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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 39942
Short Caption:WIENER VS. WIENERCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D262132Classification:Civil Appeal - Family Law - Proper Person
Disqualifications:GibbonsCase Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:08/09/2002 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
07/19/2002Filing Fee Filing Fee due.
07/19/2002Notice 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.) 02-12397
07/19/2002Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
07/19/2002Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
07/25/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Wieczorek & Associates - check no. 4763.
07/26/2002Docketing StatementFiled Docketing Statement. 02-12853
08/09/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
11/04/2002Notice/IncomingFiled Notice. Notice of Firm Name Change. The law firm and Wieczorek & Associates is now Morris, Polich & Purdy, LLP. 02-19053
11/07/2002Notice/Outgoing Letter. Lansford W. Levitt. (Notice of Firm Name Change)
11/14/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: November 20, 2002. 02-19619
02/26/2003MotionFiled Motion. 03-03174
03/05/2003MotionFiled Response to Motion. Respondent's Opposition to Appellant's Motion to Withdraw from Representation. 03-03717
03/20/2003MotionFiled Stipulation. Stipulation Allowing Substitution of Attorney. Proper person respondent substitutes herself in place of Morris Polich & Purdy, LLP. 03-04793
03/21/2003Notice/IncomingFiled Proof of Service. Affidavit of Service of Motion to Withdraw. 03-04912
05/30/2003Settlement Program ReportFiled Interim Settlement Program Report. The Settlement Judge recommends this matter be removed from the settlement program. 03-09058
09/08/2003OtherDisqualification of Justice Gibbons.
12/10/2003Settlement Order/Procedural Order Removing From Settlement Program/Briefing Reinstated. and Granting Motion to Withdraw. Counsel for appellant, attorney Stephen J. Kane of the law firm of Morris Polich & Purdy, LLP, has filed a motion to withdraw as counsel of record. Respondent has filed a response to the motion to withdraw. Specifically, respondent opposes the motion to the extent it requests payment of fees by respondent. Cause appearing, we grant the motion to withdraw, in part. The clerk of this court shall remove the law firm of Morris Polich & Purdy, LLP, as counsel of record for appellant on this court's docket. We deny the request to award attorney fees or to reduce the fees owed to judgment. We note that such relief is more appropriately sought in the district court. On March 20, 2003, appellant and Mr. Kane filed a "Stipulation and Order Allowing Substitution of Attorney." In that document, appellant and Mr. Kane stipulate that appellant "shall substitute herself, In Proper Person; as counsel of record for all future proceedings." We note that a proper person party may not be substituted in the place of an attorney. SCR 46. Accordingly, we elect to treat the purported substitution as a notice that appellant will not be retaining new counsel to represent her in this appeal. Accordingly, this appeal shall proceed as a proper person appeal. Therefore, we note that no filings are due in this appeal pending further order of this court. fn1[Accordingly, appellant need not file a case appeal statement as directed in a notice from this court on July 19, 2002.] See NRAP 46(b). In light of the withdrawal of counsel, and upon the recommendation of the settlement judge, this appeal is removed from the settlement program. 03-20559
12/15/2003Letter/IncomingFiled Letter. from attorney James J. Jimmerson regarding the status of this case. 03-20840
01/08/2004MotionFiled Stipulation/Dismiss Appeal. 04-00450
02/20/2004Order/DispositionalFiled Stipulated Dismissal. Pursuant to the stipulation of the parties and cause appearing, " . . . this appeal is dismissed." The parties shall bear their own costs and attorney fees. NRAP 42(b). NNP/CLK 04-03261
02/20/2004Case Status Update Case Closed. No remittitur issued.
02/27/2004Notice/IncomingFiled Notice. Notice of Entry of Order Dismissing Appeal filed on 2/20/04 - no action required. 04-03785
03/18/2004Notice/OutgoingIssued Letter. to attorney James J. Jimmerson in response to letter filed on December 15, 2003.