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United States Court Cases

Nevada Supreme/Appellate Court Record

FRUEHAUF VS. FRUEHAUF

Case Information: 36356
Short Caption:FRUEHAUF VS. FRUEHAUFCourt:Supreme Court
Related Case(s): 49921
Lower Court Case(s):Clark Co. - Eighth Judicial District - D230330Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:07/10/2000 / Robinson, DavidSP Status:Completed
Oral Argument:09/18/2002 at 8:30 AMOral Argument Location:Las Vegas Office
Submission Date:09/18/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/29/2000Filing Fee Filing Fee due.
06/29/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-11081
06/29/2000Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
07/10/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: David K. Robinson. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
07/10/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from David Fruehauf-check no. 0507.
07/14/2000Settlement Program ReportFiled Interim Settlement Program Report. Respondent Alicia Fruehauf no longer has an attorney and is now tentatively representing herself. Setttlement conference has temporarily been placed on hold. 00-12188
07/27/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from David Fruehauf (Travelers Express Money Order No. 95314903486).
09/27/2000Order/ProceduralFiled Order. On August 7, 2000, we received a letter from the settlement judge enclosing a copy of a letter from respondent's counsel, Theodore J. Manos of the law firm of Manos & Michaelides, stating that respondent has "chosen to no longer avail herself of [Manos'] services. The clerk of this court shall forthwith remove the law firm of Manos & Michaelides from the court's docket as counsel of record for respondent. Respondent shall have 60 days from the date of this order to obtain counsel and cause counsel to file a notice of appearance with the clerk of this court. If respondent does not intend to obtain counsel she shall so inform this court in writing within 60 days from the date of this order. Respondent's counsel, if obtained, will be expected to participate in the settlement conference process to which this appeal is assigned. 00-17059
11/09/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. 00-19757
11/16/2000Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: November 6, 2000. 00-20080
11/17/2000Notice/Outgoing Letter. David K. Robinson.
11/20/2000Notice/IncomingFiled Notice of Appearance. Representing respondent: Bruce I. Shapiro. 00-20349
11/22/2000Notice/Outgoing Letter. David K. Robinson.
02/05/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-02317
02/05/2001Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
02/14/2001Order/ProceduralFiled Order/Briefing Schedule. The parties were unable to agree to a settlement of this matter. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of this appeal. Appellant: 15 days to comply with NRAP 9(a). Child custody matter: 90 days to file and serve opening brief and appendix. Respondent: 20 days after service of the opening brief to file and serve the answering brief. Appellant: 10 days after service of the answering brief to file and serve the reply brief. NRAP 31(a)(2). 01-02960
02/26/2001Docketing StatementFiled Docketing Statement. 01-03584
03/12/2001Docketing StatementFiled Docketing Statement. 01-04432
04/18/2001Order/ProceduralFiled Order. To date, appellants have failed to file either a transcript request form or certificate that no transcripts are requested. Appellant shall, within 10 days of the date of this order, file and serve the required document. Failure to comply timely with this order may result in the imposition of sanctions against counsel. 01-06623
05/02/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: April 24, 2000. To Court Reporter: Deborah Casper. 01-07358
05/07/2001Notice/IncomingFiled Notice. Notice of Additional Transcripts Needed on Appeal. Respondent Alicia Fruehauf, by and through her attorney, Bruce I. Shapiro hereby gives her notice to Appellant of the additional portions of the transcripts needed in this appeal. 01-07637
06/08/2001TranscriptFiled Transcript. Proceedings: April 24, 2000. Court Reporter: Deborah S. Casper. 01-09611
06/15/2001Order/ProceduralFiled Order. To date appellant has failed to file the opening brief and appendix. Appellant shall, within 15 days of the date of this order, file and serve the opening brief and appendix. Failure to comply timely with this order may result in the dismissal of this appeal as abandoned. Respondent shall within 20 days of service of the opening brief, file and serve the answering brief. Appellant may file a reply brief within 10 days of service of the answering brief . 01-10051
07/05/2001BriefFiled Opening Brief. Mailed on: 07/02/01. 01-11283
07/05/2001AppendixFiled Appendix to Opening Brief. 01-11284
07/11/2001Order/ProceduralFiled Order. To date, appellant has not filed a supplemental transcript request form. Appellant shall have 10 days from the date of this order to file a supplemental transcript request form requesting the preparation of the transcripts desired by respondent and to pay any additional deposit required. 01-11680
07/16/2001MotionFiled Motion to Extend Time. Motion for Extension of Time to File Answering Brief, and for Attorneys Fees and Sanctions. 01-12030
07/18/2001MotionFiled Motion. Motion to Limit Transcript of District Court Proceedings. 01-12239
07/27/2001MotionFiled Response to Motion. Opposition to Motion for Extension of Time and for Attorney Fees and Sanctions and Counter-Motion for Limiting the Record, for Attorney Fees and Sanctions and Related Relief. 01-12739
07/30/2001MotionFiled Response to Motion. Opposition to Appellant's Motion to Limit Transcript of District Court Proceedings. 01-12846
08/01/2001Notice/IncomingFiled Errata. (Motion to Limit Transcript of District Court Proceedings). 01-13004
08/01/2001Notice/IncomingFiled Errata. (Appellant's Appendix). 01-13006
08/06/2001TranscriptFiled Transcript. Proceedings: April 24, 2001. Court Reporter: Deborah S. Casper. 01-13281
08/08/2001AppendixReceived Appendix. Supplement Appendix - Transcript of April 24, 2000. 01-13403
10/05/2001TranscriptFiled Transcript. Partial Transcript of Proceedings: April 24, 2000. Court Reporter: Debbie Casper. 01-16796
11/07/2001Notice/IncomingFiled Errata. To Appellant's Opening Brief. 01-18618
01/11/2002Order/ProceduralFiled Order. Order Resolving Motions. In his motion filed on July 18, 2001, and counter-motion filed on July 27, 2001, appellant requests this court to limit the transcripts that will be reviewed on appeal to the transcripts for proceedings conducted on April 24, 2000. Respondent filed an opposition. We conclude that the transcripts for the August 3, 2000, and August 16, 2000, hearings can properly be included in the record on appeal. We deny appellant's motions to limit the record on appeal. Appellant shall have 10 days from the date of this order to file a supplemental transcript request form requesting the preparation of the transcripts for the August 3, 2000, and August 16, 2000, hearings and pay any additional deposit required. Partial transcripts of the April 24, 2000, hearing were filed with this court on June 8, 2001; August 6, 2001; and October 5, 2001. Although it appears that, when combined, the partial transcripts constitute a complete transcription of the April 24, 2000, hearing, the transcripts as submitted are unwieldy. We direct court recorder Deborah S. Casper to compile the partial transcripts into a single complete transcript and file that transcript with this court within 30 days from the date of this order. Our review of the appendix filed on July 5, 2001, and the supplemental appendix received on August 8, 2001, fn1[The clerk of this court shall file the supplemental appendix received on August 8, 2001.]indicates that the appendix is procedurally deficient. Appellant shall file and serve a supplemental appendix that includes all of the documents required under NRAP 30(b)(2) within 15 days from the date of this order. Both parties have requested that this court impose sanctions against the other party and award attorney fees. We conclude that the imposition of sanctions against either party is not warranted at this time and we deny the motions. Respondent requests an extension of 20 days after receipt of the additional transcripts to file the answering brief. We grant the motion. Respondent shall have 60 days from the date of this order to file and serve the answering brief. Thereafter, appellant may file a reply brief, if deemed necessary, within 10 days from service of the answering brief. NRAP 31(a)(2). Clerk1 02-00790
01/11/2002AppendixFiled Appendix. Appellant's Supplemental Appendix. 01-13403
01/30/2002AppendixFiled Appendix. Appellant's Supplemental Appendix. 02-01974
02/15/2002TranscriptFiled Transcript. Proceedings: 4/24/00, 8/3/00, 8/16/00. Court Reporter: Alice Eastgate. 02-03061
03/26/2002Order/ProceduralFiled Order. To date, appellant has failed to file the supplemental transcript request form requesting the preparation of transcripts for hearings conducted on August 3, 2000, and August 16, 2000. The necessary transcripts were filed with this court on February 15, 2002. In the interest of judicial efficiency, we waive that portion of our January 11, 2002, order directing appellant to file a supplemental transcript request form. We admonish appellant's counsel for failing to comply with orders of this court and caution him that future failure to comply with orders of this court may result in the imposition of sanctions. 02-05353
04/01/2002Order/ProceduralFiled Order. To date, respondent has failed to file the answering brief. Respondent shall, within 15 days of the date of this order, file and serve the answering brief. We caution respondent that failure to comply timely with this order may result in the impostion of sanctions against respondent's counsel. Appellant may file a reply brief, if deemed necessary, within 10 days of service of the answering brief. 02-05772
04/04/2002Letter/IncomingFiled Letter. --copy of letter from Bob Reeve to Bruce Shapiro regarding his failure to file the answering brief. 02-06008
04/09/2002Notice/IncomingFiled Notice. Notice of Submitted Request for and Receipt of Transcript of Proceedings. 02-06246
04/19/2002BriefFiled Answering Brief. Mailed on: 4/16/02. Signed by Bruce I. Shapiro. 02-07005
04/19/2002AppendixFiled Appendix to Answering Brief. 02-07006
04/29/2002BriefFiled Reply Brief. Mailed on: 04/26/02. Signed by: Bob Reeve. 02-07502
05/06/2002MotionFiled Motion. Motion for Leave of Court to Supplement Respondent's Appendix. 02-07909
05/10/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed May 6, 2002. The clerk of this court shall file "Respondent's Supplemental Appendix" received on May 6, 2002. 02-08216
05/10/2002AppendixFiled Appendix. Respondent's Supplemental Appendix. 02-07910
05/10/2002Notice/IncomingFiled Proof of Service. Receipt of Copy for the Opening Brief, Appendix and Docketing Statement to the Attorney General's Office. 02-08258
05/10/2002Notice/IncomingFiled Proof of Service. Receipt of Copy for the Appellant's Reply Brief to the Attorney General's Office. 02-08259
06/24/2002MotionFiled Motion for Stay. Motion for Stay Pending Appeal Under NRAP 8(a). 02-10914
07/11/2002MotionFiled Response to Motion. Opposition to Appellant's Motion for Stay pending Appeal. 02-11915
07/25/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 18, 2002, at 8:30 a.m. (SNP03-MS/ML/NB)
08/01/2002Order/ProceduralFiled Order Denying Motion. On June 24, 2002, appellant filed a "Motion for Stay Pending Appeal Under NRAP 8(a)." Respondent opposes the motion and requests the imposition of sanctions. We conclude that the imposition of stay is not warranted at this time. We deny appellant's motion. We conclude that the imposition of sanctions at this time is not warranted and we deny respondent's request for sanctions. 02-13186
08/21/2002MotionFiled Motion. Motion to Supplement Appellant's Appendix under NRAP 30. 02-14302
08/21/2002MotionFiled Motion. (Motion to reconsider this court's order filed 8/1/02). 02-14341
09/03/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
09/04/2002Order/ProceduralFiled Order Denying Motion. On August 1, 2002, this court entered an order denying appellant's June 24, 2002, motion for a stay. On August 21, 2002, appellant filed a 'Petition for Rehearing Under N.R.A.P. 40.' We elect to treat the motion for rehearing as a motion for reconsideration pursuant to NRAP 27(b). No good cause appearing, we deny the motion. On August 21, 2002, appellant also filed a motion to file a second appellant's supplemental appendix. Because this court is limited in its review to those documents considered by the district court when making the decision appealed from, we deny appellant's motion to file a second supplemental appendix. The clerk of this court shall return, unfiled, 'Appellant's Supplemental II Appendix' received on August 21, 2002. 02-15231
09/04/2002Notice/OutgoingIssued Letter. to attorney Bob Reeve. Returned unfiled, the original Appellant's Supplemental II Appendix received on August 21, 2002.
09/18/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP03-MS/ML/NB
11/21/2002Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part and Reversing in Part. "We REVERSE the change of custody, AFFIRM the visitation modification, an do not consider the TPO." SNP03-MS/ML/NB 02-20046
12/17/2002RemittiturIssued Remittitur. 02-20453
12/17/2002Case Status Update Remittitur Issued/Case Closed.
12/30/2002RemittiturFiled Remittitur. Received by County Clerk on December 19, 2002. 02-20453