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Court

Nevada Appeal Court

Nevada

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Case Information

Filed 2023-10-16
Status Case Closed
Type Civil Appeal Family Law Fast Track Child Custody
Docket 42 entries
Disposition reversal

Docket Entries

  1. Case Closed. (COA)
  2. Filed Order. Appellant has filed in this court an emergency motion for stay pending appeal. That motion, along with appellant's related ex parte motion to exceed the page limit, shall be transferred to the court of appeals for resolution. We clarify that, at this time, only appellant's July 28, 2022, motion for stay and appendices, and July 27, 2022, motion to exceed the page limit, are transferred to the court of appeals, and the transfer is for the limited purpose of resolving the stay motion. This case will otherwise proceed in the supreme court until further order of this court, and all future documents not related to the stay motion shall be filed in this court. In light of this order, the clerk shall transfer the July 28 and 27 motions and related appendices to the court of appeals; all other documents shall remain filed in this court. The clerk shall file this order in both this court and the court of appeals. (COA).
  3. Filed Appellant's Ex Parte Motion Pursuant to NRAP 27(d)(2) for Leave to File an Emergency Motion in Excess of Ten (10) Pages. (TRANSFERRED FROM THE SUPREME COURT PER 07/29/22 ORDER) (COA)
  4. Filed Appellant's Emergency Motion for Stay Regarding Child Custody. (TRANSFERRED FROM THE SUPREME COURT PER 07/29/22 ORDER) (COA)
  5. Filed Appellant's Declaration and Certificate of Counsel in Support of Emergency Motion. (TRANSFERRED FROM THE SUPREME COURT PER 07/29/22 ORDER) (COA)
  6. Filed Appendix For Emergency Motion for Stay - Volume One. (TRANSFERRED FROM THE SUPREME COURT PER 07/29/22 ORDER) (COA).
  7. Filed Appendix For Emergency Motion for Stay - Volume Two. (TRANSFERRED FROM THE SUPREME COURT PER 07/29/22 ORDER) (COA).
  8. Filed Appendix For Emergency Motion for Stay - Volume Three. (TRANSFERRED FROM THE SUPREME COURT PER 07/29/22 ORDER) (COA).
  9. Filed Appendix For Emergency Motion for Stay - Volume Four. (TRANSFERRED FROM THE SUPREME COURT PER 07/29/22 ORDER) (COA).
  10. Filed Respondent's Motion for Excess Pages to File Opposition to Emergency Motion. (OPPOSITION DETACHED PER 8/5/22 ORDER). (COA)
  11. Filed Appellant's Case Appeal Statement. (REJECTED PER NOTICE FILED ON 8/4/22) (COA)
  12. Issued Notice of Rejection of Filed Document. (COA)
  13. Filed Appellant's Motion for Permission to File Response to Respondent's Opposition to Motion for Stay Pending Appeal. (COA)
  14. Filed Order Denying Stay. Having considered the motion, opposition, and supporting documents in light of these factors, we conclude that the factors do not militate in favor of a stay. Accordingly, we deny the stay motion. fn1 [Appellant's motion for leave to file an overlength stay motion is granted, NRAP 27(d)(2); the stay motion was filed in the supreme court on July 28, 2022, and transferred to this court the next day.] fn2 [Respondent's August 3, 2022, motion for leave to file an opposition in excess of the NRAP 27(d)(2) page limit is granted; the clerk of the court shall detach from the motion and file the proposed opposition.] fn3 [Appellant also has filed an ex parte motion for leave to file a reply to respondent's response. The motion contains no certificate of service. This court's rules do not allow for ex parte motions, and appellant has provided no explanation for her failure to serve respondent. NRAP 25(b). Further, replies are permitted under NRAP 27(a)(4), without further leave of court. Accordingly, we deny the motion for leave.] (COA)
  15. Filed Respondent's Opposition to Emergency Motion. (COA)
  16. Case Closed. (COA)
  17. Transferred from Supreme Court. (COA).
  18. Filed Appellant's Motion for Stay Motion For Stay Pending Appeal. (TRANSFERRED FROM THE SUPREME COURT PER 11/29/22 NOTICE). (COA)
  19. Filed Respondent's Opposition to Motion to Stay Pending Appeal. (TRANSFERRED FROM THE SUPREME COURT PER 11/29/22 NOTICE). (COA)
  20. Filed Appellant's Reply Points and Authorities in Support of Motion for Stay Pending Appeal. (TRANSFERRED FROM THE SUPREME COURT PER 11/29/22 NOTICE). (COA)
  21. Filed Respondent's Motion for an Extension of Time to File the Fast Track Response. (TRANSFERRED FROM THE SUPREME COURT PER 11/29/22 NOTICE). (COA)
  22. Filed Respondent's Motion for an Extension of Time to File Responding Brief. (COA)
  23. Filed Respondent's Appendix to Fast Track Response. (COA)
  24. Filed Respondent's Motion for an Extension of Time to File Responding Brief and for Additional Length. (COA)
  25. Issued Notice of Deficient Proof of Service. Due date: 5 days. (COA)
  26. Filed Respondent's Supplemental Appendix. (COA).
  27. Filed Child Custody Fast Track Response. (COA).
  28. Filed Order. Respondent has filed motions for second, third, and fourth extensions of time to file the fast track response and for leave to file a fast track response in excess of the type-volume limitation. The extension motions are granted. Respondent's request for leave to file a fast track response in excess of the type-volume is untimely. In this instance only, the motion is granted. The fast track response was filed on December 12, 2022, and the appendix and supplemental appendix were filed on December 9 and 12, 2022. Appellant's fast track reply due: December 27, 2022. (COA)
  29. Filed Receipt of Copy (Respondent's Appendix and Respondent's Supplemental Appendix). (COA).
  30. Filed Order Denying Motion for Stay. Appellant does not adequately explain why she has filed a second motion and does not assert that circumstances have changed since she filed the first motion. Accordingly, we deny the stay motion. Respondent's request for sanctions against appellant's counsel is denied at this time. (COA)
  31. Filed Order Granting Extension Per Telephonic Request. Appellant's reply to fast track response due: January 3, 2023. (SC)
  32. Filed Reply to Fast Track Response. (COA).
  33. Fast Track Briefing Completed. (COA)
  34. Issued Notice Scheduling Oral Argument. Argument is scheduled for Tuesday, April 25, 2023, at 11 am for 30 minutes in Las Vegas.
  35. Oral Argument Reminder Notice
  36. Oral argument held this day. Case submitted for decision. Before the Court of Appeals (COA).
  37. Filed Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND." COA-MG/BB/DW (COA)
  38. Filed Respondent's Petition for Rehearing. Appendix attached(COA)
  39. Filing fee paid. E-Payment $150.00 from F. Peter James.(COA)
  40. Filed Appellant's Motion Emergency Motion Pursuant to NRAP 27(e) for Immediate Return of Minor Child. (COA)
  41. Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). fn1 [Appellant filed an emergency motion pursuant to NRAP 27(e) for immediate return of minor child (A.R.) on September 19, 2023. This court in its order of reversal and remand did not order the immediate return of A.R. to appellant. This motion is denied because the issue needs to be addressed by the district court in the first instance now that the petition for rehearing has been resolved.]. COA-MG/BB/DW. (COA)
  42. Transferred to Supreme Court. (COA)

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