Narrative Opinion Summary
The case involves a civil appeal by A CAB, LLC and A CAB Series LLC, appellants, against Michael Murray and Michael Reno, respondents, filed before the Nevada Supreme Court. The appeal underwent various procedural steps, including a failed settlement conference under the NRAP 16 Settlement Program. An emergency motion for a stay by appellants was denied, and a suggestion of bankruptcy by respondents led to an automatic stay and eventual dismissal of A Cab's appeal without prejudice. The court dismissed appellant Creighton J. Nady's appeal due to a lack of jurisdiction. The briefing process saw multiple extensions, with the appellants exceeding word limits for their opening brief. Chief Justice Kristina Pickering recused herself from the proceedings. Oral arguments were held, and the court eventually issued an opinion on December 30, 2021, affirming in part, reversing in part, and remanding the case. Justices Stiglich, Hardesty, Parraguirre, Cadish, Silver, and Herndon participated in the decision, signaling a partial agreement and disagreement with the lower court's rulings.
Legal Issues Addressed
Appellate Decision - Affirmation, Reversal, and Remandsubscribe to see similar legal issues
Application: The court issued an opinion affirming in part, reversing in part, and remanding the case, reflecting a partial agreement and disagreement with the lower court's decision.
Reasoning: On December 30, 2021, the court issued an opinion affirming in part, reversing in part, and remanding the case, with the decision authored by Justice Stiglich and the majority including Justices Hardesty, Parraguirre, Cadish, Silver, and Herndon.
Appellate Jurisdiction and Dismissalsubscribe to see similar legal issues
Application: The court dismissed appellant Creighton J. Nady's appeal due to a lack of jurisdiction following procedural orders requiring a response to a show cause order.
Reasoning: Further procedural orders required responses from appellant Creighton J. Nady regarding a show cause order and included motions from both parties addressing the dismissal of Nady's appeal. Ultimately, the court dismissed Nady's appeal due to lack of jurisdiction and issued a remittitur, closing the case.
Bankruptcy Stay and Appeal Dismissalsubscribe to see similar legal issues
Application: The filing of a suggestion of bankruptcy by the respondents resulted in an automatic stay of proceedings for A Cab under federal bankruptcy law, leading to a dismissal without prejudice of A Cab's appeal.
Reasoning: Subsequently, a suggestion of bankruptcy was filed by the respondents, resulting in an automatic stay of proceedings for A Cab under federal bankruptcy law. The court decided to dismiss A Cab's appeal without prejudice, allowing for potential reinstatement within 60 days after the bankruptcy stay is lifted or resolved.
Briefing Schedule and Extensionssubscribe to see similar legal issues
Application: The court granted multiple extensions for the appellants and respondents to file their briefs due to procedural motions, demonstrating flexibility in procedural timelines.
Reasoning: Initial deadlines were set for June 4, 2020, but were extended multiple times due to motions filed by appellants for additional time. Ultimately, the new deadline for the opening brief and appendix was established as August 5, 2020.
Judicial Recusalsubscribe to see similar legal issues
Application: Chief Justice Kristina Pickering recused herself from the case, resulting in her non-participation in the decision-making process.
Reasoning: Additionally, Chief Justice Kristina Pickering was disqualified from the case proceedings. Justice Kristina Pickering recused herself from the decision.
Settlement Conferences and Settlement Program Reportssubscribe to see similar legal issues
Application: The court utilized the NRAP 16 Settlement Program to facilitate a potential settlement between the parties, but the parties failed to reach an agreement.
Reasoning: The settlement conference has been rescheduled for March 4, 2019, but the parties failed to reach an agreement.