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United States Court Cases

Nevada Supreme/Appellate Court Record

MORABITO VS. MORABITO

Case Information: 40235
Short Caption:MORABITO VS. MORABITOCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D268075Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/04/2002 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:10/28/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/19/2002Notice of Appeal DocumentsFiled 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.) 02-16315
09/19/2002Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days 12/12/02 order: attached to appellant's transcript request form is a district court order granting appellant in forma pauperis status.
09/19/2002Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
10/04/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
11/07/2002Order/ProceduralFiled Order. To date, appellant has failed to comply with this court's notices. Appellant shall, within 10 days from the date of this order, submit the $200.00 filing fee to the clerk of this court, file a case appeal statement in the district court and file, with this court, two certified copies of the case appeal statement and file and serve the docketing statement. (Docketing statement mailed to counsel for appellant.) 02-19184
11/25/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-20279
11/27/2002MotionFiled Motion to Extend Time. 02-20452
11/27/2002MotionFiled Motion to Extend Time. Motion for Leave to File Requests for Transcripts Late. 02-20460
12/12/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. Order Reinstating Briefing and Resolving Motions. The parties were unable to agree to a settlement. We reinstate the time deadlines for preparing transcripts and filing briefs. We grant the motion file November 27, 2002. The clerk of this court shall file the docketing statement received on November 27, 2002 and the transcript request form received on November 27, 2002. Court reporter Shelly Ajoub shall have 30 days from the date of this order to prepare and file the transcripts requested by appellant. If more time is needed to complete the preparation of the transcripts, Ms. Ajoub shall, within the same time period, file a motion requesting an extension of time. If the requested transcripts cannot be produced, Ms. Ajoub, shall notify this court, in writing, of this fact. Appellant: 70 days to file and serve opening brief and appendix. Respondent shall have 20 days from service of the opening brief and appendix to file and serve the answering brief. Appellant shall have 10 days from service of the answering brief to file and serve a reply brief. NRAP 31(a)(2). On November 7, 2002, this court entered an order that directed appellant to pay the $200.00 filing fee and file and serve the case appeal statement. Attached to appellant's transcript request form is a district court order granting appellant in forma pauperis status. We vacate that portion of the order directing appellant to pay the filing fee. Appellant shall, within 10 days from the date of this order, file a case appeal statement in the district court and file, with this court, two certified copies of the case appeal statement. 02-21239
12/12/2002Docketing StatementFiled Docketing Statement. 02-20459
12/12/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: April 30, 2001; May 14, 2001; June 12, 2001; July 5, 2001; August 7, 2001; October 8, 2001; January 4, 2002; May 22, 2002; May 29, 2002; and July 11, 2002. To Court Reporter: Shelly Ajoub. 02-20461
12/23/2002Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy filed in district court on December 17, 2002. 02-21951
01/06/2003TranscriptFiled Transcript. Proceedings: 04/30/01; 05/14/01; 06/12/01; 07/05/01; 10/08/01; 01/04/02; 05/22/02; 05/29/02; 07/11/02 (2). Court Reporter: Shelly A. Ajoub. 03-00250
03/05/2003Order/ProceduralFiled Order. To date, appellant has failed to file the opening brief. Appellant shall, within 15 days from the date of this order, file and serve the opening brief and appendix. We remind counsel for appellant that appeals involving child custody are subject to the expedited briefing schedule set forth in NRAP 31(a)(2). Failure to comply timely with this order may result in the imposition of sanctions against appellant's counsel. Respondent shall within 20 days from service of the opening brief, file and serve the answering brief. Appellant may file a reply brief within 10 days from service of the answering brief. 03-03613
03/24/2003MotionFiled Motion to Extend Time. 03-04976
03/25/2003Order/ProceduralFiled Order Granting Motion. filed March 24, 2003. Appellant shall have until March 27, 2003, to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 03-05015
04/01/2003MotionFiled Motion to Extend Time. 03-05436
04/07/2003MotionFiled Motion to Extend Time. Appellant's Third Motion to Enlarge the time in which she must file her Opening Brief and Appendix. 03-05803
04/23/2003MotionFiled Motion to Extend Time. Appellant's Fourth Motion to Enlarge the Time in which she must file her Opening Brief and Appendix. 03-06904
05/02/2003MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appeal for Appellant's Failure to File Opening Brief and Appendix. 03-07467
05/05/2003MotionFiled Motion to Extend Time. Appellant's Fifth Motion to Enlarge the Time in Which she must File her Opening Brief and Appendix. 03-07565
05/08/2003MotionFiled Motion to Extend Time. Appellant's Sixth Motion to Enlarge the Time in Which she Must File her Opening Brief and Appendix. 03-07840
05/13/2003MotionFiled Motion for Excess Pages. Motion for Leave to File an Opening Brief having 48 Pages. 03-08129
05/13/2003AppendixReceived Appendix. 03-08131
05/19/2003Notice/IncomingFiled Notice of Change of Address. Gary E. Gowen (already have this address). 03-08452
05/23/2003MotionFiled Response to Motion. Appellant's Opposition to Respondent's Motion to Dismiss Appeal. 03-08793
06/11/2003BriefReceived Reply Brief. 03-09756
06/24/2003Order/ProceduralFiled Order Granting Motion. Since April 1, 2003, appellant has filed 5 motions for extensions of time, requesting a total of 42 additional days to file the opening brief and appendix. In support of the motions, appellant's counsel states that he has been seriously ill since December. Appellant's counsel further states that the additional time is necessary to adequately brief the appeal because 'the issues in this case are complex.' On May 2, 2003, respondent filed a motion to dismiss this appeal. Respondent asserts that appellant's failure to timely file the opening brief and appendix warrants dismissal of this appeal. Appellant opposes the motion. This court prefers to decide cases on their merits. Further, we conclude that appellant's counsel's illness constitutes an extraordinary and unforeseeable circumstance warranting an extension of time to file the opening brief and appendix. Accordingly, we grant appellant's motions for extensions of time to file the opening brief and appendix and we deny respondent's motion to dismiss this appeal. On May 13, 2003, appellant submitted the opening brief and appendix along with a motion for leave to file a 48-page opening brief. Appellant states that it was necessary to draft a 48-page brief in order to disclose to the court 'the material facts' that support the issues raised on appeal. Cause appearing, we grant appellant's motion to file an excess page opening brief. The clerk of this court shall file the opening brief and appendix received on May 13, 2003, the answering brief received on June 2, 2003, and the reply brief received on June 11, 2003. 03-10597
06/24/2003BriefFiled Opening Brief. 03-08130
06/24/2003AppendixFiled Appendix to Opening Brief. 03-08131
06/24/2003BriefFiled Answering Brief. 03-09195
06/24/2003BriefFiled Reply Brief. 03-09756
10/28/2003Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 03-18004
10/28/2003Case Status Update Submitted for Decision. SNP04-RR/ML/WM
02/19/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn8[This matter was submitted for decision by a panel of this court comprised of Justices Rose, Leavitt, and Maupin. Justice Leavitt having died in office on January 9, 2004, this matter was decided by a two-justice panel.] SNP04-RR/WM 04-03161
03/09/2004Filing Fee Filing Fee Waived. In forma pauperis.
03/09/2004Post-Judgment PetitionFiled Petition for Rehearing. 04-04432
04/06/2004Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). fn1[This matter was submitted for decision by a panel of this court comprised of Justices Rose, Leavitt, and Maupin. Justice Leavitt having died in office on January 9, 2004, this mater was decided by a two-justice panel.] SNP04-RR/WM 04-06323
05/04/2004RemittiturIssued Remittitur. 04-07079
05/04/2004Case Status Update Remittitur Issued/Case Closed.
05/13/2004RemittiturFiled Remittitur. Received by County Clerk on May 6, 2004. 04-07079