judyrecords
search tips
760 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

MCCLINTOCK VS. MCCLINTOCK

Case Information: 43048
Short Caption:MCCLINTOCK VS. MCCLINTOCKCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D293005Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/31/2004 / Trost, JanetSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/29/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Bruce I. Shapiro, Ltd.--check no. 3288.
03/29/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 04-05832
03/31/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Janet Trost. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/05/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 42703/43048-cases are not consolidated. 04-08256
05/12/2004Order/ProceduralFiled Order. Consolidating Appeals, Reinstating Briefing and Directing Appellant to File a Docketing Statement in docket No. 43048. We conclude that in the interest of judicial economy, these appeals should be consolidated. Accordingly, we consolidate these appeals for all appellate purposes. See NRAP 3(b). The parties were unable to agree to a settlement in these matters. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve a single opening brief and appendix, addressing the issues raised in both appeals. Briefing shall proceed in accordance with NRAP 31(a)(1). To date, appellant has failed to file the docketing statement in Docket No. 43048. Appellant shall have 10 days from the date of this order to file and serve the docketing statement. Pursuant to order of this court entered May 6, 2004, the untimely docketing statement in Docket No. 42703 was filed on May 6, 2004. Accordingly, we deny as moot appellant's motion to extend the time to file the docketing statement. Nos. 42703/43048. (04-08827)
05/27/2004MotionFiled Motion to Dismiss Appeal. Nos. 42703/43048 [04-09803]
06/01/2004Notice/IncomingFiled Proof of Service. --Receipt of Copy of Respondent's Motion to Dismiss Appeal. Nos. 42703/43048 [04-09964]
06/07/2004MotionFiled Response to Motion. Nos. 42703/43048 (04-10488).
06/17/2004MotionFiled Motion for Permission to File Document. Motion to Reply to Appellant's Opposition to Respondent's Motion to Dismiss. Nos. 42703/43048 (04-11098).
06/22/2004Order/ProceduralFiled Order. to date appellant has failed to file the required docketing statement. Appellant shall have 10 days from the date of this order to file and serve the docketing statement in Docket No. 43048. Appellant shall have 10 days from the date of this order to request transcripts in compliance with NRAP 9(a). We caution appellant's counsel that failure to comply timely with this order may result in the imposition of sanctions. Nos. 42703/43048 [04-11378]
07/12/2004Docketing StatementFiled Docketing Statement. Filed in 43048. Nos. 42703/43048. 04-12675
07/29/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 08/21/03, 02/25/03, 06/10/03, and 12/19/03. To Court Reporter: Transcript Video Services. Nos. 42703/43048 (04-13836).
07/29/2004Transcript RequestFiled Request for Transcript of Proceedings. Supplemental Request. Transcripts requested: 07/10/03, 09/10/03, and 10/08/03. To Court Reporter: Transcript Video Services. Nos. 43048/42703 (04-13837).
08/23/2004TranscriptFiled Transcript. Proceedings: Tuesday, February 25, 2003 (D293005); Tuesday, June 10, 2003 (D293005); July 10, 2003 (D293005); Thursday, August 21, 2003 (D167710); Wednesday, September 10, 2003 (D293005); Wednesday, October 8, 2003 (D293005); Friday, December 19, 2003 (D293005/D167710). Supervisor Transcript Video Services: Shelly A. Ajoub. Nos. 42703/43048. (04-15221).
09/13/2004BriefFiled Opening Brief. Nos. 42703/43048 (04-16703).
09/13/2004AppendixFiled Joint Appendix. Vols. 1 through 3. Nos. 42703/43048 (04-16704).
10/04/2004MotionFiled Motion to Extend Time. Nos. 42703/43048 (04-18298).
10/12/2004MotionFiled Response to Motion. Nos. 42703/43048 (04-18863).
10/20/2004Notice/IncomingFiled Errata. (Opposition to Motion to an Extension of Time to file Answering Brief.) Nos. 42703/43048 (04-19375).
05/23/2005Notice/IncomingFiled Notice of Change of Address. Bruce I. Shapiro. Nos. 42703/43048 (05-10165).
05/25/2005Order/ProceduralFiled Order Granting Motion. to file reply. We defer ruling on the motion to extend time for filing an answering brief until respondent has had an opportunity to file a reply to the response to the motion to dismiss. Respondent shall have 20 days from the date of this order to file a reply. We suspend briefing pending further order of this court. Nos. 42703/43048. (05-10243)
06/16/2005Notice/IncomingFiled Proof of Service. Receipt of Copy of Respondent's Reply to Appellant's Opposition to Motion to Dismiss Appeals. Nos. 42703/43048 (05-11917).
06/17/2005MotionFiled Reply to Response. Reply to Appellant's Opposition to Motion to Dismiss Appeals. Nos. 42703/43048. (05-12020)
08/25/2005Order/IncomingFiled District Court Order. Certified copy of Order filed in district court on October 10, 2003 (filed via fax). Nos. 42703/43048 (05-16840).
08/25/2005Notice/OutgoingIssued Letter. to Clark County Clerk to transmit certified copy of Order filed October 10, 2003. Nos. 42703/43048.
08/29/2005Order/DispositionalFiled Order Dismissing Appeal. Order Dismissing Appeal (Docket No. 43048) and Allowing Appeal to Proceed (Docket No. 42703). These consolidated appeals concern two separate district court orders granting motions for nunc pro tunc entry of two different divorce decrees. Respondent has filed a motion to dismiss these appeals for lack of jurisdiction; appellant opposes respondent's motion, and respondent has filed a reply. Because the February 2004 order bifurcated the McClintock divorce proceedings and property issues remain unresolved, the February order is not final, and this court lacks jurisdiction to consider the appeal. Accordingly, " . . . we dismiss the appeal as to Docket No. 43048. We allow the appeal in Docket No. 42703 to proceed. We reinstate briefing in Docket No. 42703. Respondent shall have 30 days from the date of this order to file and serve the answering brief. Appellant may file and serve any reply brief within 30 days from the date that the answering brief is served. No extensions of time to this briefing schedule will be granted absent extreme and unforeseeable circumstances. We deny Kelly's request for attorney fees and sanctions. fn10[In light of this order we deny as moot respondent's motion for an extension of time in which to file an answering brief. The Honorable Miriam Shearing, Senior Justice, and the Honorable Deborah A. Agosti, Senior Justice, participated in the decision of the matter under a general order of assignment entered on July 14, 2005.] SNP-SR/RR/MS/DA. Nos. 42703/43048 – cases are no longer consolidated. 05-17084
09/06/2005Order/IncomingFiled District Court Order. Certified copy of order filed in district court on October 10, 2003. Nos. 42703/43048-cases are not consolidated. 05-17560
09/26/2005RemittiturIssued Remittitur. 05-17373
09/26/2005Case Status Update Remittitur Issued/Case Closed.
10/18/2005RemittiturFiled Remittitur. Received by County Clerk on October 3, 2005. 05-17373