| Case Information: 33585 | |||
| Short Caption: | POSTON VS. AUSTIN | Court: | Supreme Court |
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - D232009 | Classification: | Civil Appeal - Family Law - Child Custody |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | 01/22/1999 / Turner, William | SP Status: | Completed |
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | 04/12/2000 | How Submitted: | On Briefs |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 01/11/1999 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Susan Quig-Terry Ltd.--check no. 4184. | ||
| 01/11/1999 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | 99-00136 | |
| 01/22/1999 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: William C. Turner. (Briefing and preparation of transcripts suspended pending further order of this court.) | ||
| 01/25/1999 | Docketing Statement | Filed Docketing Statement. | 99-00511 | |
| 02/11/1999 | Motion | Filed Motion. Motion for Emergency Hearing. | 99-00962 | |
| 02/18/1999 | Motion | Filed 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 | |
| 03/15/1999 | Motion | Filed Response to Motion. Appellant's Opposition to Respondent's Counter-Motion to Dismiss and for Attorney's Fees and Costs. | 99-01846 | |
| 03/26/1999 | Order/Procedural | Filed 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 | |
| 03/31/1999 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | 99-02389 | |
| 04/15/1999 | Transcript Request | Filed Certificate of No Transcript Request. | 99-02961 | |
| 05/17/1999 | Notice/Outgoing | Issued Letter. Returned, unfiled with letter: the original and two copies of the Appellant's Opening Brief. | ||
| 06/01/1999 | Brief | Filed Opening Brief. Mailed on: 5/28/99. | 99-04505 | |
| 06/01/1999 | Appendix | Filed Appendix to Opening Brief. | 99-04506 | |
| 06/21/1999 | Brief | Filed Answering Brief. Mailed on: Fed-Ex 6/18/99. | 99-05375 | |
| 06/21/1999 | Appendix | Filed Appendix to Answering Brief. | 99-05376 | |
| 10/22/1999 | Notice/Incoming | Filed Notice. Notice of Firm Change of Address. | 99-10357 | |
| 04/12/2000 | Order/Procedural | Filed 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 | |
| 04/12/2000 | Case Status Update | Submitted for Decision. | ||
| 05/24/2000 | Order/Dispositional | Filed 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 | |
| 06/01/2000 | Notice/Incoming | Filed Notice. Notice of Payment ($500 sanction) | 00-09232 | |
| 06/20/2000 | Remittitur | Issued Remittitur. | 00-10361 | |
| 06/20/2000 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 07/06/2000 | Remittitur | Filed Remittitur. Received by County Clerk on June 29, 2000. | 00-10361 | |