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United States Court Cases

Nevada Supreme/Appellate Court Record

WASHKO VS. WASHKO

Case Information: 37504
Short Caption:WASHKO VS. WASHKOCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D215782Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/09/2001 / Dentico, MichaelSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/01/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Offices of Kendal Sue Bird--check no. 3197.
03/01/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. 01-03796
03/09/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Michael V. Dentico. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
07/13/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-11909
07/13/2001Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days.
08/01/2001Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. This court shall conduct a preliminary jurisdictional review of this appeal. Appellant: 15 days to comply with NRAP 9(a). Because this is a child custody matter, appellant shall have 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. 01-12999
09/04/2001Order/ProceduralFiled Order. To date appellant has failed to file the docketing statement and either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall, within 10 days of the date of this order, file and serve the docketing statement and either a transcript request form or a certificate indicating that no transcripts are being requested. Failure to comply timely with this order may result in the imposition of sanctions. (Docketing statement mailed to counsel for appellant.) 01-14899
09/17/2001Docketing StatementFiled Docketing Statement. 01-15697
09/17/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: December 19, 2000. To Court Reporter: Deborah S. Casper. 01-15698
09/20/2001Notice/IncomingFiled Proof of Service. 01-15891
12/10/2001TranscriptFiled Transcript. Proceedings: December 27, 2000. Court Reporter: Alice Eastgate. 01-20689
01/07/2002Order/ProceduralFiled Order. Court recorder Deborah S. Casper shall have 20 days from the date of this order to file and serve the transcript for proceedings conducted on December 19, 2000. To date appellant has failed to file the opening brief and appendix. Appellant shall, within 30 days from the date of this order, file and serve the opening brief and appendix. Respondent shall within 20 days from service of the opening brief, file and serve the answering brief. NRAP 31(a)(2). Appellant may file a reply brief, if deemed necessary, within 10 days from service of the answering brief. 02-00346
01/16/2002Notice/IncomingFiled Notice. Notice of Failure to Order and Pay Deposit for Transcript. 02-01105
02/25/2002Order/ProceduralFiled Order. We vacate that portion of our January 7, 2002, order directing Transcript/Video Services to prepare and file the transcript for December 19, 2000. Appellant shall have 10 days from the date of this order to pay the required deposit for the requested transcript and file proof of such payment with the clerk of this court. Transcript/ Video Services shall have 30 days from receipt of the deposit to prepare and file the requested transcript. If appellant no longer wishes to have the December 19, 2000, proceedings transcribed, appellant shall, within the same time period, notify both Transcript/Video Services and this court of this fact in writing. We admonish appellant's counsel that future failure to comply with the Nevada Rules of Appellate Procedure could result in the imposition of sanctions. 02-03432
03/27/2002TranscriptFiled Transcript. Proceedings: December 19, 2000. Court Reporter: Shelly A. Ajoub. 02-05438
07/16/2002Order/ProceduralFiled Order. To date, appellant has failed to file the opening brief and appendix or otherwise communicate with this court. Appellant shall have 10 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(2). Failure to comply timely with this order may result in the imposition of sanctions. 02-12170
11/13/2002Order/CounselFiled Order/Sanctions. To date, appellant has failed to file the opening brief and appendix or otherwise communicated with this court. We conclude that Ms. Bird's dilatory actions in prosecuting this appeal warrant the imposition of sanctions. Ms. Bird shall personally pay the sum of $500.00 to the Supreme Court Law Library and file proof of such payment within 10 days from the date of this order. Within the same time period, appellant shall file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(2). Failure to comply with this order in a timely manner may result in the imposition of additional sanctions, including, but not limited to, dismissal of this appeal as abandoned and referral to the State Bar of Nevada for investigation. 02-19524
11/18/2002MotionFiled Motion to Dismiss Appeal. 02-19807
11/20/2002Notice/IncomingFiled Proof of Service. for motion to dismiss appeal. 02-19969
11/27/2002BriefFiled Opening Brief. Mailed on 11/25/02. 02-20447
11/27/2002AppendixFiled Appendix to Opening Brief. 02-20448
11/27/2002Notice/IncomingFiled Proof of Service. for Transcripts dated 12/19/02 and 12/27/02. 02-20449
11/27/2002Notice/IncomingFiled Proof of Payment of Sanction. Proof of Compliance with Order. 02-20450
11/27/2002Notice/IncomingFiled Proof of Payment of Sanction. Check no. 3806 in the amount of $500.00 payable to the Nevada Supreme Court Library. 02-20484
12/10/2002Other Other. Received returned certified mail addressed to Kendal Sue Bird containing order filed on 11/13/02. (Apparently Ms. Bird received the copy that was sent by regular mail since the sanction has been paid.)
04/01/2003Order/ProceduralFiled Order Resolving Motion or Stipulation. In light of this court's preference to decide cases on their merits and because the delay in filing the opening brief and appendix was a result of appellant's counsel's conduct and not the conduct of appellant, we deny respondent's motion to dismiss. fn1[We note that on November 13, 2002, this court sanctioned appellant's counsel for her dilatory actions in prosecuting this appeal.] Respondent shall have 20 days from the date of this order to file his answering brief. Appellant shall have 10 days from service of the answering brief to file a reply brief. On November 25, 2002, appellant Melissa Bell submitted a letter requesting this court to allow her more time to retain other counsel to represent her. The clerk shall file Ms. Bell's letter. Ms. Bell is represented by attorney Kendal Sue Bird and Ms. Bird has not filed a motion to withdraw as counsel and this court has not directed Ms. Bell to retain new counsel. We deny Ms. Bell's request. In the event Ms. Bell retains new counsel, she shall immediately direct new counsel to file a notice of appearance with this court. 03-05395
04/01/2003Other Incoming DocumentFiled Proper Person Document. Proper Person Letter requesting a Motion for Extension of Time to comply with 11/13/02 Order. 02-20269
04/10/2003Other Returned Mail. Order filed on 04/01/03 addressed to Kendal Sue Bird remailed to corrected address.
04/28/2003MotionFiled Motion to Extend Time. 03-07197
06/11/2003Order/ProceduralFiled Order Granting Motion. filed April 28, 2003. Respondent shall file and serve the answering brief by July 25, 2003. Appellant shall have 10 days from service of the answering brief to file and serve a reply, if deemed necessary. NRAP 28(c), 31(a)(2). No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 03-09719
07/29/2003MotionFiled Motion to Extend Time. 03-12763
09/11/2003BriefReceived Answering Brief. 03-15252
09/11/2003AppendixReceived Appendix to Answering Brief. 03-15253
09/23/2003Order/ProceduralFiled Order Granting Motion. filed July 29, 2003. The clerk of this court shall file the answering brief and appendix received on September 11, 2003. Appellant shall have 10 days from the date of this order to file and serve a reply brief, if deemed necessary. We remind the parties that this appeal involves child custody and is therefore subject to an expedited briefing schedule. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. 03-15865
09/23/2003BriefFiled Answering Brief. 03-15252
09/23/2003AppendixFiled Appendix to Answering Brief. 03-15253
10/13/2003Case Status Update Briefing Completed. No reply brief filed.
11/20/2003Order/ProceduralFiled Order/Show Cause. Response due from appellant: 30 days from the date of this order. 03-19331
12/24/2003MotionFiled Response to Order to Show Cause. 03-21427
03/03/2005Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal DISMISSED." NNP05-WM/MD/RP 05-04153
03/29/2005RemittiturIssued Remittitur. 05-04642
03/29/2005Case Status Update Remittitur Issued/Case Closed.
04/07/2005RemittiturFiled Remittitur. Received by County Clerk on March 31, 2005. 05-04642