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Case Information: 86920-COA
Short Caption:ARMSTRONG VS. U.S. BANK NAT'L ASS'NCourt:Court of Appeals
Related Case(s):83545, 86920
Lower Court Case(s):Clark Co. - Eighth Judicial District - A796941Classification:Civil Appeal - General - Proper Person
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/01/2024Case Status UpdateTransferred from Supreme Court (COA).
04/01/2024MotionFiled Proper Person Emergency Motion Under NRAP 27(e)for Stay of Proceedings and Request for Injunction Pending Appeal. (TRANSFERRED FROM THE SUPREME COURT PER 04/01/24 NOTICE) (COA)24-11507
04/01/2024MotionFiled Respondent's U.S. Bank Trust's Response to Appellant's Emergency Motion Under NRAP 27(e) for Stay of Proceedings and Request for Injunction Pending Appeal (TRANSFERRED FROM THE SUPREME COURT PER 04/01/24 NOTICE) (COA)24-11508
04/01/2024MotionFiled Respondent's (PHH Mortgage Corporation) Opposition to Appellant's Emergency Motion for Stay of Proceedings and Request for Injunctive Relief (TRANSFERRED FROM THE SUPREME COURT PER 04/01/24 NOTICE) (COA)24-11509
04/01/2024MotionFiled Joinder to Defendant U.S. Bank National Association, as Trustee's Opposition to Appellant's Emergency Motion for Stay Proceedings and Request for Injunctive Relief Pending Appeal (TRANSFERRED FROM THE SUPREME COURT PER 04/01/24 NOTICE) (COA)24-11511
04/01/2024Order/ProceduralFiled Order Denying Stay or Injunction. In this appeal from a district court summary judgment in a quiet title action, appellant Tyrone Keith Armstrong has filed an emergency motion for stay and injunction pending appeal, seeking to prevent a foreclosure sale scheduled for April 2, 2024. Respondents U.S. Bank National Association and PHH Mortgage Corporation have filed oppositions to the motion, and PHH Mortgage has filed a joinder to U.S. Bank's opposition. In determining whether to grant a stay or injunction pending appeal, this court considers the following factors: (1) whether the object of the appeal will be defeated if the stay or injunction is not granted, (2) whether appellant will suffer irreparable or serious injury if the stay or injunction is denied, (3) whether respondents will suffer irreparable or serious injury if the stay or injunction is granted, and (4) whether appellant is likely to prevail on the merits of the appeal. NRAP 8(c). Having considered the parties' arguments in light of these factors, we are not persuaded that a stay is warranted. Accordingly, the motion for stay is denied. (COA)24-11551
04/08/2024Notice/IncomingFiled Proper Person Notice of Withdrawal of Appeal(SC)24-12322
04/22/2024Order/DispositionalFiled Order Dismissing Appeal. Appellant's notice is construed as a motion to voluntarily dismiss this appeal under NRCP 42(b). The motion is granted, and "this appeal is dismissed." The parties shall bear their own fees and costs. Case Closed/No Remittitur Issued. (COA)24-13986