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Case Information
Filed
2023-12-04
Status
Briefing Suspended
Type
Civil Appeal Family Law Pro Bono Program
Docket
39 entries
Disposition
allow
Docket Entries
- Filing Fee due for Appeal. (SC)
- Filed Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. (SC)
- Issued Notice to Pay Supreme Court Filing Fee/Proper Person. No action will be taken on this matter until filing fee is paid. Due Date: 14 days. (SC)
- Filed Eleventh Judicial District Court Motion for Stay of Appeal and Limited Remand.(SC)
- Filed Order Granting Motion for Stay and Limited Remand. On December 6, 2023, the district court filed a motion asking this court to stay the appellate proceedings in this matter and remand this matter for the limited purpose of allowing the district court to hear Plaintiff's Motion to Reconsider Property Division in Decree. Because Plaintiff's Motion might be a tolling motion, it appears this appeal may be premature and therefore no remand would be necessary for the district court to resolve Plaintiff's motion. To the extent this court has jurisdiction and a remand is necessary, the motion is granted and this appeal is remanded to the district court for the purpose of resolving Plaintiff's Motion. The district court shall have 45 days from the date of this order to enter an order resolving Plaintiff's Motion and transmit that order and, if applicable, any order vacating or modifying the current judgment to the clerk of this court. All deadlines in this court are stayed pending further order of this court. (SC)
- Filed Notice of Compliance With Order Granting Motion to Stay and Limited Remand Filed on December 15, 2023.(SC)
- Filed Proper Person Motion for Stay Form for Parties Without Attorneys. (SC)
- Filing Fee due for Cross Appeal. (SC)
- Filed Notice of Cross-Appeal. (SC)
- 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)
- Filing Fee Paid. $250.00 from Steven Fisher. Check no. 9145. (SC)
- Filing Fee Paid for Cross-Appeal. $250.00 from Amens Law. Check no. 2728. (SC)
- Filed Proper Person (Steve Fisher) Notice of Change of Address (SC)
- Filed Proper Person Motion to Extend Time to File an Opposition to Amended Divorce Decree. (SC)
- Filed Proper Person Opposition to Untrue "Facts" Decree by the 11th District Court on Wing V. Fisher.(SC)
- Filed Proper Person Opposition to Notice of Timely Filing of Limited Remand.(SC)
- Filed Order Lifting Stay of Appeal. The stay of this appeal is lifted. The clerk of this court shall issue the notice regarding the deadlines for filing documents in this appeal. (SC)
- Issued Notice Regarding Deadlines. (SC)
- Filed Order. Appellant/cross-respondent appeals from a decree of divorce. This court previously remanded this appeal to the district court so that it could address a motion for reconsideration. Pursuant to that remand, the district court entered an amended decree of divorce. Appellant/cross-respondent has now filed, in pro se, an "Opposition to Notice of Timely Filing of Limited Remand," an "Opposition to Untrue 'Facts' Decree of Divorce," and a "Motion to Extend Time to File an Opposition to Amended Divorce Decree." It appears the latter document seeks additional time to file the former two documents. The motion is granted to the following extent. The oppositions were filed on February 20, 2024. The relief requested in the objections is denied at this time. If appellant seeks to appeal from the amended decree of divorce, he may file an amended notice of appeal in the district court within 30 days of service of notice of entry of the amended decree. To the extent appellant/cross-respondent's extension motion seeks an extension of time to file a new or amended notice of appeal, the motion is denied. (SC)
- Filed Appellant/Cross-Respondent Request for Transcript of Proceedings. Transcripts requested: 02-27-23 and 03/16/23 To Court Reporter: Danielle Rackley.(SC)
- Filed Appellant/Cross-Respondent Transcript Proceedings: 02-27-2023 Court Reporter: Daneille Rackley.
- Filed Filed Appellant/Cross-Respondent Transcript Proceedings: March 16, 2023 Court Reporter: Daneille Rackley.(SC)
- Filed Request for Transcript of Proceedings. Transcripts requested: 11/7/23 and 1/16/24 To Court Reporter: Danielle Rackley.(SC)
- Filed Order to Transmit Amended Notice Appeal. On January 31, 2024, the district court filed a Notice of Compliance with Order Granting motion to Stay and Limited Remand. That informed this court that that the district court had entered an Amended Findings of Fact, Conclusions of Law & Decree of Divorce and advised this court that the defendant had filed an "Amended Appeal" from this order and a motion to stay on January 27, 2024. To date, this court has not received a copy of the Amended Appeal from the district court. The district court clerk shall have 14 days from the date of this order to transmit to the clerk of this court the Amended Appeal filed on January 27, 2024. (SC)
- Filed Proper Person Docketing Statement(SC)
- Filed Order Denying Motion. Pro se appellant/cross-respondent has filed an unopposed motion to stay the amended decree of divorce pending appeal. Appellant/cross-respondent does not assert that he sought a stay in the district court in the first instance and the district court denied relief or did not grant the requested relief, or that moving first in the district court would be impracticable. Accordingly, the motion is denied without prejudice. (SC)
- Filed Notice of Appeal/Amended/Supplemental. (SC)
- Filed Proper Person Appeal of Denial of Motion to Stay.(SC)
- Filed Appellant's Docketing Statement(SC)
- Filed Order directing Transmission of Record on Appeal and Regarding Pro Bono Counsel. This court has determined that the appointment of pro bono counsel to represent appellant would assist this court in reviewing this appeal. This case is hereby referred to the program established by the Pro Bono Committee to evaluate whether appellant can benefit from the program. The clerk of this court shall transmit a copy of this order and the attached case summary to the Legal Aid Center of Southern Nevada for financial eligibility screening. Appellant's notice of appearance due: 60 days. The briefing schedule in this appeal is suspended pending further order of this court. This court has further concluded that review of the complete record is warranted. Record due: 30 days. (SC)
- Filed Filed Proper Person Response to Docketing Statement(SC)
- Filed Proper Person Transcripts of Limited Remand Hearing. Transcript. Proceedings: 1/16/2024, 11/7/23 (SC)
- Filed Order. Appellant has now filed an appeal of the denial of the motion for stay. This court construes the appeal as a motion for reconsideration of the order denying appellant's motion for a stay pending appeal. The motion is denied. If appellant's motion is denied by the district court, or he is not afforded the relief requested, he may file a renewed motion for stay in this court. (SC)
- Filed Documents from District Court Clerk(Transcript February 27, 2023 Bench Trial(SC)
- Filed Documents from District Court Clerk(Transcript March 16, 2023 Bench Trial(SC)
- Filed Record on Appeal Documents Volumes 1-10 (SC)
- Filed Proper Person Motion for Stay Form for Parties Without Attorneys (SC)
- Filed Order. Appellant/cross-respondent (appellant) has filed, in pro se, a motion for a stay pending appeal. The certificate of service attached to the motion is insufficient because it indicates that counsel for respondent/cross-appellant (respondent) was served via email and electronic filing, but does not specify the electronic address used to effectuate such service. More importantly, appellant is not a registered user of this court's electronic filing system and cannot rely on service through that system, see NEFCR 9(b), and there is no indication that respondent has consented to service via electronic means, see NRAP 25(c)(1)(D). Accordingly, this court will take no action on the motion at this time. Appellant shall have 14 days from the date of this order to file an amended proof of service that complies with NRAP 25(d)(1)(B). Respondent shall have 7 days from the date of filing of the amended proof of service to file and serve any opposition to the motion for stay. (SC)
- Filed Proper Person Notice of Proof of Service for Motion for Stay. (SC)
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