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Photo of Nevada Supreme Court

Court

Nevada Supreme Court

Nevada

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Case Information

Filed 2024-04-26
Status Fast Track Briefing in Progress
Type Civil Appeal Family Law Fast Track Child Custody
Docket 94 entries
Photo of Hon. Jimmerson, James

Judge

Hon. Jimmerson, James

Nevada Appellate Court

Nevada

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Docket Entries

  1. Filing Fee Paid. $250.00 from Law Office of Emily McFarling, LLC. Check no. 1322. (SC)
  2. Filed SEALED Notice of Appeal/Fast Track. Filed certified copy of notice of appeal. (Docketing Statement mailed to Counsel for Appellant) (SC)
  3. Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. (SC)
  4. Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: James J. Jimmerson. (SC)
  5. Filing Fee due for Cross-Appeal. (SC)
  6. Filed SEALED Notice of Cross-Appeal. (SC)
  7. Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 7 days. (SC)
  8. E-Payment $250.00 from Michael J. Warhola. (SC)
  9. Filed Appellant/Cross-Respondent's Docketing Statement. (SC)
  10. Filed Respondent/Cross-Appellant's Docketing Statement. (SC)
  11. Filed ECAR/Appropriate.
  12. Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for July 31, 2024, at 9:00 AM. Case Nos. 88218/88561. (SC)
  13. Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC).
  14. Filed Order: No Settlement/Briefing Reinstated Pursuant to NRAP3E. The parties were unable to agree to a settlement. Appellant(s): 14 days transcript request; 40 days fast track statement and appendix. Respondent(s): 21 days from fast track statement to file fast track response. (SC)
  15. Filed Respondent/Cross-Appellant's Certificate of No Transcript Request. (SC)
  16. Filed Appellant/Cross-Respondent's Request for Rough Draft Transcript(s). Transcripts requested: 2/21/2023, 5/10/2023, 8/31/2023, 9/13/2023. Court Reporter: Transcript Video Service. (SC)
  17. Filed Respondent/Cross-Appellant's Motion for Relief Pursuant to Huneycutt. (STRICKEN PER ORDER FILED ON 9/13/24)(SC)
  18. Filed Order Striking Deficient Document. Order Striking Deficient Motion Relief Pursuant to Huneycutt. Corrected Motion due: 7 days from the date of this order. (SC)
  19. Filed Respondent/cross-appellant's Emergency Motion Under NRAP 27(e) For Relief Pursuant to Huneycutt. (SC)
  20. Filed Appellant/Cross-Respondent's Certificate of No Transcript Request. (SC)
  21. Filed Appellant/Cross-Respondent's Opposition to Respondent/Cross-Appellant's Emergency Motion under NRAP 27(e) for Relief Pursuant to Huneycutt.(STRICKEN PER ORDER FILED ON 9/17/24) (SC)
  22. Filed Appellant/Cross-Respondent's Index of Appendix to Opposition to Respondent's Emergency Motion under NRAP 27(e) for Relief Pursuant to Huneycutt. (STRICKEN PER ORDER FILED ON 9/17/24) (SC)
  23. Filed Appellant/Cross-Respondent's Appendix to Opposition to Respondent's Emergency Motion under NRAP 27(e) for Relief Pursuant to Huneycutt - Vol. 1.(STRICKEN PER ORDER FILED ON 9/17/24) (SC)
  24. Filed Order Striking Deficient Document. Order Striking Deficient Opposition to Emergency Motion for Relief Pursuant to Huneycutt. Corrected Opposition due: 3 days from the date of this order. (SC)
  25. Filed Appellant/Cross-Respondent's Opposition to Respondent's Emergency Motion Under NRAP 27(e) for Relief Pursuant to Huneycutt. (SC)
  26. Filed Appellant/Cross-Respondent's Indexes to Appendix to Opposition to Respondent's Emergency Motion Under NRAP 27(e) for Relief Pursuant to Huneycutt. (SC)
  27. Filed Appellant/Cross-Respondent's Appendix to Opposition to Respondent's Emergency Motion Under NRAP 27(e) for Relief Pursuant to Huneycutt - Vol. 1. (SC)
  28. Filed Order Granting Extension Per Telephonic Request. Appellant/cross-respondent's fast track opening brief and appendix due: September 30, 2024. (SC)
  29. Filed Respondent/Cross-Appellant's Reply to Opposition to Respondent's Emergency Motion Under NRAP 27(e) for Relief Pursuant to Huneycutt. (SC)
  30. Filed Notice from Court Reporter. Maria Balagtas stating that the requested transcripts were delivered. Dates of transcripts: 9/13/2023, 8/31/2023, 5/10/2023, and 2/1/2023. (SC)
  31. Filed Appellant/Cross-Respondent's Motion for Extension of Time to File Fast Track Opening Brief and Appendix. (SC)
  32. Filed Order Granting Motion for Limited Remand. Cross-appellant has moved for a limited remand under NRAP 12A. Cross-appellant's motion for a limited remand is granted, and this matter is hereby remanded to the district court for the limited purpose of ruling on its motion to correct the April 15 order to reflect its intended custody schedule and findings. District court order due: 30 days. Briefing suspended. (SC)
  33. Filed (SEALED) Confidential District Court Order. Certified copy of NRCP 60(a) Order Correcting Clerical Error Post Limited Remand filed in district court on November 4, 2024. (SC)
  34. iled Appellant/Cross-Respondent's SEALED Notice of Appeal/Amended/Supplemental. Amended NOA. (SC)
  35. eturned Filing Fee. Check No. 1379 returned to Emily McFarling. (SC)
  36. iled Order Reinstating Briefing. The district court's resultant order was entered on November 4, 2024. No party having filed a motion to dismiss this appeal and cross-appeal as moot, and cross-appellant having filed a time amended notice of appeal, briefing in this appeal and cross-appeal is hereby reinstated. Briefing shall proceed on a parallel schedule under revised NRAP 3E(d). Appellant and cross-appellant shall each have 30 days from the date of this order to file and serve their fast track opening briefs and an appendix. Appellant and cross-appellant then shall have 21 days from service of the corresponding fast track opening brief to file and serve fast track answering briefs on appeal and cross-appeal. Any reply briefs are due within 14 days from service of the corresponding answering brief. (SC)
  37. iled Joint Motion to Consolidate Child Custody Appeals (Case Nos. 88561 and 89473). (SC)
  38. iled Respondent/Cross-Appellant's Motion (Stipulation) to Dismiss Cross-Appeal. (SC)
  39. iled Order Granting Extension Per Telephonic Request. Appellant/Cross-Respondent's fast track opening brief and appendix due: January 15, 2025. (SC)
  40. iled Appellant/Cross-Respondent's Motion for Extension of Time to File Fast Track Opening Brief and Appendix. (SC)
  41. iled Order Dismissing Cross-Appeal and Granting Motion. The parties have filed a stipulation to dismiss the cross-appeal. Cause appearing, the stipulation is approved and respondent/cross-appellant's cross-appeal is dismissed. The clerk shall amend the caption accordingly. Briefing in the remaining appeal shall proceed in accordance with NRAP 3E(d), (e). Appellant's motion for a second extension of time to file the fast track opening brief and appendix is granted. NRAP 3E(g)(2)(C). Appellant shall have until March 14, 2025, to file and serve the fast track opening brief and appendix. (SC)
  42. iled Order Dismissing Appeal (Docket No. 89473) and Denying Motions to Consolidate. When this court's review of the docketing statement and other documents before the court revealed a potential jurisdictional defect regarding the appeal in Docket No. 89473, appellant was directed to show cause why that appeal should not be dismissed for lack of jurisdiction. Appellant and respondent timely filed responses to the show cause order. Appellant asserts that the appeal should not be dismissed because the district court exceeded the scope of its authority under NRCP 60(a), and thus the limited remand was ineffective. However, these are merits arguments and do not demonstrate this court's jurisdiction over the September 5 order. Respondent asserts that the appeal should be dismissed. As appellant has failed to demonstrate that this court has jurisdiction over the September 5 indicative order, the appeal in Docket No. 89473 is hereby dismissed. The appeal in Docket No. 88561 remains pending, with the fast track opening brief due on March 14, 2025, and appellant may raise any issues he has with the September 5 and November 4 orders in that appeal. In light of this order, the motions to consolidate these appeals are denied as moot. A25-RP/LB/LS (SC)
  43. iled Appellant's Motion for Extension of Time to File Fast Track Opening Brief and Appendix. (STRICKEN PER ORDER FILED ON 3/17/25) (SC)
  44. iled Appellant's Index Volume to Appendix to Fast Track Opening Brief. (STRICKEN PER ORDER FILED ON 3/17/25)(SC)
  45. iled Appellant's Appendix to Opening Brief - Vols. 1-17. (STRICKEN PER ORDER FILED ON 3/17/25) (SC)
  46. iled Order Striking Deficient Document. Order Striking Deficient Motion for Extension of Time, Index to Appendix, and Volumes 1-17 of the Appendix. Corrected Motion due: 7 days from the date of this order along with all other documents. (SC)
  47. iled Appellant's Motion to Extend Time to File Fast Track Opening Brief and Appendix. (SC)
  48. iled Appellant's Index to Appendix. Alphabetical and Chronological. (SC)
  49. iled Appellant's Appendix to Fast Track Opening Brief. Vol.1 Part 1. (SC)
  50. iled Appellant's Appendix to Fast Track Opening Brief. Vol.1 Part 2. (SC)
  51. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 2. (SC)
  52. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 3. (SC)
  53. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 4. (SC)
  54. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 5. (SC)
  55. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 6. (SC)
  56. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 7. (SC)
  57. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 8. (SC)
  58. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 9. (SC)
  59. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 10. (SC)
  60. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 11 (SC)
  61. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 12. (SC)
  62. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 13. (SC)
  63. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 14. (SC)
  64. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 15. (SC)
  65. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 16. (SC)
  66. iled Appellant's Appendix to Fast Track Opening Brief. Vol. 17. (SC)
  67. iled Appellant's Motion to Include Hearing Videos In Appendix In Addition to Transcripts. (SC)
  68. iled Appellant's Motion for Permission to Enlarge The Type-Volume Limitation on Opening Brief and Fast Track Opening Brief (DEFICIENT - Pending Motion). (BRIEF DETACHED AND FILED PER 4/11/25 ORDER). (SC)
  69. iled Appellant's Motion To Correct The Record. (SC)
  70. iled Appellant's Motion for Permission to Enlarge The Type-Volume Limitation on Opening Brief and Fast Track Opening Brief (DEFICIENT - Pending Motion). (SC)
  71. iled Respondent's Opposition to Appellant's Motion for Permission to Enlarge the Type-Volume Limitation on Opening Brief. (SC)
  72. iled Respondent's Partial Opposition to Appellant's Motion to Include Hearing Videos in Appendix in Addition to Transcripts. (SC)
  73. iled Appellant's Reply to Respondent's Opposition for Permission to Enlarge the Type-Volume Limitation on Opening Brief. (SC)
  74. iled Order Regarding Motions. Appellant has filed a motion requesting a third extension of time to file the fast track opening brief and appendix, and a motion to exceed the type-volume limitation for the brief. Respondent opposes the motion to exceed the type-volume limitation, and appellant has filed a reply. Cause appearing, the motions are granted. The clerk shall detach the fast track opening brief from the motion filed on March 21, 2025, and file it separately. Respondent shall have 21 days from the date of this order to file and serve the fast track answering brief. Appellant has filed a motion to include the videos of district court hearings in his appendix in addition to the transcripts of those hearings. The motion is granted to the following extent. The district court clerk shall have 14 days from the date of this order to transmit to this court the video recordings of hearings held on the following dates: February 21, 2023; May 10, 2023; August 31, 2023; September 13, 2023; September 22, 2023; November 17, 2023; and July 16, 2024. The clerk of this court shall return, unfiled, the appendix received on April 8, 2025. Appellant has filed an unopposed motion to correct the district court record. This court defers ruling on this motion pending receipt of the video recording of the proceedings held on November 17, 2023. (SC)
  75. iled Appellant's Fast Track Opening Brief. (STRICKEN PER ORDER FILED ON 4/28/25) (SC)
  76. iled Appellant's Motion for Permission to File an Amended Opening Brief. (SC)
  77. iled Respondent's Non-Opposition to Appellant's Motion for Permission to File an Amended Opening Brief and Respondent's Countermotion to Restart Time to File Answering Brief. (SC)
  78. iled Order Granting Motions and Directing Transmittal of Videos. Appellant's unopposed motion to file an amended fast track opening brief is granted to the following extent. Appellant shall have 7 days from the date of this order to file and serve an amended fast track opening brief that does not exceed 15,975 words. The clerk shall strike the fast track opening brief filed on April 11, 2025. Respondent's countermotion to restart the time to file the fast track answering brief is granted to the following extent. Respondent shall have 28 days from the date of this order to file and serve the fast track answering brief. This court's April 11, 2025, order directed the clerk of the district court to transmit to this court, by April 25, 2025, the video recordings of hearings held on the following dates: February 21, 2023; May 10, 2023; August 31, 2023; September 13, 2023; September 22, 2023; November 17, 2023; and July 16, 2024. To date, the clerk of the district court has failed to transmit these videos. The district court clerk shall have 7 days from the date of this order to transmit the video recordings of these hearing dates to this court. (SC)
  79. iled Appellant's Amended Fast Track Opening Brief. (SC)
  80. iled Appellant's Index Volume to Amended Appendix to Fast Track Opening Brief. (SC)
  81. iled Appellant's Amended Appendix to Fast Track Opening Brief- Vol. 7. (SC)
  82. iled Appellant's Amended Appendix to Fast Track Opening Brief- Vol. 10. (SC)
  83. iled Appellant's Amended Appendix to Fast Track Opening Brief- Vol. 11. (SC)
  84. iled Appellant's Amended Appendix to Fast Track Opening Brief- Vol. 12. (SC)
  85. iled Appellant's Amended Appendix to Fast Track Opening Brief- Vol. 13 Part 1. (SC)
  86. iled Appellant's Amended Appendix to Fast Track Opening Brief- Vol. 13 Part 2. (SC)
  87. iled Order Granting Motion. Appellant's motion to correct the record is granted. The district court shall amend the record as follows. The transcript of the November 17, 2023, hearing shall be amended at page 114, lines 6-12, to reflect the following: "So this is a reason I keep offering different options, not because I just want Liam to attend every school that I can just so I don't have to pay for his education. . . ." fn1 [The clerk shall return, unfiled, the USB drive received on April 2, 2025.] (SC)
  88. iled Order Granting Extension Per Telephonic Request. Respondent's fast track answering brief due: June 3, 2025. (SC)
  89. iled Respondent's Answering Brief. (SC).
  90. iled Respondent's Motion for Permission to to Enlarge The Type-Volume Limitation on Answering Brief. (SC)
  91. iled Transcript. Proceedings: 11/17/2023 Court Reporter: Maria Balagtas. (SC)
  92. iled Order Granting Motion. Respondent's unopposed motion for leave to file a fast track answering brief in excess of the type-volume limitation is granted. NRAP 3E(f); NRAP 32(a)(7)(A)(ii), (D). The fast track answering brief was filed on June 3, 2025. Respondent shall have 14 days from the date of this order to file and serve a fast track reply brief. (SC)
  93. iled Appellant's Motion for Permission to Enlarge the Type-Volume Limitation on Reply Brief. (SC)
  94. iled Respondent's Opposition to Appellant's Motion to Enlarge Volume Type Limitation on Reply Brief and Countermotion to Strike Reply Brief. (SC)

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