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United States Court Cases

Nevada Supreme/Appellate Court Record

IN RE: ESTATE OF RICHMOND

Case Information: 38673
Short Caption:IN RE: ESTATE OF RICHMONDCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - P44252Classification:Civil Appeal - General - Other
Disqualifications:GibbonsCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:11/14/2001 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:12/13/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/29/2001Filing Fee Filing Fee due.
10/29/2001MotionFiled Motion for Stay. Emergency Motion for Stay Pending Appeal. 01-18029
10/29/2001TranscriptFiled Transcript. Proceedings: 10/2/01. Court Reporter: Patsy K. Smith. 01-18133
10/30/2001Order/ProceduralFiled Order. Granting Temporary Stay. Appellants have moved for an emergency stay pending resolution of this appeal. Good cause having been shown, we temporarily stay enforcement of the district court's Order for Instructions to Distribute Trust Assets pending the filing of a response to appellants' emergency motion for a stay and pending further order of this court. Resolution of this appeal shall be expedited as this court's calendar permits. 01-18180
10/30/2001Other Other. Telephone conference between Chief Justice Maupin and counsel for the parties held this day. See Minutes of Telephone Conference in correspondence file.
11/01/2001Notice/OutgoingIssued Letter. to attorney J.T. Moran, enclosing copy of minutes of telephone conference between Chief Justice Maupin and counsel for the parties held on 10/30/01. 01-18274
11/01/2001Notice/IncomingFiled Proof of Service. Receipt of Copy and Certificate of Mailing for Motion for Stay. 01-18284
11/05/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Marquis & Aurbach - check no. 57444.
11/05/2001Notice 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.) 01-18421
11/08/2001Notice/OutgoingIssued Notice of Modification of Caption.
11/09/2001MotionFiled Motion. Motion for Injunction to Prohibit any further Transfer or other Disposition of Trust Assets and Motion for Imposition of a Constructive Trust. 01-18740
11/09/2001Notice/IncomingFiled Proof of Service. Motion for Injunction to Prohibit any further Transfer or Other Disposition of Trust Assets and Motion for Imposition of a Constructive Trust over Trust Assets. 01-18743
11/09/2001MotionFiled Motion. Motion for Reconsideration of Order Granting Temporary Stay Pending Appeal, Motion for Order Denying Stay Pending Appeal, and Motion for Attorney's Fees Where Appeal has been Frivolously Processed. 01-18742
11/14/2001Notice/IncomingFiled Proof of Service. (Motion for Reconsideration of Order Granting Temporary Stay Pending Appeal, Motion for Order Denying Stay Pending Appeal, and Motion for Attorney's Fees Where Appeal has been Frivolously Processed). 01-18849
11/14/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
12/18/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-21358
01/09/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this matter. Appellant shall file the docketing statement within 15 days from the date of this order. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of this appeal. Appellant: 15 days to comply with NRAP 9(a). Appellant: 70 days to file and serve opening brief and appendix. Respondent: 30 days after service of the opening brief to file the answering brief. Appellant: 30 days after service of the answering brief to file the reply brief. No extension of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. fn1[We defer ruling on respondent's and appellant's November 9, 2001 motions, pending further order of this court.] (Docketing statement mailed to counsel for appellant). 02-00561
01/16/2002Docketing StatementFiled Docketing Statement. 02-01077
01/25/2002Transcript RequestFiled Certificate of No Transcript Request. 02-01761
01/25/2002Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days.
01/30/2002Notice/IncomingFiled Proof of Service. (Certificate of No Request for Transcript of Proceeding). 02-01963
02/07/2002Order/ProceduralFiled Order. Order Granting an Injunction and Denying Motion for Reconsideration and for Attorney Fees. We grant Shriners' motion for an injunction and deny Richmond's motion for reconsideration and motion for an order denying the stay. fn4[In light of our order imposing an injunction, we deny Shriners' motion for a constructive trust.] We specifically enjoin Richmond and all persons or entities acting on his behalf from transferring or disposing of any of the trust assets during the pendency of this appeal. We deny Richmond's motion for attorney fees under NRAP 38. 02-02495
03/04/2002MotionFiled Motion to Dismiss Appeal. 02-03944
03/11/2002MotionFiled Response to Motion. Opposition to Respondent's Motion to Dismiss Appellant's Appeal. 02-04332
03/19/2002Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), Respondent's Reply to Appellant's Opposition to Respondent's Motion to Dismiss Appellant's Appeal.
03/21/2002BriefFiled Opening Brief. Mailed on: Fed Ex 03/20/02. Signed by: Terry A. Coffing. 02-05048
03/21/2002AppendixFiled Appendix to Opening Brief. 02-05049
04/22/2002BriefFiled Answering Brief. Mailed on: Fed Ex 04/19/02. Signed by: John T. Moran, III. Called for Certificate of Compliance, due date: 10 days. 02-07031
04/22/2002AppendixFiled Appendix to Answering Brief. 02-07032
04/25/2002Notice/IncomingFiled Certificate of Compliance. to answering brief filed on 04/22/02. 02-07325
05/21/2002BriefFiled Reply Brief. Mailed on: Fed Ex 05/20/02. 02-08932
06/06/2002Order/ProceduralFiled Order Resolving Motion or Stipulation. Denying motion to Dismiss and Imposing Sanctions. We deny respondent's motion to dismiss this appeal. We conclude that respondent's motion to dismiss constitutes a misuse of the appellate process, and that an award of attorney fees to appellant is warranted. We award attorney fees, as sanctions, in the amount of $250 against respondent's counsel, payable to appellant. Respondent's counsel shall provide proof of payment to the clerk of this court within 15 days from the date of this order. 02-09948
07/02/2002MotionFiled Motion. Respondent's Motion for Oral Argument. 02-11304
07/02/2002Notice/IncomingFiled Proof of Payment of Sanction. $250.00 paid to Marquis & Aurbach - check no. 1370. 02-11305
07/09/2002MotionFiled Response to Motion. Appellants' Response to Respondent's Motion for Oral Argument. 02-11651
07/26/2002Order/ProceduralFiled Order Denying Motion. On July 2, 2002, respondent filed a motion requesting oral argument in this appeal. Appellant filed a response on July 9, 2002. We deny the motion. This court shall, in due course, conduct a review of the parties' briefs and appendices and the appellate court record and determine whether oral argument may be beneficial to a resolution of this appeal. 02-12897
12/13/2002Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 02-21310
12/13/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP03-MS/ML/NB.
01/06/2003OtherDisqualification of Justice Gibbons. Sat in district court proceedings.
03/17/2003Order/DispositionalFiled Order of Affirmance. We vacate our previous orders granting both a temporary stay and an injunction, and we "ORDER the judgment of the district court AFFIRMED." SNP03-MS/ML/NB 03-04392
04/11/2003RemittiturIssued Remittitur. 03-04618
04/11/2003Case Status Update Remittitur Issued/Case Closed.
04/28/2003RemittiturFiled Remittitur. Received by County Clerk on April 14, 2003. 03-04618