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Combined Case Information: 83342-COA & 83342
Short Caption:IN RE: ESTATE OF SWEETCourt:Court of Appeals & Supreme Court
Related Case(s):83342
Lower Court Case(s):Clark Co. - Eighth Judicial District - P103540Classification:Civil Appeal - General - Pro Bono Program
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:09/27/2022 at 1:30 PMOral Argument Location:Las Vegas
Submission Date:09/27/2022How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/09/2021Filing FeeAppeal Filing Fee Waived. In Forma Pauperis. (SC)
08/09/2021Notice of Appeal DocumentsFiled Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. (SC)21-23117
08/09/2021Notice/OutgoingIssued Notice Regarding Deadlines. (SC)21-23120
08/20/2021Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant's Transcript Request Form due: September 7, 2021, and Docketing Statement due: September 13, 2021. (SC)21-24366
08/23/2021Order/ProceduralFiled Order Regarding Pro Bono Counsel and Directing Transmission of Record. This court has determined that the appointment of pro bono counsel to represent appellant would assist this court in reviewing this appeal. Accordingly, the clerk of this court shall transmit a copy of this order, the attached district court order and report and recommendation, and the attached case summary to the Legal Aid Center of Southern Nevada for financial eligibility screening. If appellant qualifies and does not object to pro bono counsel, the Legal Aid Center in cooperation with the Pro Bono Committee shall locate a volunteer attorney from the program to represent appellant. Once an attorney is located, the attorney shall file a notice of appearance in this court within 60 days from the date of this order. Briefing and oral argument will be scheduled thereafter. Briefing suspended. This court has further concluded that review of the complete record is warranted. District court record due: 30 days. (SC)21-24531
08/31/2021Record on Appeal DocumentsFiled Record on Appeal - P103540 - Volume 1 Part 1. (SC)21-25390
08/31/2021Record on Appeal DocumentsFiled Record on Appeal - P103540 - Volume 1 Part 2A. (SC)21-25392
08/31/2021Record on Appeal DocumentsFiled Record on Appeal - P103540 - Volume 2. (SC)21-25393
08/31/2021Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 05/20/21. To Court Reporter: Kerry Esparza. (SC)21-25408
09/02/2021Notice/IncomingFiled Proper Person Notice of District Court Documents. (SC)21-25593
09/02/2021Docketing StatementFiled Proper Person Civil Docketing Statement. (SC)21-25594
09/02/2021Notice/IncomingFiled Proper Person Notice to Correct Decedent's name. (SC)21-25595
09/02/2021Notice/IncomingFiled Proper Person Notice to Request to Correct Error in Name, from Christy Kay Sweets to Christy Kay Sweet. (SC)21-25596
09/02/2021Letter/IncomingFiled Proper Person Letter. (SC)21-25598
09/03/2021Record on Appeal DocumentsFiled Record on Appeal pages 214 to 216 and 220 to 221 (SEALED). (SC)
09/15/2021Order/ProceduralFiled Order. Appellant has filed several documents in this court. Pursuant to appellant's notice filed September 2, 2021, providing a district court order, the clerk of this court shall amend the caption of this appeal to reflect the decedent's name as Marilyn Weeks Sweet, as appears on the caption of this order. This court's docket already reflects appellant's name as Christy Kay Sweet; thus this court takes no action regarding the notice to change appellant's name. Appellant has filed a letter informing this court of her concern that proceedings are continuing in the district court. See NRS 155.195. This court takes no action regarding the letter. Appellant, who is proceeding in forma pauperis, has filed a transcript request form pursuant to NRAP 9(b). This court declines to order the preparation of the requested transcripts at this time. The deadlines for filing documents in this court remain suspended pending further order of this court. (SC)21-26695
09/21/2021Notice/IncomingFiled Proof of Service (Docketing Statement Civil Appeals). (SC)21-27279
10/15/2021Notice/IncomingFiled Court Reporter's Notice of Failure to Pay Transcript fees. (SC)21-29669
10/18/2021Notice/IncomingFiled Notice of Appearance. Michael Feder/Dickinson Wright for Appellant. (SC)21-29813
10/20/2021Order/ProceduralFiled Order Reinstating Briefing. Attorney Michael N. Feder of Dickinson Wright PLLC has now filed a notice of appearance as appellant's pro bono counsel. The clerk of this court shall add Mr. Feder and Dickinson Wright to the docket as counsel for appellant. Appellant's transcript request due: 14 days. Opening brief due: 90 days. fn1 [In light of this order, this court takes no action regarding court recorder Kerry Esparza's notice of appellant's failure to pay fees for transcripts, filed on October 15, 2021.] (SC)21-30120
10/27/2021Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/13/20, and 5/20/21. To Court Reporter: Kerry Esparza. (SC)21-30992
11/05/2021TranscriptFiled Notice from Court Reporter. Kerry Esparza stating that the requested transcripts were delivered. Dates of transcripts: 5/5/21. (SC)21-31944
11/05/2021TranscriptFiled Notice from Court Reporter. Kerry Esparza stating that the requested transcripts were delivered. Dates of transcripts:5/20/21. (SC)21-31946
11/15/2021TranscriptFiled Notice from Court Reporter. Sherry Justice stating that the requested transcripts were delivered. Dates of transcripts: 11/13/20.(SC)21-32684
01/18/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant's Opening Brief due: February 1, 2022. (SC)22-01604
01/31/2022MotionFiled Appellant's Unopposed Motion to Extend Time to File Opening Brief and Supplemental Appendix to Record on Appeal (Second Request). (SC)22-03168
02/03/2022Order/ProceduralFiled Order Granting Motion. Appellant's opening brief and appendix due: March 11, 2022. (SC)22-03684
03/11/2022BriefFiled Appellant's Opening Brief. (SC)22-07939
03/11/2022AppendixFiled Joint Appendix. Vol. 1. (SC)22-07940
03/31/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Respondent's Answering Brief due: April 25, 2022. (SC)22-09977
04/25/2022BriefFiled Respondent's Answering Brief. (SC)22-13111
04/26/2022Notice/IncomingFiled Respondent's Certificate of Service for Answering Brief. (SC)22-13129
05/23/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's reply brief due: June 8, 2022. (SC)22-16231
06/09/2022BriefFiled Appellant's Reply Brief. (SC)22-18339
06/09/2022Case Status UpdateBriefing Completed/To Screening. (SC)
06/29/2022Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals. (SC).22-20434
06/29/2022Case Status UpdateTransferred to Court of Appeals. (SC).
06/29/2022Case Status UpdateTransferred from Supreme Court. (COA).
07/28/2022Order/ProceduralFiled Order Scheduling Oral Argument. This matter is scheduled for oral argument on September 27, 2022, at 1:30 p.m. in Las Vegas. Argument shall be limited to 30 minutes. The Court of Appeals may, on written stipulation by both parties, permit lawyers to participate in oral argument by videoconference. The videoconferencing system the court uses requires laptop/desktop/videoconferencing computer internet access and audio and video (web camera) capability. For a request to be granted, the parties' internet capabilities must be compatible with those of the court. A written stipulation for videoconferencing must be filed with the court on or before August 26, 2022. (COA)22-23730
07/29/2022Notice/IncomingFiled Appellant's Notice of Appearance for Kerry E. Kleiman. (COA)22-23884
09/27/2022Case Status UpdateOral argument held this day. Case submitted for decision. Before the Court of Appeals. MG/JT/BB. (COA).
10/20/2022Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court of Appeals. Author: Gibbons, J. Majority: Gibbons/Tao/Bulla. 138 Nev. Adv. Opn. No. 68. Court of Appeals-MG/JT/BB. (COA).22-32987
10/20/2022Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court of Appeals. Author: Gibbons, J. Majority: Gibbons/Tao/Bulla. 138 Nev. Adv. Opn. No. 68. Court of Appeals-MG/JT/BB. (SC).
11/07/2022Filing FeePetition for Rehearing Filing Fee Waived. In Forma Pauperis. (COA)
11/07/2022Post-Judgment PetitionFiled Petition for Rehearing. (COA)22-35017
11/23/2022Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c).COA-MG/JT/BB. (COA)22-36807
12/12/2022Case Status UpdateTransferred to Supreme Court. (COA)
12/12/2022Case Status UpdateTransferred from Court of Appeals. (SC)
12/12/2022Case Status UpdateCase Closed. (COA)
12/12/2022Post-Judgment PetitionFiled Appellant's Petition for Review by the Supreme Court. (SC)22-38918
12/30/2022Order/ProceduralFiled Order/Answer Petition for Review. Answer due: 14 days. (SC)22-40957
01/13/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent's answer to petition for review due: January 27, 2023. (SC)23-01229
01/27/2023MotionFiled Motion to Extend Time (Answer to Petition for Review). (SC).23-02791
01/31/2023Notice/IncomingFiled Respondent's Certificate of Service. (SC)23-03008
02/03/2023MotionFiled Appellant's Limited Opposition to Motion to Extend Time. (SC)23-03455
02/08/2023Order/ProceduralFiled Order. Counsel for respondent has filed a motion for an extension of time (120 days) to file an answer to appellant's petition for review on the ground that respondent has died and no personal representative for respondent has been appointed. Appellant has filed a limited opposition to the motion. Upon the death of a party, an action may not proceed until a personal representative is substituted for the decedent. Counsel for respondent shall have 60 days from the date of this order to (1) file a motion for the substitution of a personal representative or (2) inform this court that respondent has no personal representative. The deadlines for filing of documents are suspended pending further order of this court. fn1[ Respondent's motion for an extension of time is denied as moot] (SC)23-03851
04/10/2023MotionFiled Respondent's Motion To Substitute Administrators As Respondents. (SC)23-10924
04/12/2023Order/ProceduralFiled Order. Pursuant to this court's order entered on February 8, 2023, Kathryn Sweet and Vanessa Johnson, administrators of the estate of Marilyn Weeks Sweet, have filed a motion to substitute in as respondents in place of deceased respondent Chris Hisgen. . The motion is granted. The clerk of this court shall add Kathryn Sweet and Vanessa Johnson as respondents in place of Chris Hisgen and shall amend the caption in accord with the caption on this order. The clerk shall add attorney Brian H. Nelson and the Law Offices of Brian H. Nelson to the docket as counsel for Kathryn Sweet and Vanessa Johnson. The deadlines for filing documents are reinstated as follows. Respondents shall have 14 days from the date of this order to file and serve an answer to the petition for review. (SC)23-11201
04/26/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondents' answer to petition for review due: May 10, 2023. (SC)23-13052
05/10/2023BriefFiled Respondents' Answering Brief to Petition For Review. (SC)23-14842
06/08/2023Post-Judgment Order/DispositionalOrder Denying Petition for Review. "Review Denied". EN BANC (SC)23-18184
06/08/2023RemittiturIssued Remittitur. (SC)23-18203
06/08/2023Case Status UpdateRemittitur Issued/Case Closed.(SC)
06/15/2023RemittiturFiled Remittitur. Received by District Court County Clerk on June 9, 2023. (SC)23-18203
11/21/2023Notice/IncomingFiled Notice from US Supreme Court/Certiorari Filed. A petition for a writ of certiorari was filed August 5, 2023 and placed on the docket November 15, 2023 as Case No.23-6027.(SC)23-37871
01/30/2024Notice/IncomingFiled Notice from US Supreme Court/Certiorari Denied. The petition for a writ of certiorari is denied.(COA)24-03501
04/10/2024Notice/IncomingFiled Notice from US Supreme Court/Petition for Rehearing is Denied. (COA)24-12644