judyrecords
search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

TOWER REALTY VS. CON-FORCE STRUCTURES

Case Information: 36851
Short Caption:TOWER REALTY VS. CON-FORCE STRUCTURESCourt:Supreme Court
Related Case(s): 34795
Lower Court Case(s):Clark Co. - Eighth Judicial District - A307489Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/13/2000 / Mendoza, JohnSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:04/30/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/09/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Perry & Spann--check no. 15782.
10/09/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. 00-17805
10/13/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: John F. Mendoza. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
12/15/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-21960
12/15/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
12/22/2000MotionFiled Stipulation. Docketing Statement. 00-22370
12/27/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. 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); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 00-22523
12/29/2000Order/Clerk'sFiled Clerk's Order Approving Stipulation. Appellants' docketing statement shall be served and filed on or before January 17, 2001. 00-22686
01/08/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 7/31/00; 5/19/00; 4/14/00(Trial)-4/21/00(Trial)-4/07/00(Trial); 3/21, 22, 23, 24/00Trial) and 8/20/99(Motions). To Court Reporter: Dina Dalton. 01-00349
01/11/2001Docketing StatementFiled Docketing Statement. 01-00665
02/15/2001TranscriptFiled Transcript. Proceedings: 3/21/00; 3/22/00; 4/7/00; and 5/19/00 Court Reporter: Janie L. Olsen. 01-02992
03/09/2001TranscriptFiled Transcript. Proceedings: 3/23/00, 4/3/00, 4/14/00, 4/24/00, 7/31/00. Court Reporter: Dina Dee Dalton. 01-04307
04/27/2001BriefFiled Opening Brief. Mailed on: 04/25/01. 01-07100
04/27/2001AppendixFiled Joint Appendix. 01-07101
05/31/2001BriefFiled Answering Brief. Mailed on: Las Vegas Drop Box. 01-09058
07/03/2001BriefFiled Reply Brief. Mailed on: 06/29/01. 01-11196
07/12/2001MotionFiled Motion. Motion for Correction of the Record. 01-11864
07/17/2001Order/ProceduralFiled Order. To date, certified copies of transcripts for proceedings conducted on August 20, 1999; March 24, 2000; and April 21, 2000, have not been filed with this court. Because our review of the briefs filed in this appeal indicate that neither party relied on the transcripts for the above dates, we conclude that all transcripts necessary for the review of this appeal have been filed with this court. 01-12164
08/14/2001Order/ProceduralFiled Order Granting Motion. On July 12, 2001, appellants filed a "Motion for Correction of the Record." Good cause appearing, we grant the unopposed motion. The clerk of this court shall strike pages 00288-00300 of the joint appendix. Additionally, the clerk of this court shall file the "Appellants' Reply Appendix," that was submitted at the same time as the motion. 01-13874
08/14/2001AppendixFiled Appendix to Reply Brief. 01-11866
09/13/2001Notice/OutgoingIssued Letter. to Clark County Clerk requesting copy of June 14, 1994 "Order of Dismissal with Prejudice." 01-15475
09/13/2001Order/IncomingFiled District Court Order. Stipulation and Order filed on June 14, 1994 (via fax). 01-15519
09/17/2001Order/IncomingFiled District Court Order. Certified copy of Stipulation and Order filed in district court on June 14, 1994. 01-15642
09/18/2001Order/ProceduralFiled Order/Show Cause. Response due from appellants: 30 days from the date of this order. 01-15750
10/01/2001MotionFiled Motion. Joint Motion for Leave of Court to File Sitpulation for Nunc Pro Tunc Order in the District Court. 01-16521
12/07/2001Order/ProceduralFiled Order Denying Motion. In response to our show cause order, the parties have jointly moved for leave to present to the district court for signature an order substituting Con-Force Limited in place of Con-Force Nevada as the plaintiff, nunc pro tunc to August 20, 1999. Nunc pro tunc correction is not available "to supply omitted action." Thus, the jurisdictional defect cannot be remedied by entry of a nunc pro tunc substitution order. The parties' joint motion is, therefore, denied. Appellants shall have 30 days from the date of this order to submit documentation that establishes this court's jurisdiction, including, but not necessarily limited to, a written substitution order, an amended judgment, and an amended notice of appeal. Failure to demonstrate that this court has jurisdiction may result in the dismissal of the appeal for lack of jurisdiction. 01-20564
01/04/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 02-00266
01/07/2002MotionFiled Stipulation. Stipulation to submit briefs already filed. 02-00338
01/07/2002Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Notice of Entry of Amended Findings of Fact, Conclusions of Law, and Judgment. Filed in district court on: January 3, 2002 (filed in response to order of December 7, 2001). 02-00339
01/07/2002Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Filed in district court on: January 3, 2002 (filed in response to order of December 7, 2001). 02-00351
01/07/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. Filed in the district court on January 3, 2002 (filed in response to order of December 7, 2001). 02-00352
01/09/2002Order/ProceduralFiled Order/Stipulation Disapproved. On January 7, 2002, the parties filed a stipulation to submit this appeal for decision on the parties' brief. We disapprove the stipulation. We note that this court shall, in due course, conduct a review of the parties' briefs, appendices and appellate court record and determine, at such time, whether oral argument may be beneficial to a resolution of this appeal. 02-00630
02/04/2002Letter/IncomingFiled Letter. from attorney Victor A. Perry enclosing a copy of Second Amended Notice of Appeal filed in district court on 1/31/02. 02-02229
02/20/2002Order/ProceduralFiled Order. Allowing Appeal to Proceed. On December 7, 2001, in response to appellants' proposal for bringing their appeal with this court's jurisdiction, we instructed appellants that they could confer jurisdiction on this court by obtaining the district court a written substitution order and an amended judgment, and then filing an amended notice of appeal. Appellants have complied with our instructions. On December 29, 2001, the district court ordered Con-Force Structures Limited, Inc. substituted in place of Con-Force Structures Nevada, Inc., and entered an amended judgment. fn1[Because of the substitution, we direct the clerk of this court to amend the caption on the court's docket so that it is consistent with the caption on this order.] We conclude that this court now has jurisdiction over this appeal. We allow this appeal to proceed. 02-03264
04/30/2002Order/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. NRAP 34(f)(1). 02-07608
04/30/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP02-CY/DA/ML
07/10/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP02-CY/DA/ML 02-11795
07/31/2002Post-Judgment PetitionFiled Petition for Rehearing. Motion for Reconsideration. Mailed on: 7/29/02. 02-13172
07/31/2002Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. (Rehearing) Due Date: 10 days
08/05/2002Filing FeeReceived Filing Fee Paid on Filing. $100 from Tower Realty - check no. 16004.
08/07/2002Filing Fee Returned Filing Fee. Check No. 18242 returned to Perry & Spann.
08/21/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP02-CY/DA/ML 02-14307
09/05/2002RemittiturIssued Remittitur. 02-15268
09/05/2002Case Status Update Remittitur Issued/Case Closed.
09/24/2002RemittiturFiled Remittitur. Received by County Clerk on September 9, 2002. 02-15268