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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 32240
Short Caption:SHUMNY VS. SHUMNYCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D128862Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/29/1998 / Hoppe, CraigSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/13/2001How Submitted:On Briefs

+ Party Information

Docket Entries
04/27/1998Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Cark E. Lovell, Jr. -- Check No. 2545
04/27/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. Docketing Statement mailed to counsel for appellant.
06/11/1998Docketing StatementFiled Docketing Statement.
06/19/1998Other Other. Received proper person response to Appellant's Statement of One Issue on Appeal as Set Forth in Docketing Statement.
08/13/1998Order/ProceduralFiled Order. On June 19, 1998, respondent submitted a proper person response to the docketing statement filed by appellant. Fn1[Respondent has not been granted leave to file papers in proper person. We have received and considered repondent's submission.] Appellant shall, within 15 days from the date of this order, file and serve an opening brief if she intends to raise the issue of child custody in this appeal. Otherwise, appellant shall, within 45 days from the date of this order, file and serve the opening brief and appendix. Respondent shall, within 30 days of the date of this order, retain counsel and cause counsel to file a notice of appearance with this court. Retained counsel shall have 30 days from the filing of the opening brief to file and serve an answering brief. Should respondent fail to retain counsel and cause counsel to file a notice of appearance in a timely manner, this matter shall stand submitted for decision based upon the documents filed herein at the time the opening brief is filed.
09/10/1998Notice/IncomingFiled Notice of Appearance. McDonald Carano firm appears as attorneys for respondent Daniel Lew Shumny.
09/22/1998MotionFiled Motion. Appoint Settlement Judge.
10/13/1998MotionFiled Motion. To Suspend Briefing Pending Decision on Motion for Appointment of Settlement Judge.
10/13/1998MotionFiled Response to Motion. Notice of Non Opposition to Motion for Appointment of Settlement Judge.
10/16/1998Order/ProceduralFiled Order. We hereby assign this appeal to Settlement Judge Craig Hoppe for a settlement conference. The clerk shall issue a notice of settlement conference to the parties. Because we have assigned this appeal to the settlement conference program, we elect to vacate that portion of our August 13, 1998, order setting forth a briefing schedule. Briefing is suspended in this matter pending the settlement conference and further order of this court.
10/29/1998Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Craig A. Hoppe . (Briefing and preparation of transcripts suspended pending further order of this court.)
04/02/1999Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. The parties continue to negotiate.
06/17/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.
07/09/1999Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Appellant: 15 days to file a transcript request form or certificate of no transcript request. Opening brief due: 90 days. Answering brief due: 20 days thereafter. Reply brief due: 10 days thereafter.
07/26/1999MotionFiled Motion. Respondent Daniel Lew Shumny's Motion for Sanctions pursuant to NRAP 16.
09/13/1999Order/ProceduralFiled Order Denying Motion. On July 26, 1999, respondent filed a motion requesting this court to sanction appellant Pamela Shumny. Respondent's motion is denied.
10/28/1999Order/ProceduralFiled Order. Appellant shall, within 15 days of the date of this order, file and serve the opening brief and appendix or show cause why this appeal should not be dismissed as abandoned. Respondent shall, within 20 days of service of the opening brief, file and serve the answering brief. Thereafter, briefing shalkl proceed in accordance with NRAP 31(a)(2).
12/01/1999MotionFiled Motion. Motion to Dismiss Appeal.
12/02/1999Other Other. Filed affidavit of Good Cause re: Late Filing of Appellant's Opening Brief.
12/02/1999BriefReceived Opening Brief. Mailed on: USPS Express Mail - 12/01/99. RETURNED UNFILED 5/5/00.
12/08/1999MotionFiled Motion. Respondent's Motion to Strike Appellant's Opening Brief.
12/23/1999Other Other. Filed Appellant's Opposition to Respondent's Motion to Strike Appellant's Opening Brief.
02/07/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: Proceedings of 9/22/97 & 101/6/97 Court Reporter: unknown.
02/07/2000Other Other. Received Supplement to Opposition to Motion to Dismiss Appeal (Filed 5/5/00).
02/07/2000Other Other. Returned unfiled appendix to Appellant's Opening Brief.
02/10/2000AppendixReceived Appendix. RETURNED UNFILED 5/5/00.
05/05/2000Order/ProceduralFiled Order. We grant respondent's motion to strike the brief and direct the clerk of this court to return, unfiled, the opening brief provisionally received on December 2, 1999, and the appendix provisionally received on February 10, 2000. Fn1[On February 7, 2000, attorney Lovell filed a document entitled "request for transcripts." However the document fails to contain any of the vital information required pursuant to NRAP 9. We direct the clerk of the court to forthwith strike the document.] fn2[Despite the untimeliness of the supplement and counsel's failure to seek leave to file the document, we direct the clerk of the court to file the supplement provisionally received on February 7, 2000.] In light of our preference to resolve cases on their merits and our reluctance to punish a party for the shortcomings of counsel, we deny the motion to dismiss. Attorney Lovell shall, within 15 days of the date of this order, personally pay the sum of $250 to respondent to help defray the costs associated with filing the current motions. Fn3[Counsel shall, within 20 days of the date of this order provide the clerk of this court with proof of payment.] Appellant shall, within 15 days of the date of this order, file and serve either a transcript request form or a certificate of no transcript and 30 days file and serve and file an opnening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a) (1). We caution attorney Lovell that failure to comply with this order in a timely manner may result in the dismissal of this appeal or the imposition of additional sanctions. (Order mailed to attorney Lovell by regular and certified mail.)
05/05/2000Other Other. Request for Transcript filed February 7, 2000 - STRICKEN. Returned unfiled with letter to attorney Lovell: original and two copies of Appellant's Opening Brief received December 2, 1999 and the original and one copy of appendix to Appellant's Opening Brief received February 10, 2000.
05/05/2000Other Other. Filed Supplement to Opposition to Motion to Dismiss Appeal.
05/08/2000Other Other. Returned, unfiled, transcripts submitted by attorney Carl E. Lovell, Jr. (per AH).
05/18/2000Notice/IncomingFiled Notice. Compliance with Court Order (payment of $250.00 sanction).
05/18/2000Notice/IncomingFiled Notice. Compliance Regarding Transcripts.
05/18/2000BriefFiled Opening Brief. Mailed on: 5/17/00.
05/18/2000AppendixFiled Appendix to Opening Brief.
05/19/2000TranscriptFiled Transcript. Proceedings: September 22, 1997 and October 6, 1997. Court Reporter: Deborah S. Casper.
06/12/2000Order/ProceduralFiled Order. On May 18, 2000, appellant filed a "Notice of Compliance Regarding Transcripts." We note that appellant's Notice and attached exhibit fail to comply with the requirements of NRAP 9(a). Nevertheless, in the interest of judicial efficiency we deem appellant to have satisfied the requirements of NRAP 9(a). On May 19, 2000, court reporter Deborah S. Casper filed certified copies of transcripts for September 22, 1997, and October 6, 1997. Unless appellant informs this court otherwise in writing, within 10 days of the date of this order, we deem all required transcripts to have been filed in this appeal.
06/19/2000BriefFiled Answering Brief. Mailed on: Fed Ex 6/16/00. 00-10404
06/19/2000Notice/OutgoingIssued Notice of Deficient Appendix. Returned unfiled Respondent Appendix. Corrected appendix due: 10 days.
06/26/2000AppendixFiled Appendix to Answering Brief. 00-10901
07/25/2000BriefFiled Reply Brief. Mailed on: Fed Ex 7/24/00. 00-12868
03/13/2001Order/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. 01-04497
03/13/2001Case Status Update Submitted for Decision. Southern Nevada Panel. SNP01A-CY/ML/NB
04/23/2001Order/DispositionalFiled Order of Affirmance. "ORDER the district court order AFFIRMED." SNP01A-CY/ML/NB 01-06811
05/21/2001RemittiturIssued Remittitur. 01-06896
05/21/2001Case Status Update Remittitur Issued/Case Closed.
06/21/2001RemittiturFiled Remittitur. Received by County Clerk on May 29, 2001. 01-06896