Case Last Refreshed: 3 years ago
David L. Edelblute filed a(n) General Appeals - Appeals case represented by Pro Se, against Moya, Claudia, in the jurisdiction of Clark County, NV, . Clark County, NV Superior Courts with Wiese, Jerry A. presiding.
Case Number |
|
Filing DateDecember 06, 2019 |
CategoryAppeal From Lower Court |
Last RefreshedNovember 23, 2020 |
Practice AreaAppeals |
Filing LocationClark County, NV |
Matter TypeGeneral Appeals |
Case Outcome TypeAppeal Dismissed |
| Date | Type | Description | |
|---|---|---|---|
| July 13, 2020 | Docket Event |
Transfer from Lower Court Transfer from Las Vegas Justice Court |
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| May 26, 2020 | Docket Event | Notice of Entry of Order Affirming Justice Court Judgment, Denying Appeal from Justice Court, and Dismissing Appeal from Justice Court | |
| May 13, 2020 | Docket Event |
Status Check Vacated - Case Closed Judge: Wiese, Jerry A. |
|
| May 04, 2020 | Docket Event | Order Affirming Justice Court Judgment, Denying Appeal From Justice Court, And Dismissing Appeal From Justice Court | |
| April 15, 2020 | Docket Event |
Minute Order The above-referenced matter came on the Court s Chamber s Calendar on April 3, 2020 and the Court issued a Minute Order Decision with regard to Kimberly Green s Appeal from Justice Court Judgment. At the request of the Court, a Status Check regarding the filing of the Order, is SET for May 13, 2020. Should the Order be filed before the hearing date, the same will be vacated. 05/13/20 9:00 AM STATUS CHECK: FILING OF THE ORDER CLERK'S NOTE: A copy of the above minute order was distributed to Kimberly Green and Laura Green (starra21470@cox.net), Monica Osborn, representative for Tricon American Homes (mosborn@triconah.com) 04-15-20.//lk Judge: Wiese, Jerry A. |
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| April 03, 2020 | Docket Event |
Appeal From Lower Court The above-referenced matter came on the Court's Chamber's Calendar on April 3, 2020, with regard to Kimberly Green's Appeal from Justice Court Judgment. Plaintiff/Appellant Kimberly Green alleges that she leased property from Defendants/Respondents Claudia Moya and Tricon American Homes and paid a $3550 security deposit. Appellant argues that Defendants illegally evicted Appellant and failed to return Appellant's security deposit and an accounting of damages within 30 days from the move out date as required by statute. Appellant also alleged that due to the eviction, she was unable to retrieve her property, and she lost her hearing aids. As a result, Appellant sought damages for the alleged failure to timely provide the accounting of the damages. Defendants provided proof at the Justice Court level that they mailed the itemized accounting by mailing it on the last date allowed by statute. Appellant alleged that because she did not receive it by that date, it was late, therefore entitling her to damages. Defendants claimed that the security deposit was used to make necessary repairs to the home. The Justice Court entered Conclusions of Law, indicating that because Defendants provided proof that they mailed the document within the statutory timeframe, it was irrelevant when exactly Appellant received the document. Defendants satisfied the statutory requirement and, therefore, Appellant was not entitled to damages. In Justice Court case 19A003125, a Small Claims Judgment was entered on or about 11/20/2019 awarded nothing to Plaintiff/Appellant. This was based on the fact that Defendant provided proof of mailing the itemized accounting to Plaintiff within the statutory time frame, thus making the exact date of receipt irrelevant. Appellant filed a Notice of Appeal on or about 12/04/19. This Court entered an Order Setting Briefing Schedule on or about 01/07/20. Bond was posted by Appellant on 12/04/2019. The Appeal Packet from the lower court was filed on 12/06/19. No briefs were filed by any party to the Appeal. Consequently, the Court is limited to a review of the Record from Justice Court. Based upon the information contained in the Record on Appeal, this Court sees no basis to reverse or set aside the lower court's Judgment; as it appears to be based on substantial facts. There is no error of law or abuse of discretion, and consequently, the lower court's Judgment is hereby AFFIRMED. Based upon the lack of briefing in the District Court, the Court has the inherent authority to Dismiss the Appeal on that procedural ground, but the Court has considered the factual basis of the Appeal, and the Appeal is denied, based not only on procedural grounds, but based on the facts and the Record on Appeal. Based upon the foregoing, and good cause appearing, the Appeal from Justice Court is hereby DENIED, and the Appeal is DISMISSED. The Justice Court Judgment is hereby AFFIRMED in all respects Defendant or defense counsel is to prepare an Order consistent with the foregoing and have it submitted to the Court, electronically, for signature within 10 days. CLERK'S NOTE: A copy of the above minute order was distributed to all parties 04-03-20.//lk Judge: Wiese, Jerry A. |
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| January 07, 2020 | Docket Event | Order Setting Briefing Schedule and Justice Court Appeal | |
| December 06, 2019 | Docket Event |
Appeal from Lower Court Appeal From Las Vegas Justice Court |
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