| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 01/14/2003 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Law Offices of James Shields Beasley--check no. 3839. | | |
| 01/14/2003 | 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.) | | 03-00727
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| 01/14/2003 | Notice/Outgoing | Issued Notice to Transmit Required Document. Judgment filed 9/6/02 and Order filed 10/11/02. Due Date: 10 days | | |
| 01/29/2003 | Docketing Statement | Filed Docketing Statement. | | 03-01613
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| 01/30/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Noel Manoukian. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 02/05/2003 | Motion | Filed Motion to Dismiss Appeal. Motion to Dismiss Appeal for Lack of Jurisdiction. | | 03-01994
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| 02/06/2003 | Notice of Appeal Documents | Filed District Court Order/Judgment. Certified copies of orders/judgment of convictions filed in district court on: 9/16/02 and 10/11/02. Certified copy of Notice of Entry of Orders filed in the district court on: 01/06/03. | | 03-02145
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| 02/07/2003 | Motion | Filed Response to Motion. Appellants' Opposition to Respondents' Motion to Dismiss Appeal. | | 03-02237
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| 02/14/2003 | Notice/Outgoing | Letter. Noel E. Manoukian. (D.C. Orders filed on 9/16/02 and 10/11/02) | | |
| 02/14/2003 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Guenther and Castronova, LLP--check no. 1239. | | |
| 02/14/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) | | 03-02583
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| 02/18/2003 | Docketing Statement | Filed Docketing Statement. Respondent/Cross-Appellant. | | 03-02681
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| 02/18/2003 | Notice/Outgoing | Letter. Noel E. Manoukian. (Docketing statement) | | |
| 02/20/2003 | Notice/Outgoing | Letter. Noel E. Manoukian. (Notice of Cross-Appeal) | | |
| 08/22/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 03-14175
|
| 09/23/2003 | Order/Procedural | Filed Order. Removing Appeal from Settlement Program and Staying Briefing Pending Resolution of Motion to Dismiss for Lack of Jurisdiction. 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. Accordingly, we remove this appeal from the settlement conference program. The deadlines for requesting transcripts and filing briefs shall remain suspended, however, pending resolution of respondent/cross-appellant's motion to dismiss the appeal for lack of jurisdiction. | | 03-15871
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| 12/09/2003 | Order/Procedural | Filed Order/Show Cause. fn2[We defer ruling on Bianco's motion to dismiss, pending our consideration of the jurisdictional issues identified in this order.] The McCrarys shall have 30 days from the date of this order to sow cause why this appeal should not be dismissed for lack of jurisdiction. We note that if the McCrarys obtain a written district court order formally resolving the NRCP 59(e) motion, they must file a timely amended notice of appeal. fn9[See NRAP 4(a)(2); NRAP 4(a)4 (providing that no filing fee is required if an amended notice of appeal is filed to remedy a jurisdictional defect). The briefing schedule in this appeal shall remain suspended pending further order of this court. Bianco may file any reply within 10 days from the date that the McCrarys' response is served. | | 03-20510
|
| 12/29/2003 | Motion | Filed Response to Order to Show Cause. | | 03-21570
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| 04/13/2004 | Order/Procedural | Filed Order Denying Motion. to Dismiss and Reinstating Briefing. Our preliminary review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(e) revealed several potential jurisdictional defects in the appeal, and we ordered the McCrarys to show cause why this appeal should not be dismissed. The McCrarys properly appealed from the district court's October 11, 2002 order. Bianco timely cross-appealed from the October 11, 2002 order, challenging the district court's decision not to award the full among of fees requested, and the district court's denial of his motion for partial satisfaction judgment. Finally, we address Bianco's motion to dismiss. Bianco argues that the McCrarys' time to appeal from the final judgment began on August 14, 2002, when he served notice of the jury verdict's entry. Because we have already determined that the McCrarys are not aggrieved by the district court's September 6, 2002 judgment, we deny Bianco's motion as moot. This appeal and cross-appeal are limited to a challenge of the district court's October 11, 2002 order. As this matter may now proceed, we reinstate the briefing schedule. The McCrarys shall have fifteen days from this order's date within which to file a transcript request form or a certificate of no transcript request under NRAP 9. The McCrarys shall have ninety days from this order's date within which to file and serve their opening brief and appendix. Bianco shall then have thirty days within which to file and serve a combined answering brief on appeal and opening brief on cross-appeal. The McCrarys shall then have thirty days within which to file and serve an answering brief on cross-appeal, combined with any reply brief on appeal. Finally, Bianco shall then have thirty days within which to file and serve any reply brief on cross-appeal. | | 04-06786
|
| 04/27/2004 | Transcript Request | Filed Certificate of No Transcript Request. | | 04-07704
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| 07/09/2004 | Brief | Filed Opening Brief. Appellant/Cross-Respondent. | | 04-12558
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| 07/09/2004 | Appendix | Filed Joint Appendix. Vols. 1 through 3. | | 04-12559
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| 07/23/2004 | Motion | Filed Stipulation and Order. Brief due: September 10, 2004. | | 04-13464
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| 07/26/2004 | Notice/Incoming | Filed Proof of Service. - Certificate of Service of Appellants' Opening Brief and Joint Appendix, Volumes 1, 2 and 3. | | 04-13524
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| 08/26/2004 | Brief | Filed Answering Brief. Dominic Donald Bianco, d/b/a Paul Davis Systems' Answering Brief on Appeal and Opening Brief on Cross-Appeal. | | 04-15465
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| 09/27/2004 | Brief | Filed Reply Brief. Appellant's Reply Brief and Answering Brief on Cross-Appeal. | | 04-17855
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| 11/10/2004 | Case Status Update | Briefing Completed. No reply brief on cross-appeal filed. | | |
| 11/18/2004 | Motion | Filed Motion to Extend Time. Respondent's Motion to file Late Brief. | | 04-21322
|
| 11/22/2004 | Notice/Incoming | Filed Proof of Service. Amended Certificate of Service. | | 04-21454
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| 11/24/2004 | Motion | Filed Response to Motion. Appellants' Response to Respondent's Motion to File Late Brief. | | 04-21624
|
| 11/30/2004 | Notice/Incoming | Filed Proof of Service. Certificate of Service for Appellants' Response to Respondent's Motion to file Late Brief. | | 04-21810
|
| 12/13/2004 | Order/Procedural | Filed Order Granting Motion. filed November 18, 2004. Because this court prefers to decide cases on their merits, we grant respondent's untimely motion. The clerk shall file the reply brief on cross-appeal that was received on November 12, 2004. Briefing for this appeal and cross- appeal is now complete. | | 04-22669
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| 12/13/2004 | Brief | Filed Reply Brief on Cross-Appeal. Dominic Donald Bianco, dba Paul David Systems of Reno & Lake Tahoe's Reply Brief on Cross-Appeal. | | 04-20869
|
| 04/20/2005 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on June 7, 2005, at 9:00 a.m. (NNP05-WM/MD/RP) | | |
| 05/24/2005 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 06/07/2005 | Case Status Update | Submitted for Decision. Before the Northern Nevada Panel. NNP05--WM/MB/RP | | |
| 07/12/2005 | Order/Procedural | Filed Order/Submit on Briefs. Order for En Banc Consideration and Submitting for Decision Without Further Oral Argument. Oral argument in this matter was held on June 7, 2005, before the Northern Nevada Panel. We have determined that en banc consideration of this appeal is warranted. This appeal shall stand submitted for decision without further argument to the En Banc Court as of the date of this order on the briefs filed herein. NRAP 34(f)(1). | | 05-13816
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| 07/12/2005 | Case Status Update | Submitted for Decision. To the En Banc Court. EN BANC | | |
| 02/09/2006 | Opinion/Dispositional | Filed Authored Opinion. "Affirmed in part, reversed in part and remanded." Before the Court EN BANC. Author: Maupin, J. We concur: Rose, C.J., Becker, Gibbons, Douglas, Hardesty and Parraguirre, JJ. 122 Nev. Adv. Opn. No. 10. EN BANC.
Filed amended opinion on March 30, 2006, in place of our prior opinion filed on February 9, 2006.jcr | | 06-02876
|
| 02/21/2006 | Filing Fee | Received Filing Fee Paid on Filing. $150 from Law Offices of Beasley & Ludwig--check no. 2064. | | |
| 02/21/2006 | Post-Judgment Petition | Filed Petition for Rehearing. | | 06-03795
|
| 03/30/2006 | Post-Judgment Order | Filed Order/Rehearing Denied. We previously issued an opinion in this matter. Appellants/Cross-Respondents have petitioned for rehearing. We conclude that rehearing is not warranted and therefore deny the petition. However, we conclude that the opinion filed on February 9, 2006, should be amended and have issued an amended opinion in place of the prior opinion. "Rehearing denied." EN BANC. | | 06-06659
|
| 03/30/2006 | Opinion/Non-Dispositional | Filed Authored Opinion. Affirmed in part, reversed in part and remanded. fn1[We issue this amended opinion in place of our prior opinion filed on February 9, 2006.] Before the Court EN BANC. Author: Maupin, J. We concur: Rose, C.J., Becker, Gibbons, Douglas, Hardesty and Parraguirre, JJ. 122 Nev. Adv. Opn. No. 10. EN BANC. | | 06-06660
|
| 04/25/2006 | Remittitur | Issued Remittitur. | | 06-07628
|
| 04/25/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 05/05/2006 | Remittitur | Filed Remittitur. Received by District Court Clerk on April 27, 2006. | | 06-07628
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