In re Aboud Inter Vivos Trust , 2013 NV 97 ( 2013 )

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Case Information: 55303 Short Caption: IN RE: ABOUD INTER VIVOS TRUST Classification: Civil Appeal - General - Other Related Case(s): 57089 Lower Court Case(s): Humboldt Co. - Sixth Judicial District - PR3963 Case Status: Remittitur Issued/Case Closed Disqualifications: Panel Assigned: Panel Replacement: To SP/Judge: 01/25/2010 / Levitt, Lansford SP Status: Completed Oral Argument: 05/18/2012 at 11:30 AM Oral Argument Location: Carson City Submission Date: 05/18/2012 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant/Cross-Respondent Betty Jo Aboud Douglas R. Brown (Lemons, Grundy & Eisenberg) Robert L. Eisenberg (Lemons, Grundy & Eisenberg) Tiffinay B. Pagni (Lemons, Grundy & Eisenberg) Appellant/Cross-Respondent David Braheem Aboud Douglas R. Brown (Lemons, Grundy & Eisenberg) Robert L. Eisenberg (Lemons, Grundy & Eisenberg) Tiffinay B. Pagni (Lemons, Grundy & Eisenberg) Appellant/Cross-Respondent I.C.A.N. Foods, Inc. Douglas R. Brown (Lemons, Grundy & Eisenberg) Robert L. Eisenberg (Lemons, Grundy & Eisenberg) Tiffinay B. Pagni (Lemons, Grundy & Eisenberg) Respondent Michael Aboud In Proper Person Respondent/Cross-Appellant Michelle Rae Aboud Sheppard J. Douglas Clark 13-38575: 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 01/21/2010 Filing Fee Filing Fee due. Filing fee will be fowarded by the District Court. 01/21/2010 Notice of Appeal Documents Filed Certified Copy of Notice of Appeal. Protective Notice of Appeal for I.C.A.N. Foods, Inc., Respondent 10-01741 01/22/2010 Notice of Appeal Documents Filed District Court Docket Entries. Updated District Court Docket Entries. 10-01872 01/25/2010 Filing Fee Received Filing Fee Paid on Filing. $250.00 from Humboldt County Clerk check no. 10576. 01/25/2010 Settlement Notice Issued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt 10-01993 01/26/2010 Notice of Appeal Documents Filed District Court Docket Entries. 10-02169 02/01/2010 Notice of Appeal Documents Filed District Court Docket Entries. 10-02646 02/04/2010 Notice of Appeal Documents Filed District Court Docket Entries. 10-03198 02/05/2010 Notice of Appeal Documents Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) (Michelle Rae Aboud Sheppard) 10-03302 02/05/2010 Filing Fee Filing Fee due. (Cross-appeal) 02/05/2010 Notice/Outgoing Issued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days (Cross-appeal) 10-03304 02/10/2010 Docketing Statement Filed Docketing Statement. Appellant/Cross-Respondent. 10-03743 02/10/2010 Notice/Outgoing Issued Notice to Provide Proof of Service on Settlement Judge. Appellant/Cross-Respondent's Docketing Statement Civil Appeals. 10-03744 02/12/2010 Filing Fee Received Filing Fee Paid on Filing. $250.00 from J. Douglas Clark check no. 1384 (Cross-appeal). 02/19/2010 Notice/Incoming Filed Proof of Service. -Docketing Statement Served on Settlement Judge. 10-04606 02/24/2010 Docketing Statement Filed Docketing Statement. 10-04864 03/02/2010 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for April 21, 2010. 10-05500 03/03/2010 Motion Filed Motion to Dismiss Appeal. Motion to Dismiss Cross Appeal 10-05573 03/04/2010 Notice/Incoming Filed Errata. Errata to Motion to Dismiss Cross Appeal. 10-05793 03/11/2010 Motion Filed Response to Motion. Opposition to Motion to Dismiss Cross-Appeal. 10-06502 04/13/2010 Motion Filed Motion for Stay. Request for Stay of Execution Pending Appeal. 10-09555 04/13/2010 Order/Procedural Filed Order. Denying Motion. We deny the motion of Appellant and Respondents/Cross-Appellants to dismiss the cross-appeal filed by Michelle Sheppard. Fn1[Appellants aver that Ms. Sheppard is not an aggrieved party pursuant to NRAP3A(a)]. This denial is without prejudice to appellants' right to renew the motion upon completion of settlement proceedings. 10-09577 04/14/2010 Notice of Appeal Documents Filed Certified Copy of Notice of Appeal. Amended Joint Notice of Appeal 10-09738 04/30/2010 Motion Filed Response to Motion. Opposition to Request for Stay of Execution Pending Appeal. 10-11120 05/05/2010 Notice of Appeal Documents Filed District Court Docket Entries. 10-11553 06/02/2010 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 10-14188 06/10/2010 Order/Procedural Filed Order. Denying Stay. fn1[We direct the clerk of this court to modify the caption on this court's docket to conform to the caption on this order.] 10-15027 06/18/2010 Motion Filed Motion. Request for Correction of Caption. 10-16000 06/23/2010 Motion Filed Motion to Dismiss Appeal. Renewed Motion to Dismiss Cross-Appeal 10-16332 06/24/2010 Settlement Order/Procedural Filed Order: No Settlement/Briefing Stayed. The parties were unable to agree to a settlement of this appeal. The settlement proceedings are concluded and this appeal may proceed. Briefing and compliance with NRAP 9(a) shall remain suspended pending this court's review and resolution of respondents/cross-appellants' motion to dismiss Sheppard's appeal and Sheppard's motion to amend the caption. 10-16588 07/01/2010 Motion Filed Response to Motion. Opposition to Renewed Motion to Dismiss Cross-Appeal and Request for Sanctions. 10-17179 07/07/2010 Motion Filed Response to Motion. Michael Aboud's Joinder In Michelle Rae Aboud Sheppard's Opposition To Renewed Motion To Dismiss Cross-Appeal And Request For Sanctions. (STRICKEN PER ORDER 12/09/2010). 10-17582 07/12/2010 Motion Filed Reply to Response. Reply in Support of Motion to Dismiss Cross-Appeal and Opposition to Motion for Sanctions. (Respondents/Cross-Appellants) 10-17894 07/13/2010 Notice of Appeal Documents Filed District Court Docket Entries. 10-17951 07/27/2010 Motion Filed Motion to Withdraw as Counsel. Counsel for Michael Aboud: Michael Rosenauer. 10-19437 08/24/2010 Notice of Appeal Documents Filed Copy of District Court Docket Entries Updated District Court Docket Entries 10-21597 09/17/2010 Notice of Appeal Documents Filed Copy of District Court Docket Entries Updated District Court Docket Entries. 10-23955 10/01/2010 Notice of Appeal Documents Filed Copy of District Court Docket Entries. Updated. 10-25482 10/12/2010 Order/Procedural Filed Order to Show Cause. Counsel for Michael Aboud's Response due: 15 days. The other parties shall have ten days after Michael Aboud's response is served to file and serve any reply. fn1[We defer ruling on the motion to dismiss, the motion to correct the caption, and the motion to withdraw as counsel.] 10-26644 11/03/2010 Motion Filed Michael Aboud's Response to Order to Show Cause. 10-28844 11/18/2010 Motion Filed Reply to Michael Aboud's Response to Order to Show Cause. 10-30130 12/09/2010 Order/Procedural Filed Order Resolving Motions and Reinstating Briefing. We direct the clerk of this court to strike Michael Aboud's joinder filed on July 7, 2010. We deny the motion to dismiss the cross-appeal of Michelle Rae Aboud Sheppard. We direct the clerk of this court to modify the caption on this court's docket to conform to the caption on this order. We grant attorney Michael A. Rosenauer's motion to withdraw. Appellants/Cross-Respondents Opening Brief due: 90 days. 10-32088 03/02/2011 Notice/Incoming Filed Suggestion of Death on the Record Pursuant to NRAP 43. 11-06327 03/08/2011 Motion Filed Motion for Extension to File Opening Brief. (90 days). 11-07202 06/10/2011 Order/Procedural Filed Order Granting Motion for Extension of Time to File Opening Brief and Appendix and Directing Status Report or Motion to Substitute Personal Representative. Counsel shall have 20 days from the date of this order to file and serve a status report, indicating whether a personal representative has been appointed and whether the estate intends to pursue its appeal, or a motion to substitute the personal representative. Nos. 55303/57089 11-17415 06/13/2011 Brief Filed Opening Brief w/Addendums. 11-17441 06/13/2011 Appendix Filed Appendix to Opening Brief - Joint Appendix w/CD Rom, Vols. 1 thru 6. 11-17537 06/21/2011 Notice/Incoming Filed Affidavit of Mailing for Appellants' Opening Brief and Appendix Vols 1 thru 6. 11-18494 06/30/2011 Notice/Incoming Filed Status Report (in response to Court's order dated 6/10/11). 11-19463 06/30/2011 Notice/Incoming Filed Proper Person Notice - Change of Address for Respondent Michael Aboud. 11-19477 07/05/2011 Motion Filed Stipulation for Extension of Time to File Answering Brief. 11-19818 07/05/2011 Notice/Outgoing Issued Notice - Stipulation Approved. Answering Brief due: August 9, 2011. 11-19825 07/22/2011 Motion Filed Motion for Substitution of Party. 11-22174 08/09/2011 Brief Filed Respondent's Combined Answering Brief on Appeal and Opening Brief on Cross-Appeal. 11-24097 08/09/2011 Appendix Filed Respondent's Appendix Vol. 1. 11-24100 08/10/2011 Notice/Incoming Filed Proof of Service -Certificate of Service- Combined Answering Brief on Appeal and Opening Brief on Cross-Appeal. 11-24131 09/02/2011 Order/Procedural Filed Order Granting Motion to Substitute Personal Representative. We direct the clerk of this court to amend the caption on this court's docket to conform to the caption on this order. 11-26883 09/09/2011 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellants/cross-respondents' reply brief due: September 15, 2011. 11-27406 09/15/2011 Brief Filed Appellant's Reply Brief and Answering Brief on Cross-Appeal. 11-28231 10/03/2011 Motion Filed Respondent's Motion for Extension of Time to File Reply Brief on Cross-Appeal. 11-30059 10/03/2011 Notice/Outgoing Issued Notice - Motion Approved. Cross-Appellant's Reply Brief due: October 7, 2011. (8 days granted). 11-30065 10/07/2011 Brief Filed Respondents' Reply Brief on Cross-Appeal. 11-30782 10/07/2011 Case Status Update Briefing Completed/To Screening. 01/27/2012 Notice/Outgoing Issued Notice Scheduling Oral Argument. Oral argument is scheduled for March 15, 2012, at 10:30 a.m. in Carson City for 30 minutes before the NNP12C Panel. 12-02979 01/30/2012 Motion Filed Motion to Postpone Oral Argument. 12-03157 01/31/2012 Order/Procedural Filed Order Granting Motion. The oral argument presently scheduled for March 15, 2012, at 10:30 a.m. in Carson City is hereby vacated, and shall be rescheduled on the next available argument calendar. 12-03308 04/04/2012 Notice/Outgoing Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for Friday, May 18, 2012, at 11:30 a.m. in Carson City. Argument shall be limited to 30 minutes. 12-10712 04/09/2012 Notice/Incoming Filed Notice of Appearance (Robert Edward Hager appearing on behalf of respondent Michael Aboud). 12-11292 05/02/2012 Motion Filed Appellants' Emergency Motion Under NRAP 27(e) Requesting Temporary Stay of Order Authorizing the Sale of Real Property and Renewed Motion for Stay of Execution Pending Appeal. 12-13885 05/03/2012 Order/Procedural Filed Order Directing Response to Stay Motion. We direct respondents/cross-appellant to file and serve, by 4 p.m. on Wednesday, May 9, 2012, responses to the stay motion. Appellants/cross-respondents shall have until 4 p.m. on Friday, May 11, 2012, to file and serve any reply. For purposes of this order, service of documents shall be personal or by electronic transmission. 12-13961 05/04/2012 Notice/Outgoing Issued Oral Argument Reminder Notice. 12-14023 05/09/2012 Motion Filed Respondents/Cross-Appellant Michelle Rae Aboud's Opposition to Appellants' Emergency Motion Under NRAP 27(e) Requesting Temporary Stay of Order Authorizing the Sale of Real Property and Renewed Motion for Stay of Execution Pending Appeal. 12-14729 05/09/2012 Motion Filed Respondent Michael Aboud's Opposition to Appellants' Motion for Stay. 12-14788 05/11/2012 Motion Filed Appellant's Reply in Support of Emergency Motion under NRAP 27(e) Requesting Temporary Stayof Order Authorizing the Sale of the Real Property and Renewed Motion for Stay of Execution Pending Appeal. 12-15182 05/16/2012 Order/Procedural Filed Order Granting Stay. We stay paragraph 3 of the district court's April 25, 2012, order. Fn1[We conclude that no bond is required to secure this stay.] 12-15568 05/18/2012 Case Status Update Oral argument held this day. Case submitted for decision to the Northern Nevada Panel. NNP12-NS/KP/JH. 11/01/2012 Letter/Incoming Received Proper Person Letter Re: the death of his attorney. (FILED PER ORDER 11/13/12) 11/13/2012 Order/Procedural Filed Order Regarding Respondent Michael Aboud's Representation. Respondent Michael Aboud has submitted to this court a letter indicating that his attorney of record, Robert E. Hager, died on Septmber 18, 2012. Since it appears that Michael Aboud intends to proceed in proper person, we direct the clerk of this court to remove attorney Hager from this court's docket. Fn1[The clerk of this court is directed to file the letter, which was provisionally received in this court on November 1, 2012.] 12-35756 11/13/2012 Letter/Incoming Filed Proper Person Letter Re: the death of his attorney. 12-34576 06/25/2013 Notice/Incoming Filed Notice of Association of Counsel (Douglas R. Brown, Esq. appearing on behalf of the Estate of Betty Jo Aboud, Appellant/Cross-Respondent). 13-18671 09/12/2013 Notice of Appeal Documents Filed Copy of District Court Docket Entries. 13-27024 09/17/2013 Notice of Appeal Documents Filed Copy of District Court Docket Entries. 13-27424 12/19/2013 Opinion/Dispositional Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before Pickering, C.J., Hardesty and Saitta, JJ. Author: Hardesty, J. Majority: Hardesty/Pickering/Saitta. 129 Nev. Adv. Opn. No. 97. NNP12 13-38575 01/07/2014 Post-Judgment Petition Filed Respondent/Cross-Appellant's Petition for Rehearing. 14-00545 01/07/2014 Filing Fee Filing fee paid. E-Payment $150.00 from J. Douglas Clark. 02/26/2014 Post-Judgment Order Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). 14-06259 03/24/2014 Remittitur Issued Remittitur. 14-09223 03/24/2014 Case Status Update Remittitur Issued/Case Closed. 04/01/2014 Remittitur Filed Remittitur. Received by County Clerk on March 25, 2014. 14-09223