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United States Court Cases

Nevada Supreme/Appellate Court Record

CONNELLY VS. CONNELLY

Case Information: 38368
Short Caption:CONNELLY VS. CONNELLYCourt:Supreme Court
Related Case(s): 36661 , 37930 , 39048
Lower Court Case(s):Elko Co. - Fourth Judicial District - 31505Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:08/28/2001 / Worrell, CarolynSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:12/17/2002How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/23/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Donald York Evans, Ltd.--check no. 8130.
08/23/2001Notice 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.) 01-14309
08/23/2001Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
08/28/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell. (Briefing and preparation of transcripts suspended pending further order of this court.)
08/28/2001Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: August 22, 2001. (Received from district court clerk and not certified.) 01-14512
08/29/2001Docketing StatementFiled Docketing Statement. 01-14638
08/29/2001Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: August 22, 2001. 01-14663
08/30/2001Notice/Outgoing Letter. Carolyn Worrell.
08/31/2001Notice/Outgoing Letter. Carolyn Worrell.
09/10/2001MotionFiled Motion. Motion to Waive Settlement Conference. 01-15244
09/25/2001Order/ProceduralFiled Order Denying Motion. On September 10, 2001, appellant filed a motion to remove this appeal from the settlement conference program. Under NRAP 16(a), the settlement judge assigned to an appeal may recommend that the appeal be removed from the program. Thus, any removal must b direct to the settlement judge. We deny appellant's motion. 01-16163
10/09/2001MotionFiled Motion to Consolidate. Nos. 37930 and 38368. 01-16997
12/14/2001Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: January 18, 2002. 01-21124
03/26/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-05372
04/16/2002Order/ProceduralFiled Order/Briefing Reinstated. Order Consolidating Appeals and Reinstating Briefing. We grant Vickie Lynn Connelly's unopposed motion to consolidate, and we consolidate these appeals for all appellate purposes. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. fn1[We defer ruling on Raymond Connelly's June 29, 2001 motion for remand and Vickie Connelly's September 4, 2001 motion to dismiss, pending further order of this court.] Each appellant shall have 15 days to comply with NRAP 9(a). Because this is a child custody matter, each appellant shall have 90 days from the date of this order to file and serve their respective opening brief and appendix. fn2[The parties have a duty to confer and attempt to reach an agreement to file a joint appendix for both opening briefs.] Briefing shall proceed in accordance with NRAP 31(a)(2). Nos. 37930/38368. (02-06750)
05/01/2002Transcript RequestFiled Request for Transcript of Proceedings. Vickie Lynn Connelly. Transcripts requested: February 20, 21, 22, 2001. To Court Reporter: Zoie M. Williams. Nos. 37930/38368 (02-07685).
05/06/2002TranscriptFiled Transcript. Proceedings: 02/20/01, 02/21/01, 02/22/01 Court Reporter: Zoie Williams. Nos. 37930/38368 (02-07945)
06/05/2002Order/ProceduralFiled Order. To date, Raymond Eugene Connelly, appellant in Docket No. 38368, has failed to file either a transcript request form or a certificate indicating that no transcripts are being requested. In the event Raymond Eugene Connelly intends to reply only on the transcripts requested by appellant Vickie Lynn Connelly, he shall, within 10 days from the date of this order, file a certificate indicating that no additional transcripts are requested. However, if appellant intends to cite to new transcripts which have not yet been prepared, he shall, within 10 days from the date of this order, file and serve a transcript request form identifying the necessary additional transcripts. Nos. 37930/38368 (02-09863).
06/12/2002Transcript RequestFiled Certificate of No Transcript Request. (Raymond Connelly) Nos. 37930/38368. [02-10196]
07/15/2002BriefFiled Opening Brief. Appellant Vickie Connelly's Opening Brief filed in 37930 only. Mailed on: UPS 07/12/02. Nos. 37930/38368 (02-12088).
07/15/2002AppendixFiled Appendix to Opening Brief. Appellant Vickie Connelly's Appendix filed in 37930 only. Nos. 37930/38368 (02/12092).
07/24/2002MotionFiled Motion to Dismiss Appeal. (Dismiss case no. 38368) Nos. 37930/38368 (02-12681).
09/26/2002Letter/IncomingReceived Proper Person Letter. from Raymond Connelly regarding his attorney, Donald York Evans; status of his case; and an extension of time to retain a new attorney. Nos. 38368/37930 (02-16698).
10/07/2002Other Other. Filed Objection (to correspondence from Ray Connelly). Nos. 37930/38368. [02-17280]
10/11/2002MotionFiled Motion to Extend Time. (Appellant's Opening Brief in case no. 38368 only.) Nos. 37930/38368. (02-17651) 02-17651
10/14/2002Other Other. TRANSFERRED from docket no. 39730 to 38368, "Motion to Dismiss Respondent's Appeal" filed on 9/4/01. 02-17671
10/14/2002Other Other. TRANSFERRED from docket no. 39730 to 38368, "Opposition to Motion to Dismiss [Respondent's] Appeal" filed on 9/10/01. 02-17672
10/14/2002MotionFiled Motion to Extend Time. Motion for Leave to File a Late Brief. Nos. 37930/38368 [02-17726]
10/14/2002BriefReceived Answering Brief. Nos. 37930/38368
10/14/2002AppendixReceived Appendix. Nos. 37930/38368
10/16/2002Order/ProceduralFiled Order. On July 15, 2002, appellant Vickie Lynn Connelly (Ms. Connelly) filed her opening brief and appendix in Docket No. 37930. To date, Raymond Eugene Connelly (Mr. Connelly), as respondent in Docket No. 37930, has failed to file the answering brief. Further, Mr. Connelly, as appellant in Docket No. 38368, has failed to file and serve the opening brief and appendix. On September 26, 2002, this court received a letter from Mr. Connelly. In the letter, Mr. Connelly states that his relationship with his attorney, Donald York Evans, has become 'strained,' and believes that he 'need[s] a different attorney.' Mr. Connelly also states that he became aware of the motion to dismiss filed by respondent in Docket No. 38368 on July 24, 2002, and requests this court to 'allow [him] time to try and discover what has happened to [his attorney] and [his] appeal.' On October 7, 2002, Ms. Connelly filed an 'Objection' to Mr. Connelly's letter. Because of the pending motion to dismiss filed by Ms. Connelly, and because it appears that Mr. Evans and Mr. Connelly may have miscommunicated, we suspend briefing in Docket No. 38368 until further notice by this court. We further direct Mr. Evans, within 20 days from the date of this order, to: (1) file and serve a reply to the motion to dismiss in Docket No. 38368, and (2) file and serve the answering brief in Docket No. 37930. In the alternative, within the same time period, we direct Mr. Evans to inform this court in writing of the status of his representation of Mr. Connelly in these consolidated appeals. Fn1 [Although appellant has not been granted leave to file papers in proper person, we direct the clerk of this court to file the letter received on September 26, 2002]. Nos. 37930/38368 (02-17945).
10/16/2002Letter/IncomingFiled Letter. from Raymond Connelly regarding his attorney, Donald York Evans; status of his case; and an extension of time to retain a new attorney. Nos. 37930/38368.
10/16/2002BriefFiled Answering Brief. Brief for case no. 37930 only. Nos. 37930/38368 (02-17727).
10/16/2002AppendixFiled Appendix to Answering Brief. Appendix for case no. 37930 only. Nos. 37930/38368 (02-17728).
10/21/2002Order/ProceduralFiled Order Denying Motion. filed October 14, 2002. The clerk of this court filed respondent Connelly's answering brief in Docket No. 37930 that had been provisionally received on October 14, 2002. In light of the filing of respondent Connelly's answer brief, the October 14, 2002, motion requesting an extension of time to file the brief is denied as moot. Nos. 37930/38368. (02-18240)
10/21/2002Letter/IncomingReceived Proper Person Letter. RETURNED, UNFILED per 12/17/02 order. Nos. 37930/38368 (02-18273).
11/04/2002Notice/IncomingFiled Notice. Notice to the Court Pursuant to Order of October 16, 2002. Nos. 37930/38368 (02-18967).
11/04/2002MotionFiled Response to Motion. Opposition to Second Motion to Dismiss Respondent's Appeal. Nos. 37930/38368. [02-18998]
11/04/2002Notice/IncomingFiled Substitution of Attorneys. Marvel & Kump, Ltd., in place and stead of Donald York Evans and counsel for Raymond Eugene Connelly. Nos. 37930/38368. [02-19003]
11/13/2002BriefFiled Reply Brief. Mailed on: UPS 11/12/02. Filed in 37930 only. Nos. 38368/37930 (02-19536).
11/13/2002BriefReceived Answering Brief. Mailed on: UPS 11/12/02. Received in 38368 only. Nos. 38368/37930. 02-19537
11/27/2002MotionFiled Motion to Extend Time. Filed in case no. 38368 only. Nos. 37930/38368. 02-21514
12/17/2002Order/ProceduralFiled Order. On October 16, 2002, this court entered an order that suspended briefing in Docket No. 38368, and directed attorney for Raymond Eugene Connelly, Mr. Donald York Evans, to inform this court of the status of his representation of Mr. Connelly. On November 4, 2002, Mr. Evans filed a "Substitution of Attorney" That document seeks to substitute the law firm of Marvel & Kump, Ltd. as counsel for Mr. Connelly in these consolidated appeals. We note that the substitution contains signatures of Mr. Connelly, Mr. Evans, and Mr. Jeffrey J. Kump of the law firm of Marvel & Kump, Ltd. Cause appearing, we approve the substitution. See SCR 46(1). The clerk of this court shall amend this court's record to reflect that the law firm of Marvel & Kump, Ltd. is counsel of record for Mr. Connelly in these consolidated appeals. As noted above, the briefing in Docket No. 38368 has been suspended by order of this court pending resolution of two motions to dismiss the appeal in Docket No. 38368 filed on July 24, 2002, and October 14, 2002. On October 11, 2002, Mr. Connelly, appellant in Docket No. 38368, filed a motion for an extension of time to file the opening brief and appendix. On November 13, 2002, this court received the answering brief. Thereafter, on November 27, 2002, appellant Mr. Connelly filed a motion for an extension of time to file the reply brief. Although briefing has been suspended, we grant the motions and direct the clerk of this court to file the opening brief and appendix received on October 11, 2002, the answering brief received on November 13, 2002, and the reply brief received on December 9, 2002. On October 21, 2002, Mr. Connelly submitted a letter to this court. Because Mr. Connelly has not been granted leave to file documents in proper person, we direct the clerk to return, unfiled, Mr. Connelly's letter received on October 21, 2002. See NRAP 46(b). Mr. Connelly shall address all concerns relating to these consolidated appeals to his counsel of record. Nos. 37930/38368
12/17/2002BriefFiled Opening Brief. Filed in 38368 only. Nos. 37930/38368 02-17652
12/17/2002AppendixFiled Appendix to Opening Brief. Filed in 38368 only. Nos. 37930/38368 02-17653
12/17/2002BriefFiled Answering Brief. Filed in 38368 only. Nos. 37930/38368 02-19537
12/17/2002BriefFiled Reply Brief. Filed in 38368 only. Nos. 37930/38368 02-21515
12/17/2002Other Returned Unfiled Document. Returned, unfiled, proper person letter received 10/21/02 (per order filed 12/17/02). Nos. 37930/38368 (02-18273)
12/17/2002Case Status Update Submitted for Decision.
03/20/2003MotionFiled Motion. Request for Review. Nos. 37930/38368 [03-04796]
06/16/2003Order/DispositionalFiled Order Dismissing Appeal. Order Dismissing Appeal in Docket No. 38368 and Allowing Appeal in Docket No. 37930 to Proceed. These are consolidated appeals from a final divorce decree and an order refusing to rule on an NRCP 60(b) motion and motion for reconsideration. Our review of the documents before us reveals that we lack jurisdiction over the appeal in Docket No. 38368. On May 22, 2001, Vickie timely filed a notice of appeal (Docket No. 37930). Raymond did not immediately appeal from the final decree. On August 20, 2001, Raymond filed a notice of appeal from the divorce decree and from the July 25 order declining to rule on the NRCP 60(b) motion and the motion for reconsideration (Docket No. 38368). Vickie has filed a motion to dismiss Raymond's appeal. Raymond opposes the motion. As we lack jurisdiction over the appeal in Docket No. 38368, ' . . . we dismiss it.' Each party shall bear its own attorney fees and costs with respect to that appeal. The appeal in Docket No. 37930 may proceed. fn7[In light of this order, we deny as moot Raymond's June 29, 2001 motion for remand.] NNP03-RRWM/MG. Nos. 37930/ 38368. 03-09935
07/11/2003RemittiturIssued Remittitur. 03-10357
07/11/2003Case Status Update Remittitur Issued/Case Closed.
07/14/2003Other Other. Cases 37930 and 38368 unconsolidated.
07/31/2003RemittiturFiled Remittitur. Received by County Clerk on July 14, 2003. 03-10357