DETWILER VS. DIST. CT. (BAKER BOYER NAT'L BANK) , 2021 NV 18 ( 2021 )


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    Case Information: 81220
    Short Caption:DETWILER VS. DIST. CT. (BAKER BOYER NAT'L BANK)Court:Supreme Court
    Related Case(s):81017, 81594
    Lower Court Case(s):Clark Co. - Eighth Judicial District - A760779Classification:Original Proceeding - Civil - Mandamus/Prohibition
    Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
    Replacement:Panel Assigned: Panel
    To SP/Judge:SP Status:
    Oral Argument:02/11/2021 at 10:00 AMOral Argument Location:Las Vegas
    Submission Date:02/11/2021How Submitted:After Oral Argument

    + Party Information
    RoleParty NameRepresented By
    PetitionerEdward N. DetwilerMark A. Hutchison (Hutchison & Steffen, LLC/Las Vegas)
    Michael K. Wall (Hutchison & Steffen, LLC/Las Vegas)
    Brenoch R. Wirthlin (Hutchison & Steffen, LLC/Las Vegas)
    Real Party in InterestBaker Boyer National BankJohn E. Bragonje (Lewis Roca Rothgerber Christie LLP/Las Vegas)
    RespondentRichard Scotti
    RespondentThe Eighth Judicial District Court of the State of Nevada, in and for the County of Clark

    Docket Entries
    DateTypeDescriptionPending?Document
    05/22/2020Filing FeeFiling fee paid. E-Payment $250.00 from Brenoch R. Wirthlin. (SC)
    05/22/2020Petition/WritFiled Petition for Writ of Mandamus or Prohibition. (SC)20-19696
    05/22/2020MotionFiled Petitioner's Emergency Motion Under NRAP Rule 27(e) to Stay Execution of Contempt Judgment Pending Review of Petition for Writ of Mandamus/Prohibition. (SC)20-19695
    05/22/2020AppendixFiled Appendix to Petition for Writ Vol I. (SC).20-19697
    05/22/2020AppendixFiled Appendix to Petition for Writ Vol II. (SC).20-19698
    05/22/2020AppendixFiled Appendix to Petition for Writ Vol III. (SC).20-19699
    05/22/2020AppendixFiled Appendix to Petition for Writ Vol IV. (SC).20-19700
    05/22/2020AppendixFiled Appendix to Petition for Writ Vol V. (SC).20-19701
    05/27/2020MotionFiled Real Party in Interest's Opposition to Motion to Stay Execution. (SC)20-20078
    05/27/2020MotionFiled Real Party in Interest's Motion to Strike. (SC)20-20079
    05/28/2020Order/ProceduralFiled Order Directing Answer and Denying Stay. Real Party in Interest's Answer to the Petition for Writ due: 28 days. Petitioner shall have until 14 days from when the answer is served to file and serve a reply. Petitioner has also filed an emergency motion seeking to stay enforcement of the district court's judgment pending consideration of this petition, and real party in interest has filed an opposition. We deny the motion. fn1 [As acknowledged in footnote 3 to the motion, petitioner's motion for stay exceeds the NRAP 27(d)(2) page limit. Although we have considered this motion due to its emergency nature, we remind petitioner that we will not normally accept for filing motions with excess pages unless a separate motion to exceed the page limit is concurrently filed and granted. As we have considered the stay motion, real party in interest's motion to strike the stay motion is denied.] (SC).20-20174
    06/25/2020MotionFiled Real party in Interest's Motion for Extension to File Answer. (SC)20-23623
    06/29/2020Notice/IncomingFiled Petitioner's Notice of Non-Opposition to Real Party in Interest's Motion for Extension to File Answer. (SC)20-24042
    07/16/2020Order/ProceduralFiled Order Granting Motion. Real Party in Interest's Answer due: July 27, 2020. (SC).20-26164
    07/27/2020MotionFiled Real Party in Interest's Motion for Extension to File Answer. (SC)20-27188
    08/03/2020MotionFiled Petitioner's Response to Respondent's Second Motion for Extension to File Answer and Countermotion for Stay. (SC)20-28329
    08/07/2020MotionFiled Real Party in Interest's Reply in Support of Motion for Extension to File Answer and Opposition to "Countermotion" for Stay. (SC)20-29108
    08/24/2020Order/ProceduralFiled Order Granting Motion for Extension and Denying Countermotion for Stay. Real party in interest shall have until August 26, 2020, to file and serve the answer. Petitioner shall have 14 days from service of the answer to file and serve any reply. Petitioner's countermotion for a stay is denied. Petitioner already moved to stay the lower court's judgment, and this court denied that motion in an order issued on May 28, 2020. (SC)20-31042
    08/26/2020BriefFiled Real Party in interest Answering Brief. (REJECTED PER NOTICE FILED ON 8/26/2020) (SC)
    08/26/2020AppendixFiled Real Party in Interest Appendix Volume 2-4. (REJECTED PER NOTICED FILED ON 8/26/2020) (SC)
    08/26/2020Notice/OutgoingIssued Notice of Rejection of Deficient Answering Brief and Appendix. Corrected brief and appendix due: 5 days.20-31508
    08/26/2020BriefFiled Real Party in Interest Answering Brief. (SC)20-31515
    08/26/2020AppendixFiled Real Part in Interest Appendix Vol. 1 (SC)20-31520
    08/26/2020AppendixFiled Real Party in Interest Appendix Vol. 2 (SC)20-31521
    08/26/2020AppendixFiled Real Party in Interest Appendix Vol. 3 (SC)20-31524
    08/26/2020AppendixFiled Real Party in Interest Appendix Vol. 4 (SC)20-31525
    09/08/2020Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Petitioner's Reply Brief Due: September 23, 2020. (SC)20-33001
    09/23/2020Petition/WritFiled Petitioner's Reply to petition for Writ of Mandamus or Prohibition. (SC)20-35123
    01/05/2021Order/ProceduralFiled Order Scheduling Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter is scheduled for oral argument on February 11, 2021, at 10:00 a.m. The argument will be videoconferenced. The argument shall be limited to 30 minutes. Within 14 days of the date of this order, the parties shall submit to the Clerk of the Court a notice identifying the attorney(s) who will argue the case and the phone number and email address of the attorney(s). The notice may be emailed to the court at nvscclerk@nvcourts.nv.gov. The attorneys will be required to schedule a session with the Clerk of the Court to test capabilities of the connection and video equipment approximately one week prior to argument. (SC).21-00286
    01/27/2021Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)21-02506
    02/11/2021Case Status UpdateOral argument held this day. Case submitted for decision. Before the Southern Nevada Panel. 81220. (SNP21-RP/LS/AS) (SC)
    05/06/2021Opinion/DispositionalFiled Authored Opinion. "Petition granted in part and denied in part." Before: Parraguirre/Stiglich/Silver. Author: Stiglich, J. Majority: Parraguirre/Stiglich/Silver. 137 Nev. Adv. Opn. No. 18. SNP21-RP/LS/AS. (SC).21-12959
    05/06/2021WritIssued Writ with letter. Original and two copies of writ and two copies of opinion mailed to Attorney Brenoch R. Wirthlin for service upon the Chief Judge and Department 2. (SC)21-12982
    05/10/2021WritFiled Returned Writ. Original Writ returned. Served on Chief Judge Linda Bell and District Court Department 4 on May 10th, 2021.21-13336
    06/01/2021RemittiturIssued Notice in Lieu of Remittitur. (SC)21-15528
    06/01/2021Case Status UpdateNotice in Lieu of Remittitur Issued/Case Closed. (SC)

Document Info

Docket Number: 81220

Citation Numbers: 2021 NV 18

Filed Date: 5/6/2021

Precedential Status: Precedential

Modified Date: 12/9/2021