| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 10/06/2004 | Filing Fee | Filing Fee due. | | |
| 10/06/2004 | 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.) | | 04-18508
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| 10/06/2004 | Notice/Outgoing | Issued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days | | |
| 10/08/2004 | Notice/Outgoing | Issued Notice to Transmit Required Document. Orders filed 9/9/04, 9/17/04 and 9/29/04, and notices of entry filed 9/16/04, 9/22/04 and 9/29/04. Due Date: 10 days | | |
| 10/12/2004 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Eugene Osko. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 10/14/2004 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Michael R. Pontoni - check no. 3750. | | |
| 10/15/2004 | Notice of Appeal Documents | Filed District Court Order/Judgment. Certified copies of two orders filed 9/9/04; Notice of Entry of Order filed 9/14/04; Order filed 9/17/04; Notice of Entry of Order filed 9/22/04; Order filed 9/29/04; and Notice of Entry of Order filed 9/29/04. | | 04-19145
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| 10/19/2004 | Notice/Outgoing | Letter. Eugene Osko. (district court orders) | | |
| 10/21/2004 | Docketing Statement | Filed Docketing Statement. Issued Notice to Provide Proof of Service on Settlement Judge. | | 04-19435
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| 10/26/2004 | Transcript Request | Filed Certificate of No Transcript Request. | | 04-19789
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| 10/28/2004 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 43862/44043-cases are not consolidated. | | 04-19944
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| 12/20/2004 | Order/Procedural | Filed Order. Consolidating Appeals and Re: Conclusion of Settlement Conference Proceedings. We conclude that in the interest of judicial economy, these appeals should be consolidated. Accordingly, we consolidate these appeals for all appellate purposes. Pursuant to NRAP 16(g), the settlement judge has filed a report with this court indicating that the parties were unable to agree to a settlement of these matters. Accordingly, the settlement proceedings are concluded and this appeal may proceed. Briefing and requesting transcripts in compliance with NRAP 9(a) shall remain suspended, however, pending resolution of respondents' motion to dismiss filed in Docket No. 43862. We grant respondents' unopposed motion to file a reply to appellants' opposition to the motion to dismiss in Docket No. 43862. Respondents shall file a reply to the motion within 10 days of the date of this order. Nos. 43862/44043. (04-23164) | | |
| 12/30/2004 | Motion | Filed Motion to Extend Time. Respondent's Motion to Extend Time for Filing Reply to Opposition to Motion to Dismiss. Nos. 43862/44043 (04-23726). | | |
| 01/07/2005 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. Filed in 43862 only. Nos. 43862/44043 [05-00393] | | |
| 01/10/2005 | Motion | Received Reply to Response. Respondents' Reply to Appellants' Opposition to Respondents' Motion to Dismiss Appeal Docket No. 43862. Nos. 43862/44043 (05-00479). | | |
| 01/10/2005 | Notice/Incoming | Filed Proof of Service. Respondents' Reply to Appellants' Opposition to Respondents' Motion to Dismiss Appeal Docket No. 43862. Nos. 43862/44043 (05-00513). | | |
| 01/31/2005 | Order/Procedural | Filed Order. Denying Motion and Reinstating Briefing. Presently before the court is respondents Pat Dwyer Self's, Donald E. Self, Jr.'s, and '4' Mac, Inc.'s November 5, 2004 motion to dismiss the appeal in Docket No. 43862 for lack of jurisdiction. Appellants James Dwyer, III, Beth Dwyer, Thermal Energy Systems, Inc., and Geo Energy Source, Inc., filed an opposition on November 15, 2004.fn1[We grant respondents' motion for an extension of time to file a reply, and we direct the clerk of this court to file the reply, provisionally received on January 10, 2005.] Under the current version of NRAP 4(a), we conclude that appellants' notice of appeal is effective, simply having remained dormant from the date of filing until the resolution of appellants' tolling motion on September 9, 2004. fn10[See NRAP 4(a)(6).] Consequently, we deny respondents' motion to dismiss the appeal in Docket No. 43862. Appellants in Docket No. 43862 shall have 90 days from the date of this order within which to file and serve the opening brief and appendix. Respondents in Docket No. 43862 and appellants in Docket No. 44043 shall then have 30 days within which to file and serve a combined answering/opening brief and an appendix. Appellants in Docket No. 43862 and respondents in Docket No. 44043 shall then have 30 days within which to file and serve an answering brief combined with any reply brief. Finally, appellants in Docket No. 44043 shall then have 30 days within which to file and serve any reply brief. No extensions of this briefing schedule will be considered by the court absent extreme and unforeseeable circumstances. Nos. 43862/44043. (05-01919) | | |
| 01/31/2005 | Motion | Filed Reply to Response. Respondents' Reply to Appellants' Opposition to Respondents' Motion to Dismiss Appeal Docket No. 43862. Nos. 43862/44043. (05-00479) | | |
| 02/22/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: June 1, 2004 through June 17, 2004. To Court Reporter: Lisa Lizotte. Nos. 43862/44043 (05-03443). | | |
| 03/22/2005 | Motion | Filed Stipulation. Nos. 43862/44043 (05-05602). | | |
| 04/01/2005 | Motion | Filed Motion to Extend Time. Nos. 43862/44043 (05-06410). | | |
| 04/04/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: June 1, 2004 through June 17, 2004. To Court Reporter: Lisa Lizotte. Nos. 43862/44043 (05-06569). | | |
| 04/04/2005 | Notice/Incoming | Filed Notice. Consent to Service by Facsimile. Nos. 43862/44043 [05-06601] | | |
| 04/06/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Amended Request for Transcripts. Transcripts requested: June 1, 2004 and June 17, 2004. To Court Reporter: Lisa Lizotte. Nos. 43862/44043 (05-06794). | | |
| 06/07/2005 | Transcript | Filed Transcript. Proceedings: June 1, 2, 3, 4, 8, 9, 10, 11, 14, 15, 16, and 17, 2004. Court Reporters: Lisa Lizotee; Janice Liston and Liz Garcia (05-11173). | | |
| 07/01/2005 | Brief | Received Opening Brief. In 43862. Nos. 43862/44043 (05-13091). | | |
| 07/01/2005 | Appendix | Received Appendix to Opening Brief. In 43862. Vols. 1 through 3. Nos. 43862/44043 (05-13092). | | |
| 07/11/2005 | Motion | Filed Motion to Dismiss Appeal. Nos. 43862/44043 [05-13710] | | |
| 07/14/2005 | Notice/Incoming | Filed Proof of Service. --Receipt of Copy of Respondents' Motion to Dismiss Appeal. Nos. 43862/44043 [05-14079] | | |
| 07/15/2005 | Motion | Filed Response to Motion. Nos. 43862/44043 [05-14144] | | |
| 07/26/2005 | Order/Procedural | Filed Order. On April 1, 2005, the Dwyer appellants filed a motion for a 60-day extension of time to file the opening brief and appendix. On July 11, 2005, respondents in Docket No. 43862 (Self respondents) filed a motion to dismiss the appeal in Docket No. 43862. The Self respondents argue that they should be allowed 'to file their appeals separate and apart from an answering brief.' The Dwyer appellants oppose the motion to dismiss. We prefer to decide cases on their merits. We deny the motion to dismiss appeal and deny the request of Self respondents to file separate appeals from the answering brief. We grant the motion for an extension of time. The clerk shall file the opening brief and appendix received on July 1, 2005. The Self respondents shall have 30 days from the date of this order to file and serve their combined brief. Thereafter, briefing shall proceed in accordance with our January 31, 2005, order. On April 4, 2005, attorney Adam Levine filed a document on behalf of appellants in Docket No. 43862 entitled 'Consent to Service by Facsimile.' NRCP 5 does not apply to proceedings in this court. We disapprove service by electronic means in this case. Until such time as this court amends its rules to allow for service by electronic means, all documents must be served in accordance with NRAP 25(1)(c). fn2[A copy of the transcript form is attached to this order.] To date, court reporter Lisa Lizotte has not filed the requested transcript for proceedings conducted on June 7, 2004. Ms. Lizotte shall have 20 days from the date of this order to prepare and file the June 7, 2004, transcript. If more time is needed to complete the preparation of the transcript, Ms. Lizotte shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Ms. Lizotte shall notify this court, in writing, of this fact. Nos. 43862/44043. (05-14832) | | |
| 07/26/2005 | Brief | Filed Opening Brief. Nos. 43862/44043. (05-13091) | | |
| 07/26/2005 | Appendix | Filed Appendix to Opening Brief. Volumes 1 through 3. Nos. 43862/44043. (05-13092) | | |
| 08/01/2005 | Notice/Incoming | Filed Notice. Certificate from court reporter Lisa Lizotte stating that the June 7, 2004 hearing was transcribed. Nos. 43862/44043 [05-15190] | | |
| 08/03/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Errata to Second Amended Rquest for Transcript of Proceedings. Nos. 43862/44043 (05-15397). | | |
| 08/25/2005 | Brief | Filed Answering Brief. Respondents' Answering Brief and Respondents' Cross Appeal in the Partition Case. Nos. 43862/44043 (05-16854). | | |
| 08/25/2005 | Brief | Filed Answering Brief. Respondents' and Barbara Burrer's Cross-Appeal Opening Brief. Nos. 43862/44043 (05-16855). | | |
| 08/25/2005 | Appendix | Filed Appendix to Answering Brief. (Respondent's Addendum) Volume IV. Nos. 43862/44043 (05-16857). | | |
| 09/22/2005 | Brief | Filed Reply Brief. Appellants' Reply Brief and James Dwyer, III and Thermal Energy Systems, Inc.'s Answering Brief to Pat Dwyer Self's and Barbara Burrer's Cross Appeal Opening Brief and Appellant's Answering Brief to Respondents' Cross-Appeal in the Partition Case. Nos. 43862/44043 (05-18829). | | |
| 10/24/2005 | Brief | Filed Reply Brief. Respondent Pat Self and Don Self's Reply to Jim Dwyer's Answering Brief to Cross Appeal for Attorney Fees in the Partition Case. Nos. 43862/44043 (05-21052). | | |
| 10/24/2005 | Appendix | Filed Appendix to Reply Brief. Appendix (Respondents' 2nd Addendum) Volume V. Nos. 43862/44043 (0521053). | | |
| 04/21/2006 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on May 31, 2006, at 11:30 a.m. (SNP06-WM/MG/JH) (Nos. 43862/44043) | | |
| 05/17/2006 | Notice/Outgoing | Issued Oral Argument Reminder Notice. Nos. 43862/44043 | | |
| 05/31/2006 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH. Nos. 43862/44043. | | |
| 07/12/2006 | Order/Dispositional | Filed Order of Affirmance. These are consolidated appeals. "ORDER the judgment of the district court AFFIRMED." SNP06-WM/MG/JH. Nos. 43862/44043. | | 06-14356
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| 08/08/2006 | Remittitur | Issued Remittitur. | | 06-16244
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| 08/08/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 08/17/2006 | Remittitur | Filed Remittitur. Received by County Clerk on August 10, 2006. | | 06-16244
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