Mason-McDuffie Real Estate v. Villa Fiore, 335 P.3d 211

61233: Case View

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Cases Case Search Participant Search Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 61233 Short Caption: MASON-MCDUFFIE REAL ESTATE VS. VILLA FIORE DEV. Classification: Civil Appeal - General - Other Lower Court Case(s): Washoe Co. - Second Judicial District - CV0800629 Case Status: Remittitur Issued/Case Closed Disqualifications: Panel Assigned: Panel Replacement: To SP/Judge: 07/11/2012 / Hamilton, Paul SP Status: Completed Oral Argument: Oral Argument Location: Submission Date: 06/24/2014 How Submitted: On Record And Briefs + Party Information Role Party Name Represented By Appellant Mason-McDuffie Real Estate, Inc. Matthew A. Cavanaugh (Olson, Cannon, Gormley, Angulo & Stoberski) Michael E. Stoberski (Olson, Cannon, Gormley, Angulo & Stoberski) Appellant Prudential Nevada Realty Matthew A. Cavanaugh (Olson, Cannon, Gormley, Angulo & Stoberski) Michael E. Stoberski (Olson, Cannon, Gormley, Angulo & Stoberski) Respondent Villa Fiore Development, LLC Patrick R. Millsap (Fahrendorf, Viloria, Oliphant & Oster, LLP) 14-32746: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Docket Entries Date Type Description Pending? Document 07/09/2012 Filing Fee Filing fee due for Appeal. Filing fee will be forwarded by the District Court. 07/09/2012 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 12-21523 07/09/2012 Notice/Outgoing Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. 12-21525 07/11/2012 Settlement Notice Issued Notice: Assignment to Settlement Program - Settlement Judge: Paul F. Hamilton. 12-21833 07/12/2012 Filing Fee Filing Fee Paid. $250.00 from Olson, Cannon, Gormley & Desruisseaux. Check No. 115195. 07/27/2012 Docketing Statement Filed Docketing Statement. 12-23856 08/07/2012 Docketing Statement Filed Response to Docketing Statement. 12-24853 08/07/2012 Motion Filed Respondent Villa Fiore's Motion to Dismiss Appeal. 12-24866 08/17/2012 Motion Filed Defendant Mason-McDuffie Realty, Inc. dba Prudential Nevada Realty's Response to Plaintiff Villa Fiore's Motion to Dismiss. 12-25914 08/23/2012 Motion Filed Respondent Villa Fiore's Reply ISO Motion to Dismiss. 12-26666 10/05/2012 Settlement Order/Procedural Filed Order Denying Motion to Dismiss/Settlement. This denial is without prejudice to respondent's right to renew the motion upon completion of settlement proceedings. Settlement Judge: Early Case Assessment Report due 15 days. Fn1 [If the settlement judge determines that the alleged jurisdictional defect is such that it renders mediation impractical, he may recommend that the appeal be removed from the settlement program. See NRAP 16(b). Otherwise, this matter should proceed to mediation.] 12-31441 10/10/2012 Notice/Incoming Filed Notice of Change of Firm Name (Olson, Cannon, Gormley & Desruisseaus has changed to Olson, Cannon, Gormley, Angulo & Stoberski). 12-31999 11/26/2012 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is rescheduled for November 19, 2012. 12-37244 11/26/2012 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 12-37245 12/18/2012 Settlement Order/Procedural Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 15 days transcript request; 90 days opening brief and appendix. 12-39996 12/21/2012 Motion Filed Respondent Villa Fiore Development, LLC's Renewed Motion to Dismiss. 12-40498 12/28/2012 Transcript Request Filed Certificate of No Transcript Request. 12-41174 01/04/2013 Motion Filed Appellant Mason-McDuffie Realty, Inc. dba Prudential Nevada Realty's Response to Respondent Villa Fiore's Renewed Motion to Dismiss. 13-00280 03/19/2013 Appendix Filed Appendix to Opening Brief volume 1. 13-08268 03/19/2013 Appendix Filed Appendix to Opening Brief Volume 2. 13-08270 03/19/2013 Brief Filed Appellant's Opening Brief. 13-08297 04/08/2013 Order/Procedural Filed Order of Limited Remand. We remand this matter to the district court for the sole purpose of resolving this factual question of whether appellant's NRCP 59 motion to alter or amend was timely submitted for filing. The district court's findings shall be certified and transmitted to the clerk of this court within 60 days of the date of this order. Briefing suspended. 13-10109 05/21/2013 Notice/Incoming Filed Notice of Entry of Order. 13-14908 05/22/2013 Order/Incoming Filed District Court Order. Copy of Findings of Fact and Conclusions of Law filed in district court on 05/20/13. 13-15137 06/26/2013 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. 13-18751 06/27/2013 Filing Fee Returned Filing Fee. Check No. 117761 returned to Olson, Cannon, Gormley, Angulo & Stoberski. . 06/28/2013 Motion Filed Defendant Mason-McDuffie Realty, Inc. dba Prudential Nevada REalty's Motion for : (1) Leave to File a Supplemental Response to Plaintiff Villa Fiore's Motion to Dismiss; (2) Leave to Consolidate Appeal. (DETACHED SUPPLEMENTAL RESPONSE AND FILED PER ORDER 10/9/13) 13-19060 07/11/2013 Motion Filed Respondent Villa Fiore's Opposition to Appellant's Motions to (a) Leave to File a Supplemental Response; (b) Leave to Consolidate Appeals; and (c) Leave to File Supplemental Opening Brief. 13-20313 07/23/2013 Motion Received Appellant Mason-McDuffie Realty, Inc.'s Reply to Respondent Villa Fiore Development, LLC's Opposition to Motion for Leave. (FILED PER ORDER 10/9/13) 07/23/2013 Motion Filed Appellant Mason-McDuffie Realty, Inc. dba Prudential Nevada Realty's Request for Extension of Time to File Reply. 13-21689 07/30/2013 Motion Filed Respondent Villa Fiore's Opposition to Appellant's Request to Extend Time. 13-22444 10/09/2013 Order/Procedural Filed Order Partially Dismissing Appeal and Reinstating Briefing. Appellant's motion for leave to file a supplemental response to the motion to dismiss is granted; the clerk of this court shall detach and file the proposed supplemental response attached to the June 28 motion. Appellant's motion for leave to file a late reply to the opposition is also granted; the clerk of this court shall file the reply provisionally received in this court on July 23, 2013. We dismiss this appeal as to the district court's order on remand, only, and appellant's requests to consolidate the appeals an for leave to file a supplemental opening brief are denied. Respondent's motion to dismiss the appeal from the June 17 final judgment is denied. We reinstate the briefing schedule as follows. Respondent: Answering brief due: 30 days. 13-30146 10/09/2013 Motion Filed Defendant Mason-McDuffie Realty, Inc. DBA Prudential Nevada Realty's Supplemental Opposition in Response to Plaintiff Villa Fiore's Motion to Dismiss. 13-30147 10/09/2013 Motion Filed Appellant Mason-McDuffie Realty, Inc.'s Reply to Respondent Villa Fiore Development, LLC's Opposition to Motion for Leave. 13-30148 10/16/2013 Notice/Incoming Filed Notice of Appearance (Patrick R. Millsap, Esq. of Fahrendorf, Viloria, Oliphant & Oster LLP. appearing on behalf of Respondent, Villa Fiore Development, LLC). 13-30945 10/17/2013 Motion Filed Stipulation to Extend Time to File Answering Brief. 13-31155 10/17/2013 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Answering Brief due: December 09, 2013. 13-31236 12/06/2013 Motion Filed Respondent's Motion to Extend the Time to File the Answering Brief. 13-36847 12/31/2013 Order/Procedural Filed Order Granting Motion for Extension of Time. Respondent: Answering Brief due: January 9, 2014. 13-39628 01/09/2014 Brief Filed Respondent's Answering Brief. 14-00866 01/09/2014 Appendix Filed Appendix to Answering Brief, Volume 1. 14-00867 01/09/2014 Appendix Filed Appendix to Answering Brief, Volume 2. 14-00868 01/09/2014 Appendix Filed Appendix to Answering Brief, Volume 3. 14-00869 01/09/2014 Appendix Filed Appendix to Answering Brief, Volume 4. 14-00870 01/09/2014 Appendix Filed Appendix to Answering Brief, Volume 5. 14-00871 02/10/2014 Brief Filed Appellant's Reply Brief. 14-04318 02/11/2014 Case Status Update Briefing Completed/To Screening. 02/11/2014 Notice/Incoming Filed Notice of Disassociation of Counsel Roger S. Doyle. 14-04422 06/24/2014 Order/Procedural Filed Order Submitting for Decision without Oral Argument. 14-20738 10/02/2014 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Before: Pickering/Parraguirre/Saitta. Author: Parraguirre, J. Majority: Parraguirre/Pickering/Saitta. 130 Nev. Adv. Opn. No. 83. NNP14-KP/RP/NS 14-32746 10/27/2014 Remittitur Issued Remittitur. 14-35656 10/27/2014 Case Status Update Remittitur Issued/Case Closed.

Case Details

Case Name: Mason-McDuffie Real Estate v. Villa Fiore

Court Name: Nevada Supreme Court

Date Published: Oct 2, 2014

Citations: 335 P.3d 211; 2014 NV 83; 61233

Docket Number: 61233

Court Abbreviation: Nev.