file and serve a reply brief, if deemed necessary. Respondent Nygren has moved for leave to file a 'surreply.' Appellants oppose the motion. We conclude that it is premature at this time to determine whether the reply brief contains arguments improperly raised for the first time on appeal. Accordingly, we deny respondent's motion to file a 'surreply.' The clerk of this court shall return, unfiled, the proposed document received on January 27, 2004. We remind the parties that in resolving this appeal, this court will disregard any issue that is improperly raised on appeal or any factual matters or arguments improperly included in the parties' briefs. | | 04-06924
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| 04/14/2004 | Notice/Outgoing | Issued Letter. to attorney Alex J. Flangas. Returned unfiled, the original "Respondent's Surreply to Appellants' Reply Brief received on January 27, 2004." | | |
| 04/22/2004 | Notice/Incoming | Filed Notice of Change of Address. Hale, Lane firm. | | 04-07422
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| 04/23/2004 | Motion | Filed Motion. Renewed Motion for Leave to File Surreply or, Altenatively, Motion to Strike. | | 04-07515
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| 04/23/2004 | Other | Other. Received Respondent's Surreply to Appellants' Reply Brief. | | 04-07517
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| 04/23/2004 | Other | Returned Mail. Order filed 04/14/04 addressed to Lola Sharp (court reporter) returned. No forwarding address. | | |
| 04/27/2004 | Notice/Incoming | Filed Notice of Change of Address. Attorney Samuel G. Broyles, Jr. | | 04-07725
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| 04/30/2004 | Transcript Request | Filed Request for Transcript of Proceedings. (Amended) Transcripts requested: 5/6/97; 5/20/97; 11/4/97; 6/30/98; 01/12/99; 04/27/99; 6/22/99; 7/7/99; 10/20/99; 10/21/99; 3/31/00; 12/11/01; and 4/17/02. To Court Reporter: Lola Sharp; Anita C. Fillmore; Naomi Sichak and Kathy Terhune. | | 04-07985
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| 04/30/2004 | Appendix | Filed Appendix. Appellants' Supplemental Appendix of Exhibits - Reporters' Transcripts Vols. 1A and 1B. | | 04-07986
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| 04/30/2004 | Notice/Incoming | Filed Proof of Service. Appellants' Supplemental Appendix. | | 04-07988
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| 05/04/2004 | Brief | Filed Answering Brief. Answering Brief of Respondent David Widmer Administrator with will Annexed of the Estate of Ray Hunter Nygren, deceased. | | 04-08151
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| 05/05/2004 | Notice/Incoming | Filed Errata. Errata to Answering Brief. | | 04-08241
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| 05/06/2004 | Appendix | Filed Appendix. Supplement to Respondent's Appendix. | | 04-08395
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| 05/13/2004 | Appendix | Filed Appendix to Opening Brief. Appellant's Supplemental Appendix of Exhibits - Reporters' Transcripts (Volume -2). | | 04-08970
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| 05/14/2004 | Notice/Incoming | Filed Errata. Declaration of Samuel G. Broyles, Jr., Esq. Re: Errata to Appeallants' Opening Brief and Appellants' Reply Brief. | | 04-09032
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| 06/08/2004 | Brief | Filed Reply Brief. Appellants' Reply Brief to Answering Brief of Respondent David Widmer Administrator. | | 04-10582
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| 09/20/2004 | Order/Procedural | Filed Order. Regarding Transcripts, Granting Motion to file Surreply and Striking Opening and Reply Briefs. On April 30, 2004, appellants filed an amended transcript request form and a supplemental appendix containing 2 volumes of various transcripts. The amended transcript request form requested, among other transcripts, the July 7, 1999; October 21, 1999; and December 11, 2001, transcripts. We note, however, that the aforementioned transcripts were not included in the supplemental appendix. We further note it does not appear appellants cite to those transcripts in their briefs. Accordingly, we conclude that this court has all the transcripts necessary for the resolution of this appeal. Thus, no action will be taken with respect to appellants' request for the July 7, 1999; October 21, 1999; and December 11, 2001, transcripts. Respondent has filed a renewed, more detailed motion for leave to file a surreply. Appellants do not oppose the motion. Cause appearing, we grant the motion. The clerk of this court shall file the surreply received on April 23, 2004. In resolving this appeal, this court will disregard any issue that is improperly raised on appeal or any factual matters or arguments improperly included in the parties' briefs. Appellants have filed a document entitled 'Declaration of Samuel G. Broyles, Jr., Esq. Re: Errata to Appellants' Opening Brief and Appellants' Reply Brief.' Our review of the 5-page document reveals that the opening and reply briefs contain approximately 32 errors. In light of the number of errors in the briefs, we conclude that the ends of judicial efficiency will be better served by the filing of corrected opening and reply briefs. Accordingly, this court will take no action with respect to the declaration. The clerk of this court shall strike the opening brief filed on November 14, 2003, and the reply brief filed on January 20, 2004. fn1[We note that appellants have filed 2 reply briefs. We further note that counsel for appellants did not indicate which reply brief contained the errors stated in the declaration. Our review of the declaration and the 2 reply briefs filed, however, reveals that the reply brief filed on January 20, 2004, contained the errors stated in the declaration. We admonish counsel for appellants for not indicating which reply brief contained the errors stated in the declaration.] Appellants shall have 15 days from the date of this order to file and serve a corrected opening brief and a corrected reply brief. The briefs shall not be substantially different and shall differ only in that they contain proper citations and other corrected errors as stated in the declaration. | | 04-17329
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| 09/20/2004 | Other | Other. Filed Respondent's Surreply to Appellants' Reply Brief. | | 04-07517
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| 11/01/2004 | Brief | Filed Opening Brief. Corrected Opening Brief. | | 04-20066
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| 11/01/2004 | Brief | Filed Reply Brief. Corrected Reply Brief. | | 04-20068
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| 11/01/2004 | Notice/Incoming | Filed Errata. Errata to Appellants' Alphabetical Appendix Index. Attached to Vols. 1-8 of Appellant's Appendix. | | 04-20069
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| 01/19/2005 | Order/Procedural | Filed Order/Submit on Briefs. Order Submitting Appeal for Decision Without Oral Argument. Oral argument will not be scheduled in this appeal, and it shall stand submitted on the record and the briefs filed herein, as of the date of this order. fn1[NRAP 34(f). | | 05-01137
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| 01/19/2005 | Case Status Update | Submitted for Decision. | | |
| 10/19/2005 | Case Status Update | Resubmitted for Decision. To the Northern Nevada Panel. NNP06R-MD/RR/RP | | |
| 12/20/2005 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP06R-MD/RR/RP | | 05-24773
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| 01/17/2006 | Remittitur | Issued Remittitur. | | 06-00414
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| 01/17/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 01/25/2006 | Remittitur | Filed Remittitur. Received by County Clerk on January 19, 2006. | | 06-00414
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