11-900

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Case Number 11-900 filed at this court on 09/12/2011
Case Category: Law

Case Caption:
CHASE BANK USA, N.A.
V
DYKE, HENRY, GOLDSHOLL &
WINZERLING
STEPHENS FAMILY LIMITED
PARTNERSHIP
RACHEL STEPHENS
KATHRYN STEPHENS
JENNIFER STEPHENS
ALEX STEPHENS
JOSHUA STEPHENS
GREG STEPHEN
REGIONS BANK

Chase Bank USA, N.A. (ACTIVE) Appellant's counsel:
Marian McMullan - LEAD
Amy Marie Clemmons - LEAD

Regions Bank (ACTIVE) Appellee's counsel:
Donald Howard Henry - LEAD
Anton Leo Janik, Jr. - LEAD

Kathryn Stephens (ACTIVE) Appellee's counsel:
Kenneth Gregory Stephens - LEAD

Rachel Stephens (ACTIVE) Appellee's counsel:
Janis Chalmers - LEAD

Jennifer Stephens (ACTIVE) Appellee's counsel:

Alex Stephens (ACTIVE) Appellee's counsel:

Stephens Family Limited Partnership (ACTIVE) Appellee's counsel:
Byron Scott Southern - LEAD
Kathryn Nicole Bridges - LEAD

Dyke, Henry, Goldsholl & Winzerling (ACTIVE) Appellee's counsel:
Scot Phillip Goldsholl - LEAD

Joshua Stephens (ACTIVE) Appellee's counsel:

Greg Stephen (ACTIVE) Appellee's counsel:

Trial Court: Pulaski
Pulaski Circuit, Thirteenth Division
Trial Court Number: CV-2008-7020
Trial Judge: Raymond C. Kilgore Jr

------- EVENT LISTING --------
04/16/2013 Mandate to Clerk

03/28/2013 Brief Costs on Appeal = aplt $1,000.00 - Chas
Appellant's Attorney - Marian McMullan

03/28/2013 Majority Opinion Rendered
ACTION = Reversed and Remanded
Opinion Date - 03/28/13 Consist of 0 pages,
Cite Number - Publish - yes
Karen Renee' Baker -- WRITING
Reversed and remanded; motion to strike appellees' statement of case and supplemental abstract moot.
Paul Edward Danielson -- WRITING
Concurs
Corbin and Goodson, JJ., join.
Reversed and remanded; motion to strike appellees'
statement of case and supplemental abstract moot. Corbin,
Danielson, and Goodson, JJ., concur.

03/28/2013 Opinion Panel
Karen Renee' Baker -- WRITING
Paul Edward Danielson -- WRITING

02/28/2013 Case Submitted

02/28/2013 Supreme Court fully briefed ready for submiss

01/10/2013 Letter Orders - Supreme Court
Submitted to the court on - 12/20/12
Appellee's Attorney - Kenneth Gregory Stephens

01/10/2013 Substituted Brief Filed Timely
Appellee's Attorney - Kenneth Gregory Stephens

12/05/2012 Brief tendered
Appellee's Attorney - Kenneth Gregory Stephens
Pending motion.

12/05/2012 Motion for Extension of Page Limit - Stephens
Submitted to the court on - 12/20/12
Action = GRANTED on 01/10/13
Appellee's Attorney - Kenneth Gregory Stephens
Appellees' motion for extension of page limit is granted.
Brief filed this date.

11/28/2012 Brief Extension for Re-Briefing - Rachel Step
This event was tickled for 12/05/12
Action = GRANTED on 11/29/12
Appellee's Attorney - Kenneth Gregory Stephens

11/19/2012 Appellees' Substituted Brief due 11/29/12
Appellant may file a substituted brief 14 days after

11/19/2012 Per Curiam Order (rebriefing ordered)
Action = OTHER on 11/19/12
Appellant's substituted brief due November 26, 2012.
Appellee may file a responsive brief within fourteen days,
or may rely on the brief previously filed

08/14/2012 Letter Orders - Supreme Court
Submitted to the court on - 07/12/12
Appellee's Attorney - Anton Leo Janik, Jr.

07/06/2012 Tendered Reply to Response Rule 6-2 Motion - Ka r
Appellee's Attorney - Kenneth Gregory Stephens
Appellee Wanda Stephens tendered reply to response to
fellow appellees' Rule 6-2 motion regarding Chase's appeal
having been prosecuted merely for purposes of delay.

07/02/2012 Response to Motion to Advance and Affirm - Ch
Appellant's Attorney - Marian McMullan

06/22/2012 Motion to Advance and Affirm - Regions Bank
Submitted to the court on - 07/12/12
Action = DENIED on 08/14/12
Appellee's Attorney - Anton Leo Janik, Jr.
Appellees' Rule 6-2 motion regarding Chase's appeal having
been prosecuted merely for purposes of delay and requesting
the court to advance and affirm is denied.

05/10/2012 SUBMIT WITH 12-41.

05/03/2012 MOTION PASSED UNTIL CASE IS SUBMITTED

05/03/2012 Letter Orders - Supreme Court
Submitted to the court on - 04/26/12
Appellant's Attorney - Marian McMullan

04/19/2012 Case assumed by Supreme Court
First impression and statutory interpretation.

04/17/2012 Response to Motion to Strike - Kathryn Stephe
Appellee's Attorney - Kenneth Gregory Stephens

04/10/2012 Motion to Strike Appellees' Statement of Case
Submitted to the court on - 04/26/12
Action = PASSED on 05/03/12
Appellant's Attorney - Marian McMullan
Appellant's motion to strike appellees' statement of the
case and supplemental abstract is passed until case is
submitted.

04/10/2012 Reply Brief Filed Chase Bank USA, N.A.
Appellant's Attorney - Marian McMullan

03/28/2012 7 Day Brief Extension - Chase Bank USA, N .
This event was tickled for 04/10/12
Action = GRANTED on 03/28/12
Appellant's Attorney - Marian McMullan

03/28/2012 Letter Orders - Court of Appeals
Submitted to the court on - 03/14/12
Appellee's Attorney - Kenneth Gregory Stephens
Appellees' motion to consolidate appeals CA11-900 and
CA12-41, to consolidate brief due dates is denied.
Appellees' motion for expansion of page limit is granted.
Page limit expanded to 42 total pages.
Appellees' brief filed March 19, 2012.

03/19/2012 Brief Filed Timely - Regions Bank
Appellee's Attorney - Anton Leo Janik, Jr.

03/12/2012 7 Days to Correct Brief - Regions Bank
This event was tickled for 03/19/12
Action = GRANTED on 03/12/12
Appellee's Attorney - Anton Leo Janik, Jr.

03/12/2012 Brief tendered but was rejected
Appellee's Attorney - Anton Leo Janik, Jr.
Numbered incorrectly.

03/05/2012 Response to Motion - Chase Bank USA, N.A.
Appellant's Attorney - Amy Marie Clemmons

02/24/2012 Motion to Consolidate/Stay - Kathryn Stephen
Submitted to the court on - 03/14/12
Action = DENIED on 03/28/12
Appellee's Attorney - Kenneth Gregory Stephens
Appellees/cross-appellants' motion to consolidate appeal
and cross-appeal CA11-900 and CA12-41, to consolidate brief
due dates, and to extend due date for cross-appellants'
brief is denied.

02/24/2012 Motion for Expansion of Page Limit - Kathryn
Submitted to the court on - 03/14/12
Action = GRANTED on 03/28/12
Appellee's Attorney - Kenneth Gregory Stephens
Appellees' motion for expansion of page limit is granted.
Page limit expanded to 42 total pages. Brief filed March
19, 2012.

02/10/2012 Writ Returned; Supplement to Record Filed
Documents placed in front of record. Volume 5.

01/18/2012 Record CA10-133 with CA11-900

01/11/2012 Letter Orders - Court of Appeals
Appellees' motion for correction of record pursuant to Rule
6(e) is granted. Writ issued; returnable January 26, 2012.
Appellees' brief due within thirty days thereafter.

01/11/2012 Writ of Certiorari (Diminution)
Submitted to the court on - 01/04/12
Appellee's Attorney - Anton Leo Janik, Jr.
Writ issued; returnable January 26, 2012. Appellees' brief
due within thirty days thereafter.

12/15/2011 Response to Motion for Correction of Record- Ch e
Appellant's Attorney - Marian McMullan

12/14/2011 7 Day Brief Extension - Greg Stephen
This event was tickled for 01/13/12
The event was complied with on 01/13/12
Action = GRANTED on 12/14/11

12/14/2011 7 Day Brief Extension - Joshua Stephens
This event was tickled for 01/13/12
The event was complied with on 01/13/12
Action = GRANTED on 12/14/11

12/14/2011 7 Day Brief Extension - Dyke, Henry, Goldsholl & Winzerling
This event was tickled for 01/13/12
The event was complied with on 01/13/12
Action = GRANTED on 12/14/11

12/14/2011 7 Day Brief Extension - Stephens Family Limited Partnership
This event was tickled for 01/13/12
The event was complied with on 01/13/12
Action = GRANTED on 12/14/11

12/14/2011 7 Day Brief Extension - Alex Stephens
This event was tickled for 01/13/12
The event was complied with on 01/13/12
Action = GRANTED on 12/14/11

12/14/2011 7 Day Brief Extension - Jennifer Stephens
This event was tickled for 01/13/12
The event was complied with on 01/13/12
Action = GRANTED on 12/14/11

12/14/2011 7 Day Brief Extension - Rachel Stephens
This event was tickled for 01/13/12
The event was complied with on 01/13/12
Action = GRANTED on 12/14/11

12/14/2011 7 Day Brief Extension - Regions Bank
This event was tickled for 01/13/12
The event was complied with on 01/13/12
Action = GRANTED on 12/14/11

12/14/2011 7 Day Brief Extension - Kathryn Stephens
This event was tickled for 01/13/12
Action = GRANTED on 12/14/11

12/12/2011 Motion for Correction of Record
Submitted to the court on - 01/04/12
Action = GRANTED on 01/11/12
Appellee's Attorney - Janis Chalmers
Appellees' motion for correction of record pursuant to Rule
6(e) is granted. Writ issued; returnable January 26, 2012.
Appellees' brief due within thirty days thereafter.

12/07/2011 Briefing Commenced - Greg Stephen
This event was tickled for 01/06/12

12/07/2011 Briefing Commenced - Joshua Stephens
This event was tickled for 01/06/12

12/07/2011 Briefing Commenced - Dyke, Henry, Goldsholl & Winzerling
This event was tickled for 01/06/12

12/07/2011 Briefing Commenced - Stephens Family Limited Partnership
This event was tickled for 01/06/12

12/07/2011 Briefing Commenced - Alex Stephens
This event was tickled for 01/06/12

12/07/2011 Briefing Commenced - Jennifer Stephens
This event was tickled for 01/06/12

12/07/2011 Briefing Commenced - Rachel Stephens
This event was tickled for 01/06/12

12/07/2011 Briefing Commenced - Kathryn Stephens
This event was tickled for 01/06/12

12/07/2011 Brief Filed Timely - Chase Bank USA, N.A.
Appellant's Attorney - Marian McMullan

11/30/2011 7 Days to Correct Brief - Chase Bank USA, N.A
This event was tickled for 12/07/11
Action = GRANTED on 12/07/11
Appellant's Attorney - Marian McMullan

11/30/2011 Letter Orders - Court of Appeals
Submitted to the court on - 11/16/11
Appellant's Attorney - Marian McMullan
Appellant's motion for expansion of page limit. Granted
twelve (12) additional pages of argument. Tendered brief
returned for correction. Corrected brief due December 7,
2011.

10/31/2011 Motion for Expansion of Page Limit - Chase Ba
Submitted to the court on - 11/16/11
Action = GRANTED on 11/30/11
Appellant's Attorney - Marian McMullan
Appellant's motion for expansion of page limit. Granted
twelve (12) additional pages of argument. Tendered brief
returned for correction. Corrected brief due December 7,
2011.

10/31/2011 Brief Tendered - Chase Bank USA, N.A. - Appella
Appellant's Attorney - Marian McMullan
Pending Motion for enlargement of page limit

10/31/2011 Appellant's Briefs in Basement - Chase Bank
Appellant's Attorney - Marian McMullan
8 Boxes

10/17/2011 7 Day Brief Extension - Chase Bank USA, N.A.
This event was tickled for 10/31/11
Action = GRANTED on 10/17/11
Appellant's Attorney - Marian McMullan

09/12/2011 Record Lodged
Number of Volumes 5
Number of Sets 0
Transcript Cost 4,275.70

09/12/2011 Briefing Commenced - Chase Bank USA, N.A.
This event was tickled for 10/24/11
Appellant's Attorney - Marian McMullan

Date Filed: 
Monday, September 12, 2011
Caption: 
CHASE BANK USA, N.A.
V
DYKE, HENRY, GOLDSHOLL &
WINZERLING
STEPHENS FAMILY LIMITED
PARTNERSHIP
RACHEL STEPHENS
KATHRYN STEPHENS
JENNIFER STEPHENS
ALEX STEPHENS
JOSHUA STEPHENS
GREG STEPHEN
REGIONS BANK