| Case Information: 39273 | |||
| Short Caption: | RODRIGUEZ VS. EDDOWES | Court: | Supreme Court |
| Related Case(s): | 37948 , 39726 , 39786 , 39905 , 42991 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - D241955 | Classification: | Civil Appeal - Family Law - Proper Person |
| Disqualifications: | Case Status: | Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | 04/12/2002 | How Submitted: | On Record |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 03/04/2002 | Filing Fee | Filing Fee Waived. | ||
| 03/04/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | 02-03901 | |
| 03/08/2002 | Order/Procedural | Filed Order. This appeal was docketed in this court on March 4, 2002. The filing fee was waived upon docketing of this appeal because it appeared that appellant had been granted in forma pauperis status by the district court. Further review of the district court records indicates that this conclusion was in error and that the district court denied appellant's motion to proceed in forma pauperis on appeal on February 14, 2002. Accordingly, the clerk of this court shall modify this court's docket to indicate that appellant is not proceeding in forma pauperis on appeal. Appellant shall submit the $200.00 filing fee to the clerk of this court within 10 days from the date of this order. | 02-04281 | |
| 03/08/2002 | Filing Fee | Filing Fee due. 10 days from the date of this order. | ||
| 03/12/2002 | Order/Procedural | Filed Order/Transmit Record and Directing Response. Original record due: 30 days. fn3[The record shall not include any exhibits filed in the district court.] | 02-04468 | |
| 04/10/2002 | Order/Procedural | Filed Order Denying Motion. Denying Motion for Leave to Proceed in Forma Pauperis. fn1[Although appellant was not granted leave to file papers in proper person, see NRAP 46(b), we have considered the proper person documents received from him.] The district court found that appellant was willfully unemployed and underemployed, and so was not entitled to a waiver of fees and costs. We conclude that the district court was in a better position to consider the facts of the case, and so deny appellant's motion. Appellant shall pay the filing fee required by NRS 2.250(1)(a) within ten days of the date of this order. Failure to pay the fee may result in the dismissal of this appeal as abandoned. | 02-06393 | |
| 04/12/2002 | Record on Appeal Documents | Filed Record on Appeal. Vols. 1 through 15. | 02-06574 | |
| 04/12/2002 | Case Status Update | Submitted for Decision. | ||
| 04/18/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Charles Rodriguez--USPS Postal Money Order No. 03709693067. | ||
| 11/06/2003 | Order/Dispositional | Filed Order of Affirmance. Order of Affirmance (Docket No. 39273) and Dismissing Petition for Writ of Mandamus (Docket No. 39786). Docket No. 39273 is a proper persona appeal from a final divorce decree. Docket No. 39786 is an original proper person petition for a writ of mandamus. Having concluded that the district court did not abuse its discretion concerning the divorce decree, ' . . . we affirm the district court's order in Docket No. 39273.' This court's duty is to decide actual controversies, not to give opinions on moot questions. Accordingly, we dismiss this petition as moot. fn13[We have considered all other contentions raised by Rodriguez, and conclude that they lack merit. Although Rodriguez was not granted leave to file papers in proper person, see NRAP 46(b), we have considered the proper person documents received from him. We note that Rodriguez's failure to pay the filing fee in Docket No. 39786, constitutes an additional basis for denying the writ petition. NRAP 21(e).] NNP04S-NB/MS/MG. Nos. 39273/39786 – cases are not consolidated. | 03-18503 | |
| 11/26/2003 | Filing Fee | Received Filing Fee Paid on Filing. $150 from Kay Rodriguez-check no. 4340. | ||
| 12/09/2003 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." fn1[ NRAP 40(c). We direct the clerk of this court to file the rehearing petition, provisionally received on November 26, 2003. See NRAP 46(b).] NNP04S-NB/MS/MG. Nos. 39273/39786 - cases are not consolidated. | 03-20437 | |
| 12/09/2003 | Post-Judgment Petition | Filed Proper Person Petition for Rehearing. Petition for Rehearing concerning Supreme Court's Order of Affirmance (docket no. 39273) and Dismissing Petition for Writ of Mandamus (docket no. 39786). | 03-19804 | |
| 01/06/2004 | Remittitur | Issued Remittitur. | 04-00001 | |
| 01/06/2004 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 01/21/2004 | Remittitur | Filed Remittitur. Received by County Clerk on January 8, 2004. | 04-00001 | |
| 01/26/2004 | Post-Judgment Order | Filed Order Denying En Banc Reconsideration. fn1[NRAP 40A(a).] We have reviewed appellant/petitioner's submissions, and we conclude that en banc reconsideration is not warranted. Accordingly, we "ORDER the petition DENIED." fn2[Although appellant/petitioner was not granted leave to file papers in proper person, see NRAP 46(b), we have considered the proper person documents received from him, and we deny as moot the relief requested therein. As the Honorable Myron E. Leavitt, Justice died in office on January 9, 2004, this matter was decided by a six-justice court.] EN BANC. Nos. 39273/39786 - cases are not consolidated. | 04-01490 | |
| 01/28/2004 | Remittitur | Issued Return Letter. Returned Record on Appeal, Vols. 1 through 15 this day. | 04-00001 | |
| 02/27/2004 | Remittitur | Filed Letter: Entered Receipt for Documents. Received by County Clerk on February 9, 2004. | 04-00001 | |
| 03/03/2004 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed February 24, 2004 and placed on the docket as Case No. 03-8998. | 04-03996 | |
| 04/12/2004 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed April 2, 2004 and placed on the docket as Case No. 03-9705. | 04-06685 | |
| 05/04/2004 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. | 04-08135 | |
| 06/14/2004 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. | 04-10890 | |