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Combined Case Information: 85008 & 85008-COA
Short Caption:POWELL VS. TICO CONSTR. CO., INC.Court:Supreme Court & Court of Appeals
Related Case(s):55500, 85008-COA, 85965, 87899, 87899-COA
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0801202Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:07/18/2022 / Mangiaracina, MelissaSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/14/2022Filing FeeFiling Fee Paid. $250.00 from Millward Law. Check no. 1982. (SC)
07/14/2022Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC)22-22266
07/14/2022Notice/OutgoingIssued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. (SC)22-22270
07/18/2022Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Melissa Mangiaracina. (SC)22-22470
08/05/2022Notice/OutgoingIssued Notice to File Docketing Statement. Due date: 7 days. (SC)22-24560
08/05/2022Docketing StatementFiled Appellant's Civil Docketing Statement. (SC)22-24637
08/12/2022Settlement Program ReportFiled ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation. (SC).22-25338
08/15/2022Settlement Order/ProceduralFiled Order Removing From Settlement Program/Briefing Reinstated. This appeal is removed from the settlement program. Appellant(s): 14 days transcript request; 90 days opening brief. (SC)22-25408
09/06/2022MotionFiled Appellant's Emergency Motion for Temporary Stay. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 09/06/22 NOTICE)22-27727
09/06/2022Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals. (SC).22-27875
09/06/2022Case Status UpdateTransferred to Court of Appeals. (SC).
09/06/2022Case Status UpdateTransferred from Supreme Court. (COA).
09/06/2022MotionFiled Appellant's Emergency Motion for Temporary Stay. (TRANSFERRED FROM THE SUPREME COURT PER 09/06/22 NOTICE). (COA)22-27876
09/06/2022Notice/IncomingFiled Appellant's Withdrawal of Emergency Motion for Temporary Stay. (COA)22-27890
09/06/2022Order/ProceduralFiled Order Regarding Emergency Motion. This morning, appellant filed an emergency motion for stay pending appeal, seeking to preclude the sale of his residence in execution on the judgment. Appellant has now filed a notice of withdrawal of the motion, indicating that the sale is no longer scheduled. Accordingly, this court takes no action on the emergency motion. (COA)22-27915
09/21/2022Notice/OutgoingIssued Notice to Request Transcripts. Due date: 7 days. (COA)22-29687
09/21/2022Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 4/12/22 and 10/14/20. To Court Reporter: Unknown. (REJECTED PER NOTICE FILED ON 9/21/22) (COA)
09/21/2022Notice/OutgoingIssued Notice of Rejection of Deficient Transcript Request. (COA)22-29713
09/22/2022TranscriptFiled Notice from Court Reporter. Kate Murray stating that the requested transcripts were delivered. Dates of transcripts: 4/12/22. (COA)22-29844
09/28/2022Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/14/20 and 4/12/22. To Court Reporter: Sunshine Litigation Services. (SC)22-30458
10/31/2022TranscriptFiled Notice from Court Reporter. Evelyn J. Stubbs stating that the requested transcripts were delivered. Dates of transcripts: 10/14/20. (SC)22-34107
11/10/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants opening brief and appendix due: November 28, 2022. (COA)22-35578
11/28/2022AppendixFiled Appendix to Opening Brief Volumes 1-17. (COA).22-37179
11/28/2022BriefFiled Appellant's Opening Brief. (COA).22-37163
12/20/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent's answering brief due: January 11, 2023. (COA)22-39977
01/11/2023Notice/IncomingFiled Respondent's Notice of Change of Firm Name. (SC)23-00930
01/11/2023Notice/IncomingFiled Respondent's Notice of Change of Firm Name. (FILED IN WRONG COURT)(SC)
01/11/2023MotionFiled Respondent's Motion to Dismiss Appeal. (REJECTED PER 01/12/22 NOTICE) (COA).
01/12/2023Notice/OutgoingIssued Notice of Rejection of Filed Document (Respondent's Motion to Dismiss). (COA).23-01059
01/18/2023MotionFiled Respondent's Motion to Dismiss Appeal. (REJECTED PER NOTICE FILED ON 1/19/23) (COA)
01/19/2023Notice/OutgoingIssued Notice of Rejection of Filed Document. (COA)23-01787
01/19/2023MotionFiled Respondent's Motion to Dismiss Appeal. (COA)23-01831
01/24/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's response to motion to dismiss due: February 9, 2023. (COA)23-02203
02/09/2023MotionFiled Appellant's Response to Motion to Dismiss Appeal. (COA)23-04117
03/27/2023Order/ProceduralFiled Order Denying Motion. Respondent has filed a motion to dismiss this appeal in part for lack of jurisdiction. Appellant timely filed a notice of appeal from the order denying relief under NRCP 60(b). And such an order is generally appealable. The motion to dismiss is denied without prejudice. Respondent also seeks to stay briefing of this appeal pending resolution of the appeal in Docket No. 81974, which respondent asserts involves one of the same issues presented in this appeal. Accordingly, the request is treated as a request to stay briefing of this appeal pending resolution of the appeal in Docket No. 85389. respondent asks that this appeal and the appeal in Docket No. 85389 be consolidated. In opposition, appellant asserts that the issues in the two appeals do not completely overlap and will likely be resolved on different grounds. It does not appear that resolution of the appeal in Docket No. 85389 will render this appeal moot simply because it raises an issue identical or similar to an issue in this appeal. Nor are we convinced that a stay is otherwise warranted. Therefore, we deny the motion to stay the briefing of this appeal pending resolution of the appeal in Docket No. 85389. As the two appeals are pending in different courts, the request to consolidate is also denied. Respondent shall have 30 days from the date of this order to file and serve the answering brief. fn1[ The remittitur issued in Docket No. 81974 prior to the docketing of this appeal.] (COA)23-09253
04/26/2023BriefFiled Respondent's Answering Brief (REJECTED PER NOTICE FILED ON 4/27/2023). (COA)
04/26/2023AppendixFiled Respondent's Amended Appendix to Answering Brief. (COA)23-13090
04/27/2023Notice/OutgoingIssued Notice of Rejection of Deficient Brief. Corrected brief due: 5 days. (COA)23-13142
04/27/2023Notice/OutgoingIssued Notice to Provide Proof of Service for the Appendix. Due date: 7 days. (COA)23-13145
05/01/2023BriefFiled Respondent's Amended Answering Brief (REJECTED PER NOTICE FILED ON 5/2/2023). (COA)
05/01/2023Notice/IncomingFiled Respondent's Proof of Service for the Appendix to the Answering Brief. (COA)23-13559
05/02/2023Notice/OutgoingIssued Notice of Rejection of Deficient Brief. Corrected brief due: 5 days. (COA)23-13775
05/02/2023BriefFiled Respondent's Amended Answering Brief (COA).23-13805
05/27/2023BriefFiled Appellant's Reply Brief (REJECTED PER NOTICE FILED ON 5/30/2023). (SC)
05/30/2023Notice/OutgoingIssued Notice of Rejection of Deficient Brief. Corrected brief due: 5 days. (SC)23-16789
06/05/2023BriefFiled Appellant's Reply Brief. (COA)23-17687
06/06/2023Case Status UpdateBriefing Completed/To Screening. (COA)
11/28/2023Order/DispositionalFiled Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." COA-MG/BB/DW (COA)23-38412
11/28/2023Order/DispositionalFiled Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." COA-MG/BB/DW (SC)
12/16/2023Post-Judgment PetitionFiled Appellant's Petition for Rehearing.(COA)23-40832
12/16/2023Filing FeeFiling fee paid. E-Payment $150.00 from Michael G. Millward.(COA)
12/16/2023AppendixFiled Appellant's Supplemental Appendix Volume XVIII.(COA)23-40833
01/19/2024Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). COA-MG/BB/DW (COA)24-02093
02/07/2024Post-Judgment PetitionFiled Petitioner's Petition for Review by the Nevada Supreme Court. (REJECTED PER NOTICE ISSUED ON 02-07-2024(incorrect court & untimely)(COA)
02/07/2024Notice/OutgoingIssued Notice of Rejection of Filed Document24-04555
02/07/2024MotionFiled Motion for Order Permitting Late Filing of Appellant's Petition.(SC)24-04695
02/07/2024Post-Judgment PetitionFiled Appellant's Petition for Review by the Nevada Supreme Court.(SC)24-04696
02/08/2024Case Status UpdateTransferred to Supreme Court(COA)
02/08/2024Case Status UpdateTransferred from Court of Appeals
02/08/2024Case Status UpdateCase Closed
02/09/2024Order/ProceduralFiled Order Granting Motion. Appellant's motion for an extension of time to file a petition for review is granted. The petition for review was filed on February 7, 2024. (SC)24-04909
03/07/2024Post-Judgment Order/DispositionalOrder Denying Petition for Review. "Review denied." En Banc (SC)24-08176
03/07/2024RemittiturIssued Remittitur.(SC)24-08220
03/07/2024Case Status UpdateRemittitur Issued/Case Closed.(SC)
03/19/2024RemittiturFiled Remittitur. Received by District Court clerk on 03/12/24. (SC)24-08220