| Case Information: 42392 | |||
| Short Caption: | AHERN RENTALS VS. TANAMERA RESORT CONDOMINIUMS C/W 43228 | Court: | Supreme Court |
| Consolidated: | 42392*, 43228 | Related Case(s): | 43228 |
| Lower Court Case(s): | Washoe Co. - Second Judicial District - CV0302465 | Classification: | Civil Appeal - General - Other |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | 12/03/2003 / Jenkins, Nathan | SP Status: | Completed |
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | 11/15/2005 | How Submitted: | On Briefs |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 11/21/2003 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Richard G. Hill--check no. 7165. | ||
| 11/21/2003 | 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.) | 03-19502 | |
| 11/25/2003 | Notice/Outgoing | Issued Notice to Transmit Required Document. Notice of entry of order filed on 10/24/03. Due Date: 10 days | ||
| 12/03/2003 | Notice of Appeal Documents | Filed Notice of Entry of Judgment or Order. Filed in district court on October 24, 2003. | 03-20076 | |
| 12/03/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Nathan M. Jenkins. (Briefing and preparation of transcripts suspended pending further order of this court.) | ||
| 12/05/2003 | Other | Returned Unfiled Document. | ||
| 12/08/2003 | Notice/Outgoing | Letter. Nathan M. Jenkins. (district court order filed on 10/24/03) | ||
| 12/15/2003 | Docketing Statement | Filed Docketing Statement. | 03-20801 | |
| 12/16/2003 | Notice/Outgoing | Letter. Nathan M. Jenkins. (docketing statement) | ||
| 03/17/2004 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | 04-05051 | |
| 03/17/2004 | Motion | Filed Motion. Motion to Dismiss Appeal As Moot. | 04-05064 | |
| 03/25/2004 | Motion | Filed Response to Motion. Opposition to Motion to Dismiss Appeal as Moot. | 04-05613 | |
| 04/16/2004 | Order/Procedural | Filed Order. The settlement judge has filed a report indicating that the parties were unable to agree to a settlement of this appeal. Accordingly, the settlement proceedings are concluded and this appeal may proceed. Briefing and compliance with NRAP 9(a) shall remain suspended, however, pending resolution of respondent's motion to dismiss this appeal. | 04-07000 | |
| 11/02/2004 | Order/Procedural | Filed Order Resolving Motion or Stipulation. Presently before the court is respondent's motion to dismiss this appeal as moot on the basis that appellant has not commenced an action to foreclose the lien. Appellant has filed an opposition. The lien was recorded on February 13, 2003. Before the six-month period expired, appellant and respondent stipulated to extend the limitations period to February 13, 2004. Before that date arrived, however, the district court expunged the lien. Consequently, there was nothing for appellant to foreclose. Further, the parties' stipulation recognizes that if the district court expunges the lien, there can be no foreclosure action. Therefore, this appeal is not moot. Accordingly, we deny respondent's motion, and we reinstate the time deadlines for requesting transcripts and filing briefs. Appellant shall have 15 days from the date of this order within which to comply with NRAP 9(a). Additionally, appellant shall have 120 days from the date of this order within which to file and serve the opening brief and appendix. Thereafter, briefing shall proceed under NRAP 31(a)(1). | 04-20173 | |
| 01/05/2005 | Order/Procedural | Filed Order. to Comply with NRAP 9(a). We again direct appellant to request transcripts in compliance with NRAP 9(a). Appellant shall have 10 days from the date of this order to file and serve the appropriate document. Failure to comply timely with this order may result in the imposition of sanctions, including dismissal of this appeal. | 05-00238 | |
| 01/11/2005 | Transcript Request | Filed Certificate of No Transcript Request. Declaration of Counsel in Compliance with Order to Comply with NRAP 9. | 05-00610 | |
| 02/23/2005 | Brief | Filed Opening Brief. | 05-03646 | |
| 02/23/2005 | Appendix | Filed Appendix to Opening Brief. | 05-03648 | |
| 02/24/2005 | Other | Other. Received index to appellant's appendix. (Attached to inside front cover of appendix,) | ||
| 03/28/2005 | Brief | Filed Answering Brief. | 05-06040 | |
| 04/19/2005 | Motion | Filed Stipulation and Order. Brief due: May 9, 2005. | 05-07588 | |
| 04/27/2005 | Brief | Filed Reply Brief. | 05-08325 | |
| 05/03/2005 | Order/Procedural | Filed Order. Consolidating Appeals. We conclude that judicial economy will be served by resolving the appeals together. These appeals are hereby consolidated. Nos. 42392/43228. (05-08694) | 05-08694 | |
| 11/15/2005 | Order/Procedural | Filed Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled and these appeals shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. Nos. 42392/43228. (05-22399) | 05-22399 | |
| 11/15/2005 | Case Status Update | Submitted for Decision. To the Northern Nevada Panel. NNP06R-MD/RR/RP. Nos. 42392/43228. | ||
| 12/21/2005 | Order/Dispositional | Filed Order of Affirmance. These are consolidated appeals. "ORDER the judgment of the district court AFFIRMED." NNP06R-MD/RR/RP. Nos. 42392/43228 | 05-24799 | |
| 01/17/2006 | Remittitur | Issued Remittitur. | 06-00494 | |
| 01/17/2006 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 01/20/2006 | Remittitur | Filed Remittitur. Received by District Court Clerk on January 18, 2006. | 06-00494 | |