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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 38221
Short Caption:IN RE: PARENTAL RIGHTS AS TO REETERCourt:Supreme Court
Related Case(s): 37609
Lower Court Case(s):Clark Co. - Eighth Judicial District - D253605Classification:Civil Appeal - Family Law - Parental Termination
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:07/12/2002How Submitted:On Briefs

+ Party Information

Docket Entries
07/23/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Paul M. Gaudet--check no. 4213.
07/23/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 01-12479
08/08/2001Docketing StatementFiled Docketing Statement. 01-13380
12/06/2001Other Other. Received Appellants Amended Appendix Index. 01-20482
12/06/2001MotionFiled Motion to Extend Time. 01-20483
12/31/2001Order/ProceduralFiled Order Granting Motion. filed December 6, 2001. We note that to date appellant has not filed a transcript request form with this court. We admonish appellant's counsel for not complying with the Nevada Rules of Appellate Procedure. Any future violations may result in the imposition of sanctions against appellant's counsel. Because it appears that all necessary transcripts have been submitted in the appendix, we waive the requirements of NRAP 9. The clerk of this court shall file the opening brief and appendix received on December 5, 2001, and the amended appendix index received on December 6, 2001. Respondent shall have 20 days from the date of this order to file and serve the answering brief. NRAP 31(a)(2). 01-21891
12/31/2001BriefFiled Opening Brief. Mailed on: FedEx 12/04/01. 01-20353
12/31/2001AppendixFiled Appendix to Opening Brief. Volumes 1 through 3. 01-20354
12/31/2001Other Other. Filed Appellants Amended Appendix Index. Inserted in appendix, Volume 1. 01-20482
12/31/2001MotionFiled Stipulation. 01-21934
01/04/2002Order/ProceduralFiled Order Granting Motion. On December 31, 2001, the parties filed a stipulation extending the time for respondent to file the answering brief. Appeals involving the termination of parental rights are subject to the expedited briefing schedule set forth in NRAP 31(a)(2). We disapprove the parties' stipulation. In the interest of judicial efficiency we treat and grant the parties' stipulation as a joint motion for an extension of time. Respondent shall file and serve the answering brief by January 29, 2002. No further extensions of time in the briefing schedule shall be permitted absent unforeseeable circumstances. 02-00192
01/31/2002BriefFiled Answering Brief. Mailed on: 01/29/02. Signed by: Jermoe A. DePalma. 02-02076
01/31/2002AppendixFiled Appendix to Answering Brief. Respondent's Supplemental Appendix. 02-02077
03/11/2002Case Status Update Briefing Completed. No reply brief filed.
06/11/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on July 10, 2002, at 9:00 a.m. (NNP02-MS/RR/NB)
06/26/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
07/08/2002MotionFiled Motion. Joint Motion for Postponement of Oral Argument. 02-11564
07/09/2002Order/ProceduralFiled Order Vacating Argument and Setting for Submission. The parties have filed a joint motion to postpone the oral argument scheduled for July 10, 2002, at 9:00 a.m. Cause appearing, we grant the motion and vacate the oral argument of this matter pending further order of this court. 02-11626
07/12/2002Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Panel as of the date of this order on the briefs filed herein. 02-12011
07/12/2002Case Status Update Submitted for Decision.
09/18/2002Opinion/DispositionalFiled Per Curiam Opinion. "Reversed." Before Shearing, Rose and Becker, JJ. Per Curiam. 118 Nev. Adv. Opn. No. 63. NNP02 02-16226
09/30/2002Notice/IncomingFiled Notice. for appellant. 02-16818
10/03/2002Filing FeeReceived Filing Fee Paid on Filing. $100 from Jerome DePalma--Professional Office Management Systems, Inc.--check no. 9490.
10/03/2002Post-Judgment PetitionFiled Petition for Rehearing. 02-17101
10/31/2002Order/ProceduralFiled Order Denying Motion. On September 18, 2002, this court entered an opinion in this appeal. On September 30, 2002, counsel for appellant, attorney Paul M. Gaudet, filed a "Notice of Withdrawal as Attorney of Record." On October 3, 2002, respondent filed a petition for rehearing. That petition is currently pending before this court. We deny Mr. Gaudet's motion to withdraw. That denial is without prejudice to Mr. Gaudet filing a notice of withdrawal once the conditions set forth in SCR 46(2) have been met. 02-18728
10/31/2002Post-Judgment OrderFiled Order/Rehearing Denied. "We deny rehearing." NRAP 40(c). NNP02-MS/RR/NB 02-18751
11/08/2002Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Mailed on: November 7, 2002. 02-19280
11/08/2002MotionFiled Motion. 02-19301
11/26/2002RemittiturIssued Remittitur. 02-18871
11/26/2002Case Status Update Remittitur Issued/Case Closed.
12/20/2002RemittiturFiled Remittitur. Received by County Clerk on December 3, 2002. 02-18871
12/31/2002Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Order Denying En Banc Reconsideration and Directing Publication of Order Denying Rehearing. Having considered the petition on file herein, " . . . we have concluded that en banc reconsideration is not warranted." NRAP 40A. Further, we direct the clerk of this court to publish the panel's order denying rehearing, which was filed on October 31, 2002, in the Nevada Reports. EN BANC. 02-22241
03/03/2003Order/ProceduralFiled Order Granting Motion. On November 8, 2002, attorney Paul M. Gaudet filed a motion to withdraw a counsel of record for appellant. On November 26, 2002, the clerk issued the remittitur in this appeal and this court's jurisdiction over this case ended. We grant Mr. Gaudet's motion to withdraw. 03-03427