2 CA-CV 2013-0100 POTTERS CLAY REALTY, ET AL. v. KUMMER

Department: A
County: Cochise
Cause Numbers: CV201100213

Charles A. Irwin

Submitted: 02/20/2014 At Issue Date: 02/19/2014 At Issue Number: 2013-02758

Party/Attorney Information
Party Information Attorney Information
ELDERCARE FOR LIFE, INC., an Arizona non-profit corporation
POTTERS CLAY REALTY, L.L.C., an Arizona limited liability company
Plaintiffs/Appellees/Cross-Appellants

Robert D. Stachel, Jr.
STACHEL & ASSOCIATES, P.C.
Retained

Kaycee Scarr
Stachel & Associates, P.C.
Retained

GERALD A. KUMMER AND KUNIE M. KUMMER, as Co-Trustees of the GERALD A. KUMMER AND KUNIE M. KUMMER REVOCABLE LIVING TRUST DATED 9 MARCH, 2004
Defendants/Appellants/Cross-Appellees

Robert M. Savage
GUST ROSENFELD, P.L.C.
Retained

Mark L. Collins
GUST ROSENFELD, P.L.C.
Retained

Filings, Dues and Continuances
Document Type Due Date Document Title Filing Date Attorney/Firm Type
Record    NOTIFICATION OF ELECTRONIC RECORD  07/15/2013    Filing
Record    EXHIBITS - 1 Env. and 2 Posterboards and trans. letter  07/17/2013    Filing
Motion for Extension to File Opening Brief    Request for Extension of Time to File Opening Brief  09/03/2013  Savage, Robert M.   Filing
Opening Brief    Appellants Opening Brief  09/16/2013  Savage, Robert M.   Filing
Motion for Extension to File Response    Motion for Extension of Time to File Response Brief and Opening Brief on Cross Appeal  10/23/2013  Stachel, Jr., Robert D.   Filing
Answer/Cross-Opening Brief    Appellee Cross Appellants Answering Brief and Opening Brief on Cross Appeal  11/15/2013  Stachel, Jr., Robert D.   Filing
Appendix    Appendix to Motion to Include Transcripts, Volume 2  11/18/2013  Stachel, Jr., Robert D.   Filing
Appendix    Appendix to Motion to Inclulde Transcripts, Volume 1  11/18/2013  Stachel, Jr., Robert D.   Filing
Motion    Motion to Include Certified Transcripts  11/18/2013  Stachel, Jr., Robert D.   Filing
Motion for Extension to File Opening Brief    Appellee Cross Appellants Motion for Extension of Time to File Response and Opening Brief  11/12/2013  Stachel, Jr., Robert D.   Filing
Request for Oral Argument    Appellee Cross Appellant Request for Oral Argument  11/22/2013  Stachel, Jr., Robert D.   Filing
Motion for Extension to File Reply    Request for Extension of Time to File Reply/Answering Brief  12/31/2013  Savage, Robert M.   Filing
Reply/Cross-Answering Brief    Appellants Reply/Answering Brief  01/21/2014  Savage, Robert M.   Filing
Reply Brief on Cross-Appeal    reply Brief on Cross Appeal  02/12/2014  Stachel, Jr., Robert D.   Filing
Motion for Extension to File Reply Brief    Appellee Cross Appellants Motion for Extension of Time to File Reply Brief on Cross Appeal  02/11/2014  Stachel, Jr., Robert D.   Filing
Affidavit    Affidavit of Attorney Costs  05/14/2014  Stachel, Jr., Robert D.   Filing
Statement of Costs    Statement of Costs  05/14/2014  Stachel, Jr., Robert D.   Filing
Opening Brief  09/16/2013  Opening Brief      Due
Answer/Cross-Opening Brief  11/15/2013  Answer/Cross-Opening Brief      Due
Reply/Cross-Answering Brief  01/21/2014  Reply/Cross-Answering Brief      Due
Cross-Reply Brief  02/12/2014  Cross-Reply Brief      Due
Statement of Costs  05/20/2014  Statement of Costs    Stachel, Jr., Robert D.   Due
Motion for Reconsideration on Costs  06/18/2014  Motion for Reconsideration on Costs    Savage, Robert M.   Due
Calendar and Decision Information
OA Request Due OA Request By OA Request Result OA Filed OA Date OA Time OA Type Decision Type Decision Date Result Type
  Stachel, Jr., Robert D.    11/22/2013  04/16/2014  2:00 pm In Court  Memorandum Decision  05/06/2014  VACATED IN PART; AFFIRMED IN PART; REMANDED TO CONFORM JUDGMENT  
Mandate
Mandate Date Mandate Vacated Date
06/16/2014   
MR/PR Outcome
MR Outcome MR Outcome Date PR Outcome PR Outcome Date
       
Ticklers
Tickler Date Due Date Description
No ticklers available for this case.
Proceedings
Type Date Proceeding
Receipts  07/25/2013  Appellants/Cross-Appellees / GERALD A. KUMMER AND KUNIE M. KUMMER, as Co-Trustees of the GERALD A. KUMMER AND KUNIE M. KUMMER REV $280.00; Receipt Number: 7197; Check Rec'd from: Robert Savage; Mark Collins (GUST ROSENFELD) for GERALD A. KUMMER AND KUNIE M. KUMMER, as Co-Trustees of the GERALD A. KUMMER AND KUNIE M. KUMMER REV 
Receipts  07/29/2013  Appellee/Cross-Appellant/ DR. MONICA R. VANDIVORT; $280.00; Receipt Number: 7199; Check Rec'd from: STACHEL & ASSOCIATES, PC (ROBERT D. STACHEL, JR.) for DR. MONICA R. VANDIVORT 
Record  07/15/2013  Filed: NOTIFICATION OF ELECTRONIC RECORD. (Filed by Cochise County Superior Court) 
Record  07/17/2013  Filed: EXHIBITS - 1 Env. and 2 Posterboards and trans. letter. (Filed by Cochise County Superior Court) 
Record  11/21/2013  ORDERED: Transcripts attached to Appendix Volume 1 and Appendix Volume 2 are considered part of the record on appeal.  
Briefs  09/16/2013  Filed: Appellants Opening Brief. (Filed by Robert M. Savage) (e-filer) 
Briefs  11/15/2013  Filed: Appellee Cross Appellants Answering Brief and Opening Brief on Cross Appeal. (Filed by Robert D. Stachel, Jr.) (e-filer) 
Briefs  01/21/2014  Filed: Appellants Reply/Answering Brief. (Filed by Robert M. Savage) (e-filer) 
Briefs  02/12/2014  Filed: reply Brief on Cross Appeal. (Filed by Robert D. Stachel, Jr.) (e-filer) 
All Other  07/24/2013  The Record on Appeal in the above-entitled cause was received in the Court of Appeals, Division Two, on July 15, 2013, from the Clerk of the Superior Court of Cochise County, ORDERED: Appellant(s)’ filing fee in the Court of Appeals, Division Two, is $280.00, payable within ten days of this Order, pursuant to A.R.S. 12-321 and 322. Fees must be paid in cash or check made payable to the Court of Appeals, and sent to 400 W. Congress, Room 200, Tucson, Arizona 85701. FURTHER ORDERED: IF APPELLANT(S) FILING FEE IS NOT PAID WITHIN TEN DAYS OF THIS ORDER, THE CASE SHALL BE DISMISSED. FURTHER ORDERED: Appellant(s)' Opening Brief, pursuant to Rule 15(a), Rules of Civil Appellate Procedure, 17B A.R.S., shall be filed within forty days of this Order. FURTHER ORDERED: Appellee(s)' fee in the Court of Appeals, Division Two, is $140.00, ($280.00 if Appellee has filed a cross-appeal), pursuant to A.R.S. 12-321. Fees must be paid in cash or check made payable to the Court of Appeals. NO FILINGS BY APPELLEE WILL BE ACCEPTED UNTIL THE APPELLEE(S)' FEE IS PAID. FURTHER ORDERED: BRIEFS NOT IN COMPLIANCE WITH ARIZ. R. CIV. APP. P. 14, 17B A.R.S., WILL BE STRICKEN. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west-westbriefsnotification@thomson.com  
All Other  09/03/2013  Filed: Request for Extension of Time to File Opening Brief. (Filed by Robert M. Savage) (e-filer) 
All Other  09/04/2013  Pursuant to Request for Extension of Time to File Opening Brief, and good cause having been shown, ORDERED: The time for filing Appellant’s Opening Brief is extended to and including September 16, 2013. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  10/23/2013  Filed: Motion for Extension of Time to File Response Brief and Opening Brief on Cross Appeal. (Filed by Robert D. Stachel, Jr.) (e-filer) 
All Other  10/24/2013  Pursuant to Motion for Extension of Time to File Response Brief and Opening Brief on Cross Appeal, and there being no opposition, ORDERED: The time for filing Appellee’s Answering Brief/Cross-Opening Brief is extended to and including November 12, 2013. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  11/12/2013  Filed: Appellee Cross Appellants Motion for Extension of Time to File Response and Opening Brief. (Filed by Robert D. Stachel, Jr.) (e-filer) 
All Other  11/18/2013  Filed: Appendix to Motion to Include Transcripts, Volume 2. (Filed by Robert D. Stachel, Jr.) (e-filer) 
All Other  11/18/2013  Filed: Appendix to Motion to Inclulde Transcripts, Volume 1. (Filed by Robert D. Stachel, Jr.) (e-filer) 
All Other  11/18/2013  Filed: Motion to Include Certified Transcripts. (Filed by Robert D. Stachel, Jr.) (e-filer) 
All Other  11/19/2013  Pursuant to Appellee Cross Appellants Motion for Extension of Time to File Response and Opening Brief, ORDERED: The time for filing Appellee/Cross Appellant's Answering and Opening Brief on Cross Appeal is extended to and including November 15, 2013, date said brief was filed. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  11/21/2013  Pursuant to Motion to Include Certified Transcripts, ORDERED: Motion to Include Certified Transcripts is GRANTED. FURTHER ORDERED: Transcripts attached to Appendix Volume 1 and Appendix Volume 2 are considered part of the record on appeal.  
All Other  11/22/2013  Filed: Appellee Cross Appellant Request for Oral Argument. (Filed by Robert D. Stachel, Jr.) (e-filer) 
All Other  12/31/2013  Filed: Request for Extension of Time to File Reply/Answering Brief. (Filed by Robert M. Savage) (e-filer) 
All Other  01/03/2014  Pursuant to Request for Extension of Time to File Reply/Answering Brief, and there being no objection, ORDERED: The time for filing Reply/Cross-Answering Brief is extended to and including January 21, 2014. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  02/11/2014  Filed: Appellee Cross Appellants Motion for Extension of Time to File Reply Brief on Cross Appeal. (Filed by Robert D. Stachel, Jr.) (e-filer) 
All Other  02/13/2014  Pursuant to Appellee Cross Appellants Motion for Extension of Time to File Reply Brief on Cross Appeal, and there being no objection, ORDERED: The time for filing Reply Brief on Cross Appeal is extended to and including February 12, 2014, date said brief was filed. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  02/20/2014  SUBMITTED 
All Other  02/26/2014  This appeal is at issue. ORDERED: Oral argument shall be conducted before Division Two of the Court of Appeals in its third-floor Courtroom in the State Office Complex, 400 West Congress Street, North Building, Tucson, Arizona, on April 16, 2014 at 02:00 p.m. Each side may have twenty-five minutes to be heard. ***** FURTHER ORDERED: Counsel may stipulate to a telephonic oral argument and shall file with the Court any such stipulation and notify the Clerk of the Court in writing within ten days from the date of this order. The Court will reset the matter for telephonic oral argument. ORAL ARGUMENTS ARE NOW DIGITALLY RECORDED AND WILL BE AVAILABLE ONLINE THE DAY AFTER ARGUMENT ON THE WEBSITE http://www.appeals2.az.gov DATE: February 26, 2014 ____________________________ Jeffrey P. Handler Clerk of the Court COUNSEL MUST RETURN A COPY OF THIS ORDER, SIGNED AND DATED, TO THE CLERK OF THE COURT TO ACKNOWLEDGE RECEIPT OF SAME. DATE: __________________ COUNSEL'S NAME PRINTED: _____________________________ COUNSEL'S SIGNATURE: _____________________________ E-MAIL ADDRESS: _____________________________ One judge may prepare a draft decision prior to oral argument. The draft is not binding and may be changed entirely after oral argument. If a draft is prepared, it will be sent to all counsel when it becomes available. It will be sent to the e-mail address provided by counsel above. Persons with a disability may request a reasonable accommodation by contacting Jeffrey P. Handler at (520)628-6954 (voice phone). Requests should be made as early as possible to allow time to arrange the accommodation.  
All Other  02/28/2014  Copy of hearing order from: Robert M. Savage 
All Other  02/28/2014  Copy of hearing order from: Robert Stachel 
All Other  04/16/2014  SIGN-IN SHEET 
All Other  05/06/2014  MEMORANDUM DECISION - VACATED IN PART; AFFIRMED IN PART; REMANDED TO CONFORM JUDGMENT - Miller with Howard and Eckerstrom. (12) 
All Other  05/14/2014  Filed: Affidavit of Attorney Costs. (Filed by Robert D. Stachel, Jr.) (e-filer) 
All Other  05/14/2014  Filed: Statement of Costs. (Filed by Robert D. Stachel, Jr.) (e-filer) 
All Other  06/04/2014  Pursuant to Statement of Costs and Affidavit of Attorney Costs, ORDERED: Appellee Potters Clay is granted costs on appeal in the amount of Two Hundred Eighty and 00/100 Dollars ($280.00) by the Arizona Court of Appeals, Division Two.  
All Other  06/16/2014  MANDATE ISSUED; RECEIPT REQUESTED. 
All Other  06/26/2014  FINAL RECEIPT.