| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 10/27/2003 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Neil J. Beller, Ltd.--check no. 11507. | | |
| 10/27/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) | | 03-17929
|
| 11/03/2003 | Notice/Outgoing | Issued Notice to Transmit Required Document. Judgment filed 7/11/03 and notice of entry filed 7/10/03. Due Date: 10 days | | |
| 11/05/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 11/07/2003 | Filing Fee | Filing Fee due. (cross-appeal) | | |
| 11/07/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) | | 03-18688
|
| 11/07/2003 | Notice/Outgoing | Issued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired. | | |
| 11/10/2003 | Notice/Outgoing | Letter. Lansford W. Levitt. (Notice of Cross-Appeal) | | |
| 11/12/2003 | Docketing Statement | Filed Docketing Statement. Respondent/Cross-Appellant. | | 03-18886
|
| 11/17/2003 | Notice/Outgoing | Letter. Lansford W. Levitt. (Docketing statement of Respondent/Cross-Appellant) | | |
| 11/19/2003 | Notice of Appeal Documents | Filed District Court Order/Judgment. Certified copy of order/judgment of conviction filed in district court on July 11, 2003. | | 03-19296
|
| 11/19/2003 | Notice of Appeal Documents | Filed Notice of Entry of Judgment or Order. Filed in district court on: July 17, 2003. | | 03-19297
|
| 11/21/2003 | Notice/Outgoing | Letter. Lansford W. Levitt. (district court order filed 7/11/03) | | |
| 12/16/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 03-20879
|
| 12/17/2003 | Order/Procedural | Filed Order. to file Docketing Statement. To date, appellant/cross-respondent ("appellant") has failed to file the docketing statement. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement. Failure to comply timely may result in the imposition of sanctions, including dismissal of the appeal in this case as abandoned. NRAP 14(c). | | 03-20972
|
| 12/23/2003 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. Order Reinstating Briefing and Directing Appellant/Cross-Respondent to Pay Filing Fee. The parties were unable to agree to a settlement. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. Appellant/cross-respondent ('appellant') and respondent/cross-appellant ('respondent') shall each have 15 days from the date of this order to comply with NRAP 9(a). Because this is a child custody matter, appellant shall have 90 days from the date of this order to file and serve the opening brief and appendix on appeal. Respondent shall have 20 days from service of appellant's opening brief to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant shall have 20 days from service of respondent's combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Finally, respondent shall have 10 days from service of appellant's combined brief to file and serve a reply brief on cross-appeal, if deemed necessary. Appellant filed her notice of cross-appeal in the district court on November 3, 2003. fn1[Although appellant filed a notice of cross-appeal, she was designated as the appellant pursuant to NRAP 28(h).] Appellant did not, however, submit the filing fee. See NRAP 3(f). Accordingly, appellant shall pay the filing to the clerk of this court within 10 days from the date of this order. We caution appellant that failure to pay the filing fee may result in dismissal of her appeal. | | 03-21403
|
| 12/31/2003 | Docketing Statement | Filed Docketing Statement. Appellant/Cross-Respondent. | | 03-21716
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| 01/07/2004 | Notice/Outgoing | Letter. Lansford W. Levitt. (docketing statement of appellant/cross-respondent) | | |
| 01/07/2004 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Alan R. Johns--check no. 3634. | | |
| 01/15/2004 | Order/Procedural | Filed Order/Briefing Schedule. Amending Briefing Schedule. On December 23, 2003, this court entered an order reinstating briefing after the settlement judge had filed a report indicating that the parties were unable to agree to a settlement of this matter. In that order, we set forth an expedited briefing schedule pursuant to NRAP 31(a)(2) because it appeared that this appeal and cross-appeal involved child custody issues. Upon review of the parties' docketing statements, it appears that child custody issues are not involved in either the appeal or cross-appeal. Accordingly, we amend the briefing schedule. Appellant shall file and serve the opening brief and appendix by April 21, 2004. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). As of the date of this order neither party has filed a transcript request form or a certificate indicating that no transcripts will be requested. Accordingly, both parties shall comply with NRAP 9 within 10 days from the date of this order. | | 04-00868
|
| 01/29/2004 | Transcript Request | Filed Certificate of No Transcript Request. Appellant/ Cross-Respondent. | | 04-01894
|
| 02/17/2004 | Motion | Filed Motion. Motion to Modify Order Amending Briefing Schedule. | | 04-03016
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| 03/01/2004 | Motion | Filed Motion for Stay. Appellant's Motion for Stay of Enforcement of Order re: Spousal Support. | | 04-03809
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| 03/18/2004 | Notice/Incoming | Filed Substitution of Attorneys. Gayle Nathan in place and stead of Neil Beller as counsel for respondent/cross-appellant Gary Rutherford. | | 04-05203
|
| 03/25/2004 | Notice/Incoming | Filed Proof of Service. Certificate of Mailing & Facsimile. | | 04-05630
|
| 04/19/2004 | Motion | Filed Motion to Extend Time. Motion for Extension of Time to Prepare Transcript. | | 04-07173
|
| 05/03/2004 | Transcript | Filed Transcript. Proceedings: June 13, 2003. Court Reporter: Ana Untalan. | | 04-08052
|
| 05/13/2004 | Order/Procedural | Filed Order. Redesignating the Parties. On December 23, 2003, this court entered an order establishing the briefing schedule for the appeal and cross-appeal. Because Jannell had been designated the appellant/cross-respondent, the briefing schedule provided that Jannell file the opening brief and appendix. Jannell has now moved to amend the briefing schedule established in our December 23, 2003, order. Because it appears more logical for Gary to first brief this court, we grant the unopposed motion and redesignate the parties. The clerk of this court shall modify the caption to indicate that Gary is now the appellant/ cross-respondent and Jannell is the respondent/ cross-appellant. Gary shall have 30 days from the date of this order to file and serve the opening brief and appendix on appeal. Jannell shall have 30 days from service of the opening brief and appendix to file and serve the combined answering brief on appeal and opening brief and appendix on cross-appeal. Gary shall have 30 days from service of Jannell's combined brief to file and serve the combined reply brief on appeal and answering brief on cross-appeal. Jannell shall have 30 days from service of Gary's combined brief to file and serve the reply brief on cross-appeal, if deemed necessary. The December 23, 2003, order also directed Gary to request transcripts in compliance with NRAP 9(a). To date Gary has failed to comply with NRAP 9(a). Gary shall have 10 days from the date of this order to file either a transcript request form or a certificate indicating that no transcripts are requested. Shelly A. Ajoub of Transcript Video Services has moved for an extension of time to file the June 13, 2003, transcript. We note that the June 13, 2003, transcript was filed in this court on May 3, 2004. Accordingly, we deny the motion as moot. | | 04-08887
|
| 05/27/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 06/13/03. To Court Reporter: Transcript Video Services. | | 04-09792
|
| 06/17/2004 | Motion | Filed Motion to Extend Time. Appellant's Motion for an Extension of Time to Request Transcripts (First Request.) | | 04-11082
|
| 06/17/2004 | Motion | Filed Stipulation. Stipulation to Extend the Time for Filing the Appellant's Brief. (first request-60 days requested) | | 04-11083
|
| 06/30/2004 | Transcript | Filed Transcript. Proceedings: 12/11/02. Court Reporter: Alice Eastgate | | 04-12008
|
| 07/06/2004 | Notice/Incoming | Filed Proof of Service. Transcript Re: Evidentiary Hearing: Return: FMC . | | 04-12261
|
| 09/22/2004 | Order/Procedural | Filed Order. to File Opening Brief and Appendix. On May 27, 2004, appellant/cross-respondent ('appellant') filed a transcript request form requesting the production of the June 13, 2003, transcript only. fn1[The June 13, 2003, transcript was filed in this court on May 3, 2004.] On June 17, 2004, appellant moved for an extension of time to request the December 11, 2002, transcript. We elect to treat the motion for an extension of time as a motion for leave to file an amended transcript request form to include the December 11, 2002, transcript. Because the December 11, 2002, transcript has been filed in this court, fn2[The transcript was filed with this court on June 30, 2004.] in the interest of judicial efficiency, we waive the requirement that appellant file an amended transcript request form that requests both the June 13, 2003, and December 11, 2002, transcripts. Accordingly, we deny appellant's motion for leave to file an amended transcript request form. The parties have filed a stipulation to extend the time for appellant to file and serve the opening brief and appendix. We elect to treat the stipulation as a joint motion for a 60-day extension of time. Because appellant did not submit for filing the opening brief and appendix by the time requested in the joint motion, we deny the motion. Appellant shall have 10 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 04-17539
|
| 09/29/2004 | Brief | Filed Opening Brief. Appellant/Cross-Respondent. Issued Notice to Provide Proof of Service. | | 04-17998
|
| 09/29/2004 | Appendix | Filed Appendix to Opening Brief. Vols. 1 and 2. | | 04-17999
|
| 10/06/2004 | Notice/Incoming | Filed Proof of Service. Appellant's Opening Brief. | | 04-18489
|
| 10/14/2004 | Order/Procedural | Filed Order. Denying Stay. Appellant/cross-respondent has moved this court for a stay pending appeal of the portion of the decree that pertains to the spousal support award. In deciding whether to issue a stay, we generally consider four factors. Having evaluated these factors and appellant/cross-respondent's arguments, we conclude that none of the factors militates strongly in favor of a stay. We therefore deny the motion. | | 04-19094
|
| 12/03/2004 | Order/Procedural | Filed Order. to file Answering Brief. Respondent/cross-appellant shall, within 10 days from the date of this order, file and serve the combined answering brief on appeal and opening brief on cross-appeal. Thereafter, briefing shall proceed pursuant to the schedule set forth in our order entered May 13, 2004. | | 04-22130
|
| 12/15/2004 | Motion | Filed Motion. Motion for Extension of Time to File Answering Brief and/or Other Relief. | | 04-22899
|
| 02/08/2005 | Order/Procedural | Filed Order. On December 15, 2004, respondent filed a motion for an extension of time to file the brief. In the motion, respondent informs this court that she filed 'a Chapter 7 Bankruptcy on July 21st, 2004.' Consequently, respondent requests an extension of time until resolution of her bankruptcy proceedings. An appeal is subject to the automatic bankruptcy stay if the debtor was the defendant in the underlying trial court action. Respondent was the defendant below. Accordingly, we grant respondent's motion to stay this appeal and we order this appeal stayed pursuant to the mandatory provisions of federal bankruptcy law. See 11 U.S.C. ยง 362(a). Respondent shall have 90 days from the date of this order to file a report informing this court of the status of the bankruptcy proceedings. | | 05-02502
|
| 03/28/2005 | Notice/Incoming | Filed Errata. Notice of Errata in Appellant's Opening Brief. | | 05-06051
|
| 05/17/2005 | Notice/Incoming | Filed Status Report. Report re: Status of Bankruptcy Proceedings. | | 05-09544
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| 07/19/2005 | Order/Procedural | Filed Order/Status Report. Bankruptcy status report due from respondent/cross-appellant: 90 days from the date of this order. | | 05-14338
|
| 10/24/2005 | Notice/Incoming | Filed Status Report. Bankruptcy Proceedings. | | 05-21067
|
| 11/04/2005 | Notice/Incoming | Filed Status Report. Appellant/Cross-Respondent's Report re: Status of Bankruptcy Proceedings. | | 05-21815
|
| 12/01/2005 | Motion | Filed Motion. Alan R. Johns. | | 05-23562
|
| 01/10/2006 | Order/Procedural | Filed Order/Status Report. Order to file Bankruptcy Status Report and Denying Motion to Withdraw. We deny Mr. Johns' motion to withdraw as counsel for respondent/cross-appellant. This denial is without prejudice to Mr. Johns' right to renew the motion after the automatic bankruptcy stay has been lifted from this appeal. Bankruptcy status report due: 90 days. | | 06-00624
|
| 05/15/2006 | Motion | Filed Stipulation/Dismiss Appeal. Stipulation to Dismiss Cross-Appeal. | | 06-10118
|
| 10/16/2006 | Order/Dispositional | Filed Stipulated Dismissal. We approve the stipulation and " . . . dismiss this appeal and cross-appeal." NRAP 42(b). Each party shall bear their own attorney fees and costs. SNP07M-NB/MG/MD | | 06-21201
|
| 10/16/2006 | Case Status Update | Case Closed. No remittitur issued. | | |