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United States Court Cases

Nevada Supreme/Appellate Court Record

IN RE: JOHN SAWKA REVOCABLE TRUST

Case Information: 39862
Short Caption:IN RE: JOHN SAWKA REVOCABLE TRUSTCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - P44451Classification:Civil Appeal - General - Other
Disqualifications:GibbonsCase Status:Remittitur Issued/Case Closed
Replacement:Justice Agosti for Justice GibbonsPanel Assigned: Panel
To SP/Judge:07/11/2002 / Osko, EugeneSP Status:Completed
Oral Argument:10/13/2003 at 1:30 PMOral Argument Location:Carson City
Submission Date:10/13/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/03/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Office of Mont E. Tanner Ltd.--check no. 1905.
07/03/2002Notice 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.) 02-11386
07/11/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Eugene Osko. (Briefing and preparation of transcripts suspended pending further order of this court.)
07/18/2002Other Returned Unfiled Document. Not typewritten-Corrected Docketing Statement due 10 days.
07/26/2002Docketing StatementFiled Docketing Statement. 02-12867
08/06/2002Notice/Outgoing Letter. Eugene Osko. (docketing statement)
08/26/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-14638
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: 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). 02-15476
09/16/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: April 17 and 18, 2002. To Court Reporter: Renee Silvaggio. 02-16073
11/07/2002Order/Procedural Order. To date, Court reporter Renee Silvaggio has not filed the requested transcripts. Ms. Silvaggio shall have 20 days from the date of this order to prepare and file the requested transcripts. If more time is needed to complete the preparation of the transcripts, Ms. Silvaggio shall, within the same time period, file a motion requesting an extension of time or if the transcripts cannot be produced, notify this court, in writing, of this fact. 02-19198
11/15/2002TranscriptFiled Transcript. Proceedings: April 17, 2002 and April 18, 2002. Court Reporter: Renee Silvaggio. 02-19704
01/06/2003OtherDisqualification of Justice Gibbons. Sat in district court proceedings.
01/07/2003MotionFiled Stipulation and Order. Brief due: January 21, 2003. 03-00310
01/16/2003MotionFiled Motion. Plaintiff's NRAP Rule 8 Motion for Injunction. 03-00914
01/23/2003BriefFiled Opening Brief. Mailed on 1/21/03. 03-01256
01/23/2003AppendixFiled Appendix to Opening Brief.
01/24/2003MotionFiled Response to Motion. Respondent's Opposition to Appellant Rae Drystek's Post-Judgment Motion pursuant to NRAP 8 for Injunction. 03-01308
01/30/2003Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), "Appellant/Plaintiff's Reply to Respondent's Opposition to NRAP Rule 8 Motion for Injunction."
02/18/2003MotionFiled Motion for Permission to File Document. Appellant/Plaintiff's NRAP Rule 27(a) Motion for Permission to File Reply to Respondent/Defendant's Opposition to NRAP Rule 8 Motion for Injunction. 03-02749
02/21/2003MotionFiled Stipulation and Order. Brief due: March 10, 2003. 03-02901
02/26/2003Order/ProceduralFiled Order Granting Motion. filed February 18, 2003. Appellant shall have 10 days from the date of this order to file and serve a reply. 03-03181
03/05/2003MotionFiled Reply to Response. Appellant/Plaintiff's Reply to Respondent's Opposition to NRAP Rule 8 Motion for Injunction. 03-03671
03/10/2003BriefFiled Answering Brief. Mailed on: Fed Ex 03/07/03. 03-03923
03/10/2003AppendixFiled Appendix to Answering Brief. Vols. 1 through 3.
03/13/2003Order/ProceduralFiled Order Denying Motion. Denying Motion for Injunction. Appellant has moved for an injunction to prohibit respondent from distributing any assets or paying any expenses from the trust during the pendency of this appeal. Respondent opposes the motion, and appellant has filed a reply. NRAP 8(c) sets forth four factors this court considers in deciding whether to issue an injunction pending appeal. Having considered these factors, we conclude that they weigh against granting an injunction pending appeal. We deny appellant's motion. 03-04298
04/11/2003MotionFiled Stipulation and Order. Brief due: April 24, 2003. 03-06135
04/28/2003BriefFiled Reply Brief. 03-07167
08/26/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 13, 2003, at 1:30 p.m. (NNP04S-DA/NB/MS)
09/29/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
10/13/2003Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP04S-DA/NB/MS.
01/06/2004Notice/OutgoingIssued Notice of Modification of Caption. (Added "Carlene Manning, a/k/a" as respondent.) Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties.
02/18/2004Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part and Remanding. "We reverse the judgment of the district court with respect to (1) John's non-individual retirement account certificates of deposit, (2) John's Nevada State Bank account, (3) the residence at 7711 Saint Whittier Court, (4) the forty acres in San Bernardino County, (5) the Dodge truck, and (6) the balance owed on the loans to Carlene Manning. Margaret's estate is entitled to one-half of the value of each of these items as her one-half share of the community property. We affirm the judgment of the district court with respect to (1) John's individual retirement accounts, (2) Margaret's certificate of deposit at California Federal Bank, and (3) loans to Donald Sawka. We remand this matter to the district court for proceedings consistent with this order." NNP04S-MS/DA/NB 04-03110
03/16/2004RemittiturIssued Remittitur. 04-03394
03/16/2004Case Status Update Remittitur Issued/Case Closed.
03/29/2004RemittiturFiled Remittitur. Received by County Clerk on March 18, 2004. 04-03394