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United States Court Cases

Nevada Supreme/Appellate Court Record

NAVARRO VS. NAVARRO

Case Information: 39577
Short Caption:NAVARRO VS. NAVARROCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D253263Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/17/2002 / Segel, M.SP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:10/07/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/03/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Bruce I. Shapiro, Ltd.--check no. 2036.
05/03/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. (Sealed by 7/5/01 order of the court.) Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 02-07781
05/17/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: M. Nelson Segel. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/20/2002Docketing StatementFiled Docketing Statement. 02-08826
05/20/2002Notice/Outgoing Letter. M. Nelson Segel. (Docketing statement)
05/28/2002Settlement Program ReportFiled Interim Settlement Program Report. Settlement Judge believes that this matter should be removed from the Settlement Judge Program. 02-09317
08/05/2002Notice/IncomingFiled Notice of Appearance. Chad A. Bowers as counsel for respondent. 02-13358
08/14/2002Order/ProceduralFiled Order. On May 28, 2002, settlement judge M. Nelson Segel filed a status report with this court indicating that this appeal should be removed from the settlement conference program because respondent is not represented by counsel. Attorney Neil M. Mullins, Jr., filed a notice of withdrawal in the district court on April 5, 2002, before the docketing of this appeal. The clerk of this court shall remove Mr. Mullins as counsel for respondent. On August 5, 2002, attorney Chad a. Bowers filed a notice of appearance as counsel for respondent. Because respondent is represented by counsel, we decline to remove this appeal from the settlement conference program. The settlement judge shall have 30 days from the date of this order to schedule this appeal for a settlement conference. 02-13885
10/23/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-18367
11/01/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); Because this is a child custody matter, 90 days to file and serve opening brief and appendix; Respondent shall have 20 days after service of the opening brief to file and serve the answering brief. Appellant shall have 10 days after service of the answering brief to file and serve the reply brief. 02-18811
12/11/2002Order/ProceduralFiled Order. To date, appellant has failed to file either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall, within 10 days form the date of this order, file and serve the required document. 02-21113
12/16/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: February 14, and 15, 2002. To Court Reporter: Deborah Casper. 02-21461
01/08/2003TranscriptFiled Transcript. Proceedings: SEALED-February 14, 2002, Volumes 1 and 2; February 15, 2002, Volumes 1, 2, and 3. Court recorder: Biljana Dokic. 03-00398
01/30/2003MotionFiled Motion to Extend Time. 03-01663
01/31/2003Order/ProceduralFiled Order Granting Motion. filed January 30, 2003. Appellant shall have until March 3, 2003, to file and serve the opening brief and appendix. Appeals involving child custody are subject to the expedited briefing schedule set forth in NRAP 31(a)(2). No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 03-01698
02/27/2003MotionFiled Motion. Motion to Include Confidential Report in Record on Appeal. 03-03277
03/10/2003MotionFiled Motion to Extend Time. 03-03974
03/10/2003MotionFiled Motion for Excess Pages. Motion for Permission to File (Opening) Brief in Excess of Thirty Pages. To wit: 60 pages. 03-03975
03/17/2003MotionFiled Response to Motion. Opposition to Motion for Extension of Time to File Opening Brief. 03-04465
04/11/2003MotionFiled Motion. Motion for Extension of Time for Respondent to File Answering Brief and for Expedited Oral Argument Setting (filed by counsel for appellant). 03-06102
04/24/2003MotionFiled Response to Motion. Opposition to Motion for Extension of Time for Respondent to File Answering Brief and for Expedited Oral Argument Setting (filed by counsel for respondent). 03-06992
05/07/2003Order/ProceduralFiled Order. Directing Transmission of report and Filing of Opening Brief and Appendix. On February 27, 2003, appellant filed a motion to include a confidential report in the record on appeal. Cause appearing, we grant the unopposed motion. The clerk of the district court shall, within 30 days from the date of this order, transmit the report prepared by Elizabeth C. Richitt, Ph.D., presented in open court on February 14, 2002, in Case No. D253263. On March 10, 2003, appellant filed a motion for an extension of time to file the opening brief and appendix. Respondent opposes the motion. Nevertheless, because we prefer to decide cases on their merits, we grant appellant's motion and deny respondent's request to dismiss this appeal. We also grant appellant's motion to file a brief in excess of 30 pages. The clerk of this court shall file the opening brief and appendix received on March 7, 2003. Respondent shall have 20 days from the date of this order to file and serve the answering brief. Thereafter, appellant may file a reply brief within 10 days from service of the answering brief, if deemed necessary. On April 11, 2003, appellant filed a motion requesting this court 'enter an order allowing Respondent no more than thirty (30) additional days-through and including April 28, 2003. . .to file the answering brief.' Respondent opposes this request. In light of the new briefing schedule set forth above, we deny this request as moot. Appellant also requests an expedited oral argument setting. Insofar as appellant requests that oral argument be scheduled at this time, we deny the request. 03-07805
05/07/2003BriefFiled Opening Brief. Mailed on: 03/05/03. 03-03866
05/07/2003AppendixFiled Appendix to Opening Brief. Volumes 1 and 2. 03-03867
05/19/2003ExhibitFiled Exhibits (copies). Certified copy of psycological report prepared by Elizabeth C. Richitt, Ph.D. (presented in open court on February 14, 2002). -CONFIDENTIAL- 03-08406
05/29/2003BriefFiled Answering Brief. 03-08968
06/12/2003BriefFiled Reply Brief. 03-09811
08/26/2003Notice/OutgoingIssued Notice of Modification of Caption. Changed spelling of "Steven" to "Stephen."
10/07/2003Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 03-16680
10/07/2003Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP04-RR/ML/WM
01/20/2004Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. 'We remand, this matter to the district court for further proceedings.' On remand, the presiding judge of the Eighth Judicial District Court's Family Court Division is ordered to re-assign this matter to a different judicial department for a complete de novo review of Stephen's motion to set aside the custody agreement under McMonigle v. McMonigle and Murphy v. Murphy. Because this case involves the issue of child custody, this matter must be resolved in the district court as expeditiously as possible. fn6[This matter was submitted for decision by a panel of this court comprised of Justices Rose, Leavitt, and Maupin. Justice Leavitt having died in office on January 9, 2004, a two-justice panel decided this matter.] SNP04-RR/WM 04-01146
02/18/2004RemittiturIssued Remittitur. Returned Exhibits: Certified copy of psycological report prepared by Elizabeth C. Richitt, Ph.D. (presented in open court on February 14, 2002) CONFIDENTIAL this day. 04-01410
02/18/2004Case Status Update Remittitur Issued/Case Closed.
03/08/2004RemittiturFiled Remittitur. Received by County Clerk on March 1, 2004. 04-01410