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Case Information: 80466
Short Caption:IN RE: PAUL D. BURGAUER REVOCABLE LIVING TR. C/W 82067Court:Supreme Court
Consolidated:80466*, 82067Related Case(s):76650, 76650-COA, 76691, 78872, 78872-COA, 80466-COA, 82067, 82067-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - P094731, P094791Classification:Civil Appeal - Family Law - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:Exempt
Oral Argument:Oral Argument Location:
Submission Date:08/19/2022How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/24/2020Filing FeeFiling fee due for Appeal. Filing fee will be forwarded by the District Court. (SC)
01/24/2020Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC)20-03404
01/24/2020Notice/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)20-03408
01/24/2020Filing FeeFiling Fee Paid. $250.00 from Howard & Howard Attorneys. Check no. 8568. (SC)
01/27/2020Settlement NoticeIssued Notice: Exemption from Settlement Program. It has been determined that this appeal will not be assigned to the settlement program. Appellant: 14 days transcript request form; 120 days opening brief. (SC)20-03725
01/31/2020Notice of Appeal DocumentsFiled Copy of District Court Minutes from January 15, 2020. (SC)20-04476
02/06/2020Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/20/19, 12/11/19, and 1/15/20 To Court Reporter: Transcript Video Services. (SC)20-05232
02/12/2020Docketing StatementFiled Appellant's Docket Statement Civil Appeals. (SC)20-05885
02/25/2020TranscriptFiled Notice from Court Reporter. Sherry Justice stating that the requested transcripts were delivered. Dates of transcripts: 11/20/19. (SC).20-07554
05/19/2020Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant's Opening Brief and Appendix due: June 9, 2020. (SC)20-19065
06/09/2020AppendixFiled Appendix to Opening Brief Volume 1 of X. (SC)20-21663
06/09/2020AppendixFiled Appendix to Opening Brief Volume II of X. (SC)20-21664
06/09/2020AppendixFiled Appendix to Opening Brief Volume III of X. (SC)20-21666
06/09/2020AppendixFiled Appendix to Opening Brief Volume IV of X. (SC)20-21668
06/09/2020AppendixFiled Appendix to Opening Brief Volume V of X. (SC)20-21672
06/09/2020AppendixFiled Appendix to Opening Brief Volume VI of X. (SC)20-21673
06/09/2020AppendixFiled Appendix to Opening Brief Volume IX of X. (SC)20-21674
06/09/2020AppendixFiled Appendix to Opening Brief Volume X of X. (SC)20-21675
06/09/2020AppendixFiled Appendix to Opening Brief Volume VII of X. (SC)20-21685
06/09/2020AppendixFiled Appendix to Opening Brief Volume VIII of X. (SC)20-21687
06/09/2020MotionFiled Appellant's Motion to Exceed Page Limitation On Appellant's Opening Brief. (SC)20-21702
06/09/2020BriefFiled Appellant's Opening Brief. (SC)20-21703
06/24/2020MotionFiled Respondent's Motion to Withdraw as Counsel of Record for Respondent, Margaret Burgauer. (SC)20-23365
06/30/2020MotionFiled Stipulation to Extend Time to File Answer (REJECTED PER 7/1/20 NOTICE). (SC)
07/01/2020Notice/OutgoingIssued Notice Of Rejection (Stipulation to Extend Time to File Answer) - No Notice Of Appearance. (SC)20-24404
07/03/2020Notice/IncomingFiled Notice of Appearance. Melissa A. Edwards for Premier Trust, Inc. (SC)20-24657
07/03/2020MotionFiled Stipulation to Extend Time to File Answer. (SC)20-24658
07/03/2020Notice/IncomingFiled Notice of Appearance. Tom W. Stewart for Respondent. (SC)20-24659
07/07/2020Order/ProceduralFiled Order Granting Motions and Regarding Caption and Counsel. Appellant's unopposed motion for leave to file an opening brief in excess of the page and type-volume limitations is granted. NRAP 32(a)(7)(D). The opening brief was filed on June 9, 2020. The clerk shall modify the caption of this appeal consistent with the caption on this order. Pursuant to the July 3, 2020, notice of appearance, the clerk shall add attorney Melissa A. Edwards of Edwards Law Firm as counsel of record for Premier Trust. Attorney James Beckstrom's motion to withdraw as counsel for respondent Margaret Burgauer is granted. NRAP 46(e)(3). The clerk shall remove Mr. Beckstrom and the firm Marquis Aurbach Coffing as counsel of record for Ms. Burgauer. Pursuant to the notice of appearance filed on July 3, 2020, the clerk shall add Tom W. Stewart of The Powell Law Firm as counsel for Ms. Burgauer. The stipulation for an extension of time to file the answering briefs is treated as a joint motion for an extension of time and granted. Respondents' Answering Briefs due: October 7, 2020. (SC).20-24994
09/30/2020MotionFiled Respondent's Motion to Dismiss Appeal and Motion to Stay Briefing (SC)20-35835
10/01/2020AppendixFiled Respondent Premier Trust's Appendix to Motion to Dismiss Vol. 1 (SC)20-36124
10/01/2020AppendixFiled Respondent Premier Trust's Appendix to Motion to Dismiss Vol. 2 (SC)20-36127
10/02/2020MotionFiled Response to Motion Respondent Margaret Burgauer's Joinder to Motion to Dismiss and Motion to Stay Briefing. (SC)20-36369
10/06/2020MotionFiled Appellant's Motion for Extension to File Response to Respondent's Motion to Dismiss Appeal and Motion to Stay Briefing. (SC)20-36668
10/14/2020Order/ProceduralFiled Order Granting Motion. Appellant's motion for an extension of time to file an opposition to the motion to dismiss is granted. Appellant shall have until November 5, 2020, to file and serve any opposition. (SC)20-37784
11/06/2020BriefFiled Response To Motion To Dismiss Appeal And Motion To Stay Briefing Pending Resolution Of Motion To Dismiss. (REJECTED PER NOTICE ISSUED ON 11/9/2020) (SC)
11/06/2020MotionFiled Appellant's Motion for Excess Pages. (REJECTED PER NOTICE ISSUED ON 11/9/2020) (SC)
11/09/2020Notice/OutgoingIssued Notice of Rejection of Filed Document Response to Motion. (SC)20-40850
11/09/2020MotionFiled Appellant's Motion for Extension to File Response to Respondent Margaret Burgauer's Motion to Dismiss Appeal and Motion to Stay Briefing. (SC)20-40961
11/09/2020MotionFiled Appellant's Motion for Exceed Page Limitation on Appellant's Response to Motion to Dismiss. (SC)20-40963
11/09/2020BriefFiled Appellant's Response to Motion to Dismiss Appeal and Motion to Stay Briefing Pending Resolution of Motion to Dismiss. (SC)20-40964
11/13/2020Order/ProceduralFiled Order Granting Motions. Appellant's untimely motion for an extension of time to file an opposition to the motion to dismiss and the motion for leave to file an opposition in excess of the page limitation are granted to the following extent. The opposition was filed on November 9, 2020. Respondents shall have 7 days from the date of this order to file and serve any reply. (SC).20-41468
11/18/2020MotionFiled Respondent Premier Trust's Motion for Extension of Time to File Reply in Support of Motion to Dismiss. (SC)20-42213
11/20/2020Order/ProceduralFiled Order Granting Motion. Respondent Premier Trust's motion for an extension of time to file a reply in support of the motion to dismiss is granted. Premier Trust shall have until December 21, 2020, to file and serve a reply. (SC)20-42414
12/21/2020MotionFiled Respondent Premier Trust's Reply In Support of Motion to Dismiss Appeal and Motion to Stay Briefing. (SC)20-46032
03/08/2021Order/ProceduralFiled Order Denying Motion to Dismiss. Respondent Premier Trust moves to dismiss this appeal for lack of jurisdiction and to stay briefing. The motion to dismiss is denied without prejudice. Respondents shall have 30 days from the date of this order to file and serve their answering briefs. (SC)21-06602
04/08/2021MotionFiled Joint Motion to Extend Time for Both Respondents' to File Answering Brief's. (SC)21-10096
04/15/2021Order/ProceduralFiled Order Granting Motion in Part. Margaret Burgauer shall have until May 7, 2021, to file and serve her answering brief. Premier Trust shall have 7 days from the date of this order to file and serve its answering brief. (SC)21-10955
04/19/2021MotionFiled Respondent's (Premier Trust) Motion to Extend Time to File Answering Brief. (Second Request)(SC)21-11275
04/20/2021Order/ProceduralFiled Order Granting Motion. Respondent Premier Trust shall have until May 7, 2021, to file and serve its answering brief. (SC)21-11439
05/07/2021BriefFiled Respondents' Joint Answering Brief. (SC)21-13221
05/07/2021AppendixFiled Respondents' Joint Appendix. Vol. 1. (PAGES 171-179 STRICKEN PER 6/11/21 ORDER). (SC)21-13222
05/07/2021AppendixFiled Respondents' Joint Appendix. Vol. 2. (SC)21-13223
05/07/2021AppendixFiled Respondents' Joint Appendix. Vol. 3. (SC)21-13224
05/20/2021MotionFiled Appellants' Motion to Strike Portions of Respondent's Answering Brief and Appendix. (SC)21-14613
05/21/2021Notice/IncomingFiled Appellants' Errata to Motion to Strike Portions of Respondent's Answering Brief and Appendix. (SC)21-14649
06/04/2021Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant's Reply Brief due: June 21, 2021. (SC)21-16090
06/11/2021Order/ProceduralFiled Order Granting Motion to Strike. Appellant has filed an unopposed motion to strike documents from respondents' appendix that appellant contends were not produced in the underlying proceedings or relied upon by the district court, as well as the portion of the answering brief that references those documents. The motion is granted to the following extent. The clerk shall strike pages 171-79 of respondents' appendix filed on May 7, 2021. This court will disregard any reference to pages 171-79 of respondents' appendix made in the answering brief when resolving this appeal. Appellant's request to sanction counsel for respondents is denied. (SC)21-16827
06/21/2021BriefFiled Appellant's Reply Brief. (SC)21-17845
06/22/2021Case Status UpdateBriefing Completed/To Screening. (SC)
07/08/2021Order/ProceduralFiled Order Partially Dismissing Appeal. This appeal is partially dismissed to the extent appellant attempts to challenge orders that were not identified in his notice of appeal and his arguments regarding such orders will be disregarded. (SC)21-19525
07/09/2021Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals. (SC).21-19726
07/09/2021Case Status UpdateTransferred to Court of Appeals. (SC).
09/23/2021Order/DispositionalFiled Order Granting Petition (Docket No. 82067-COA), Vacating (Docket No. 80466-COA) and Remanding. "ORDER the petition GRANTED AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF PROHIBITION instructing the district court to vacate its order denying petitioner's petition to dismiss and to enter an order granting petitioner's petitioner to dismiss (Docket No. 82067-COA), AND VACATE all other orders issued in the underlying litigation (Docket No. 80466-COA) and REMAND to the district court to return the trust to the status quo before litigation commenced in Nevada, to the extent feasible, including returning the proceeds of the Florida sale back to the marital trust and vacating the orders removing Steven as trustee and appointing Premier as temporary trustee." Court of Appeals- MG/JT/BB. Nos. 80466/82067. (COA)
09/30/2021Notice/IncomingFiled Appellant's Proof of Service for Writ of Prohibition. Nos. 80466/82067 (SC)21-28164
09/30/2021Case Status UpdateTransferred from Court of Appeals
10/01/2021Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Margaret Burgauer's petition for review due: October 25, 2021. Nos 80466/82067. (SC)21-28255
10/20/2021Post-Judgment PetitionFiled Respondent's (Margaret Burgauer) Petition for Review. Nos. 80466/82067. (SC)21-30267
11/02/2021Order/ProceduralFiled Order/Answer Petition for Review. Appellant's Answer due: 14 days. Nos. 80466/82067. (SC)21-31539
11/12/2021Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's answer to petition for review due: November 30, 2021. Nos. 80466/82067. (SC)21-32558
11/24/2021Post-Judgment PetitionFiled Appellant's Answer to Petition for Review. Nos. 80466/82067. (SC)21-33845
01/06/2022Post-Judgment OrderFiled Order Granting Petition for Review and Directing Supplemental Briefing. Appellant shall have 30 days from the date of this order to file and serve a supplemental brief addressing the question presented for review. Respondents shall have 30 days from service of appellant's brief to file and serve a supplemental answering brief, and appellant shall have 15 days thereafter to file and serve any supplemental reply brief. Briefing shall comply with the relevant provisions of NRAP 28 to 32, and the parties may cite to appendices submitted with the original briefs. Nos. 80466/82067. (SC)22-00520
01/10/2022Notice/IncomingFiled Notice of Appearance. Liane K. Wakayama, Esq., Dale A. Hayes, Jr., Esq. and Jeremy D. Holmes, Esq. of the law firm of Hayes Wakayama are hereby appearing in this matter as co-counsel for Margaret Burgauer with Tom W. Stewart, Esq. of The Powell Law Firm. Nos. 80466/82067. (SC)22-00865
02/04/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant Steven Burgauer shall have until February 22, 2022, to file and serve his supplemental brief. Nos. 80466/82067. (SC)22-03875
02/22/2022BriefFiled Appellant's Supplemental Opening Brief. Nos. 80466/82067 (SC)22-05827
03/17/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent Margaret Burgauer's supplemental answering brief due: April 7, 2022. Nos 80466/82067. (SC)22-08538
04/05/2022BriefFiled Respondent Margaret Burgauer's Supplemental Answering Brief. Nos. 80466/82067 (SC)22-10572
04/20/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant/Petitioner's Supplemental Reply Brief due: May 4, 2022. Nos 80466/82067. (SC)22-12454
05/04/2022BriefFiled Appellant's Supplemental Reply Brief. Nos. 80466/82067 (SC)22-14290
08/19/2022Order/ProceduralFiled Order Submitting for Decision Without Oral Argument. Nos. 80466/82067. (SC)22-25952
12/15/2022Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded with instructions (Docket No. 80466); petition granted (Docket No. 82067). Before the Court En Banc. Author: Cadish, J. Majority: Parraguirre/Hardesty/Stiglich/Cadish/Pickering/Herndon. fn7 [The Honorable Abbi Silver having retired, this matter was decided by a six-justice court.] 138 Nev. Adv. Opn. No. 79. En Banc. Nos. 80466/82067. (SC).22-39348
12/15/2022WritIssued Writ with letter. Original and one copy of Writ of Prohibition and copy of Opinion mailed to James A. Kohl for service upon Judge Trevor L. Atkin. Nos. 80466/82067. (SC)22-39383
12/20/2022Notice/IncomingFiled Appellant's Proof of Service for Writ of Prohibition. Nos. 80466/82067 (SC)22-39986
12/22/2022WritFiled Returned Writ. Original Writ returned. Served on Judge Barisich on 12/20/22. Nos. 80466/82067(SC).22-40259
01/09/2023Case Status UpdateRemittitur Issued/Case Closed. NOS 82067. (SC)
01/09/2023RemittiturIssued Remittitur. NOS 80466/82067. (SC)23-00593
01/27/2023RemittiturFiled Remittitur. Received by District Court County Clerk on January 10, 2022. (SC)23-00593