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United States Court Cases

Nevada Supreme/Appellate Court Record

POSTON VS. AUSTIN

Case Information: 33585
Short Caption:POSTON VS. AUSTINCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D232009Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/22/1999 / Turner, WilliamSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:04/12/2000How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/11/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Susan Quig-Terry Ltd.--check no. 4184.
01/11/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 99-00136
01/22/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William C. Turner. (Briefing and preparation of transcripts suspended pending further order of this court.)
01/25/1999Docketing StatementFiled Docketing Statement. 99-00511
02/11/1999MotionFiled Motion. Motion for Emergency Hearing. 99-00962
02/18/1999MotionFiled Response to Motion. Respondent's Opposition to Appellant's Motion for Emergency Hearing; Respondent's Countermotion to Dismiss and for Attorneys' Fees and Costs. 99-01104
03/15/1999MotionFiled Response to Motion. Appellant's Opposition to Respondent's Counter-Motion to Dismiss and for Attorney's Fees and Costs. 99-01846
03/26/1999Order/ProceduralFiled Order/Motion Granted in Part. We vacate the notice of settlement conference issued on January 22, 1999. Appellant shall, within 10 days from the date of this order, file a transcript request form or certificate of no transcript request. Appellant shall within 60 days from the date of this order, file and serve the opening brief and appendix. Respondent shall, within 20 days after service of the opening brief, file and serve the answering brief. Appellant shall, within 10 days after service of the answering brief, file and serve the reply brief. NRAP 31(a)(2). On February 18, 1999, respondent filed a countermotion to dismiss this appeal and for attorney fees and costs. We deny respondent's countermotion. 99-02227
03/31/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-02389
04/15/1999Transcript RequestFiled Certificate of No Transcript Request. 99-02961
05/17/1999Notice/OutgoingIssued Letter. Returned, unfiled with letter: the original and two copies of the Appellant's Opening Brief.
06/01/1999BriefFiled Opening Brief. Mailed on: 5/28/99. 99-04505
06/01/1999AppendixFiled Appendix to Opening Brief. 99-04506
06/21/1999BriefFiled Answering Brief. Mailed on: Fed-Ex 6/18/99. 99-05375
06/21/1999AppendixFiled Appendix to Answering Brief. 99-05376
10/22/1999Notice/IncomingFiled Notice. Notice of Firm Change of Address. 99-10357
04/12/2000Order/ProceduralFiled Order. Oral argument will not be scheduled and this matter shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the papers filed herein. 00-05889
04/12/2000Case Status Update Submitted for Decision.
05/24/2000Order/DispositionalFiled Order Dismissing Appeal. In this case, after a careful review of Ody's entire opening brief, we conclude that Ody's attorney, Susan l. Quig-Terry failed to provide a single citation to the record on appeal. Moreover, Quig-Terry is in violation of other provisions of NRAP 28. Based on these procedural derelictions, we conclude that sanctions are warranted in this case. We hereby sanction Quig-Terry personally. Quig-Terry shall pay to the Supreme Court Law Library the sum of $500.00, and shall file proof of such payment with the clerk of this court within 15 days from the date of this order. We conclude that Ody's arguments on appeal completely lack merit, thereby constitution a frivolous appeal and a misuse of the appellate processes of this court. Pursuant to NRAP 38 and NRS 125A.190(2), we hereby order Ody to pay Editha $1000.00 in order to help defray attorney's fees that Editha has incurred during this appeal. Ody shall file proof of such payment with the clerk of this court within 60 days from the date of this order. "ORDER this appeal dismissed and impose sanctions and attorney fees as stated herein." NNP99B-CY/DA/ML 00-08723
06/01/2000Notice/IncomingFiled Notice. Notice of Payment ($500 sanction) 00-09232
06/20/2000RemittiturIssued Remittitur. 00-10361
06/20/2000Case Status Update Remittitur Issued/Case Closed.
07/06/2000RemittiturFiled Remittitur. Received by County Clerk on June 29, 2000. 00-10361