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United States Court Cases

Nevada Supreme/Appellate Court Record

CONNELLY VS. CONNELLY

Case Information: 37930
Short Caption:CONNELLY VS. CONNELLYCourt:Supreme Court
Related Case(s): 36661 , 38368 , 39048
Lower Court Case(s):Elko Co. - Fourth Judicial District - 31505Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/31/2001 / Worrell, CarolynSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:10/28/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/25/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Thomas L. Stringfield--check no. 005764.
05/25/2001Notice 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.) 01-08793
05/31/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell. (Briefing and preparation of transcripts suspended pending further order of this court.)
06/20/2001MotionFiled Motion to Extend Time. 01-10400
06/21/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed June 20, 2001. The clerk shall file the docketing statement received on June 20, 2001. 01-10494
06/21/2001Docketing StatementFiled Docketing Statement. 01-10404
06/25/2001Other Other. Mailed additional document to settlement judge Carolyn Worrell.
06/29/2001MotionFiled Motion. Motion for Remand/Motion for Leave for District Court to Consider Post-Trial Motions. 01-11085
07/03/2001Notice/Outgoing Letter. Carolyn Worrell.
07/09/2001MotionFiled Response to Motion. Opposition to "Motion for Remand/Motion for Leave for District Court to Consider Post-Trial Motions." 01-11505
07/17/2001Notice/Outgoing Letter. Carolyn Worrell.
07/18/2001MotionFiled Motion for Stay. 01-12214
07/18/2001Notice/IncomingFiled Affidavit. Affidavit of Vickie Lynn Connelly in Support of Stay. 01-12215
07/18/2001Notice/IncomingFiled Notice. Information to Court. 01-12217
07/19/2001Notice/Outgoing Letter. Carolyn Worrell.
07/23/2001MotionFiled Response to Motion. Opposition to Motion for Stay/Motion to Strike. 01-12490
08/03/2001Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), "Reply to Opposition to Motion for Stay."
08/03/2001Notice/IncomingFiled Notice. Notice of Lower Court Decision. 01-13179
08/22/2001MotionFiled Motion for Permission to File Document. 01-14261
08/22/2001MotionReceived Reply to Response. 09/19/01 ORDER: RETURNED UNFILED. 01-14262
08/28/2001MotionFiled Motion to Strike. 01-14572
09/04/2001MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Respondent's Appeal. (NOTE: This document was TRANSFERRED to docket no. 38368 on 10/14/02.) 01-14887
09/10/2001MotionFiled Response to Motion. Opposition to Motion to Dismiss Respondent's Appeal. (NOTE: This document was TRANSFERRED to docket no. 38368 on 10/14/02.) 01-15250
09/14/2001Order/ProceduralFiled Order Denying Motion. Denying Motion for Stay. Having reviewed the motion and opposition, we are not persuaded that a stay is warranted at this time. We deny appellant's motion. fn1[In light of this order, we deny respondent's motion to strike certain documents attached to appellant's moiton for stay. Moreover, when reviewing motions on appeal, this court will only consider documents that were properly before the district court. 01-15548
09/19/2001Order/ProceduralFiled Order Denying Motion. Denying Motion to Reply and Motion to Strike. On September 14, 2001, this court denied the motion for stay. Appellant moves this court for leave to file a reply to the motion for stay. Respondent moves this court to strike appellant's motion for leave to file a reply. In light of our September 14, 2001 order denying the stay, we deny as moot appellant's August 22, 2001 motion to reply and respondent's August 28, 2001 motion to strike. The clerk of this court shall return, unfiled, appellant's reply received on August 22, 2010. 01-15815
09/19/2001Notice/OutgoingIssued Letter. to attorney Thomas L. Stringfield. Returned unfiled, the original Reply received August 22, 2001.
10/09/2001MotionFiled Motion to Consolidate. Nos. 37930 and 38368. 01-16996
03/26/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-05371
04/16/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. Order Consolidating Appeals and Reinstating Briefing. We grant Vickie Lynn Connelly's unopposed motion to consolidate, and we consolidate these appeals for all appellate purposes. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. fn1[We defer ruling on Raymond Connelly's June 29, 2001 motion for remand and Vickie Connelly's September 4, 2001 motion to dismiss, pending further order of this court.] Each appellant shall have 15 days to comply with NRAP 9(a). Because this is a child custody matter, each appellant shall have 90 days from the date of this order to file and serve their respective opening brief and appendix. fn2[The parties have a duty to confer and attempt to reach an agreement to file a joint appendix for both opening briefs.] Briefing shall proceed in accordance with NRAP 31(a)(2). Nos. 37930/38368. (02-06750) 02-06750
05/01/2002Transcript RequestFiled Request for Transcript of Proceedings. Vickie Lynn Connelly. Transcripts requested: February 20, 21, 22, 2001. To Court Reporter: Zoie M. Williams. Nos. 37930/38368. 02-07685
05/06/2002TranscriptFiled Transcript. Proceedings: 02/20/01, 02/21/01, 02/22/01 Court Reporter: Zoie Williams. Nos. 37930/38368 02-07945
06/05/2002Order/ProceduralFiled Order. To date, Raymond Eugene Connelly, appellant in Docket No. 38368, has failed to file either a transcript request form or a certificate indicating that no transcripts are being requested. In the event Raymond Eugene Connelly intends to reply only on the transcripts requested by appellant Vickie Lynn Connelly, he shall, within 10 days from the date of this order, file a certificate indicating that no additional transcripts are requested. However, if appellant intends to cite to new transcripts which have not yet been prepared, he shall, within 10 days from the date of this order, file and serve a transcript request form identifying the necessary additional transcripts. Nos. 37930/38368. 02-09863
06/12/2002Transcript RequestFiled Certificate of No Transcript Request. (Raymond Connelly) Nos. 37930/38368. 02-10196
07/15/2002BriefFiled Opening Brief. Appellant Vickie Connelly's Opening Brief filed in 37930 only. Mailed on: UPS 07/12/02. Nos. 37930/38368. 02-12088
07/15/2002AppendixFiled Appendix to Opening Brief. Appellant Vickie Connelly's Appendix filed in 37930 only. Nos. 37930/38368. 02-12092
07/24/2002MotionFiled Motion to Dismiss Appeal. (Dismiss case no. 38368) Nos. 37930/38368. 02-12681
09/26/2002Letter/IncomingFiled Letter. from Raymond Connelly regarding his attorney, Donald York Evans; status of his case; and an extension of time to retain a new attorney. Nos. 38368/37930. 02-16698
10/07/2002Other Other. Filed Objection (to correspondence from Ray Connelly). Nos. 37930/38368. 02-17280
10/11/2002MotionFiled Motion to Extend Time. (Appellant's Opening Brief in case no. 38368 only.) Nos. 37930/38368. (02-17651)
10/11/2002BriefReceived Opening Brief. Appellant's Opening Brief in case no. 38368 only. Nos. 37930/38368. Mailed on Hand delivered 10/11/02. (02-17652)
10/11/2002AppendixReceived Appendix to Opening Brief. In Case No. 38368 only. Nos. 37930/38368. (02-17653)
10/14/2002MotionFiled Motion to Extend Time. Motion for Leave to File a Late Brief. Nos. 37930/38368 02-17726
10/16/2002Order/ProceduralFiled Order. On July 15, 2002, appellant Vickie Lynn Connelly (Ms. Connelly) filed her opening brief and appendix in Docket No. 37930. To date, Raymond Eugene Connelly (Mr. Connelly), as respondent in Docket No. 37930, has failed to file the answering brief. Further, Mr. Connelly, as appellant in Docket No. 38368, has failed to file and serve the opening brief and appendix. On September 26, 2002, this court received a letter from Mr. Connelly. In the letter, Mr. Connelly states that his relationship with his attorney, Donald York Evans, has become 'strained,' and believes that he 'need[s] a different attorney.' Mr. Connelly also states that he became aware of the motion to dismiss filed by respondent in Docket No. 38368 on July 24, 2002, and requests this court to 'allow [him] time to try and discover what has happened to [his attorney] and [his] appeal.' On October 7, 2002, Ms. Connelly filed an 'Objection' to Mr. Connelly's letter. Because of the pending motion to dismiss filed by Ms. Connelly, and because it appears that Mr. Evans and Mr. Connelly may have miscommunicated, we suspend briefing in Docket No. 38368 until further notice by this court. We further direct Mr. Evans, within 20 days from the date of this order, to: (1) file and serve a reply to the motion to dismiss in Docket No. 38368, and (2) file and serve the answering brief in Docket No. 37930. In the alternative, within the same time period, we direct Mr. Evans to inform this court in writing of the status of his representation of Mr. Connelly in these consolidated appeals. Fn1 [Although appellant has not been granted leave to file papers in proper person, we direct the clerk of this court to file the letter received on September 26, 2002]. Nos. 37930/38368. 02-17945
10/16/2002Letter/IncomingFiled Letter. Raymond Connelly regarding his attorney, Donald York Evans; status of his case; and an extension of time to retain a new attorney. Nos. 38368/37930. 02-16698
10/16/2002BriefFiled Answering Brief. Brief for case no. 37930 only. Nos. 37930/38368. 02-17727
10/16/2002AppendixFiled Appendix to Answering Brief. Appendix for case no. 37930. Nos. 37930/38368. 02-17728
10/21/2002Order/Clerk'sFiled Clerk's Order. filed October 14, 2002. The clerk of this court filed respondent Connelly's answering brief in Docket No. 37930 that had been provisionally received on October 14, 2002. In light of the filing of respondent Connelly's answer brief, the October 14, 2002, motion requesting an extension of time to file the brief is denied as moot. Nos. 37930/38368. 02-18240
10/21/2002Letter/IncomingReceived Proper Person Letter. RETURNED, UNFILED per 12/17/02 order. Nos. 37930/38368. 02-18273
11/04/2002MotionFiled Response to Order to Show Cause. Notice to the Court Pursuant to Order of October 16, 2002. Nos. 37930/38368. 02-18967
11/04/2002MotionFiled Response to Motion. Opposition to Second Motion to Dismiss Respondent's Appeal. Nos. 37930/38368. 02-18998
11/04/2002Notice/IncomingFiled Substitution of Attorneys. Marvel & Kump, Ltd., in place and stead of Donald York Evans and counsel for Raymond Eugene Connelly. Nos. 37930/38368. 02-19003
11/13/2002BriefFiled Reply Brief. Mailed on: UPS 11/12/02. Filed in 37930 only. Nos. 38368/37930. 02-19536
11/13/2002BriefReceived Answering Brief. Mailed on: UPS 11/12/02. Received in 38368 only. Nos. 38368/37930 (02-19537).
11/27/2002MotionFiled Motion to Extend Time. Filed in case no. 38368 only. Nos. 37930/38368. (02-21514) 02-20464
12/09/2002BriefReceived Reply Brief. In case no. 38368 only. Nos. 37930/38368. Mailed on 12/07/02. (02-21515) 02-21050
12/17/2002Order/ProceduralFiled Order. On October 16, 2002, this court entered an order that suspended briefing in Docket No. 38368, and directed attorney for Raymond Eugene Connelly, Mr. Donald York Evans, to inform this court of the status of his representation of Mr. Connelly. On November 4, 2002, Mr. Evans filed a 'Substitution of Attorney.' That document seeks to substitute the law firm of Marvel & Kump, Ltd. as counsel for Mr. Connelly in these consolidated appeals. We note that the substitution contains signatures of Mr. Connelly, Mr. Evans, and Mr. Jeffrey J. Kump of the law firm of Marvel & Kump, Ltd. Cause appearing, we approve the substitution. See SCR 46(1). The clerk of this court shall amend this court's record to reflect that the law firm of Marvel & Kump, Ltd. is counsel of record for Mr. Connelly in these consolidated appeals. As noted above, the briefing in Docket No. 38368 has been suspended by order of this court pending resolution of two motions to dismiss the appeal in Docket No. 38368 filed on July 24, 2002, and October 14, 2002. On October 11, 2002, Mr. Connelly, appellant in Docket No. 38368, filed a motion for an extension of time to file the opening brief and appendix. On November 13, 2002, this court received the answering brief. Thereafter, on November 27, 2002, appellant Mr. Connelly filed a motion for an extension of time to file the reply brief. Although briefing has been suspended, we grant the motions and direct the clerk of this court to file the opening brief and appendix received on October 11, 2002, the answering brief received on November 13, 2002, and the reply brief received on December 9, 2002. On October 21, 2002, Mr. Connelly submitted a letter to this court. Because Mr. Connelly has not been granted leave to file documents in proper person, we direct the clerk to return, unfiled, Mr. Connelly's letter received on October 21, 2002. See NRAP 46(b). Mr. Connelly shall address all concerns relating to these consolidated appeals to his counsel of record. Nos. 37930/38368 02-21522
12/17/2002BriefFiled Opening Brief. Filed in 38368 only. Nos. 37930/38368
12/17/2002AppendixFiled Appendix to Opening Brief. Filed in 38368 only. Nos. 37930/38368
12/17/2002BriefFiled Answering Brief. Filed in 38368 only. Nos. 37930/38368
12/17/2002BriefFiled Reply Brief. Mailed onFiled in 38368 only. Nos. 37930/38368
12/17/2002Other Returned Unfiled Document. Returned, unfiled, proper person letter received 10/21/02 (per order filed 12/17/02). Nos. 37930/38368 02-18273
03/20/2003MotionFiled Motion. Request for Review. Nos. 37930/38368 03-04796
06/16/2003Order/ProceduralFiled Order. Order Dismissing Appeal in Docket No. 38368 and Allowing Appeal in Docket No. 37930 to Proceed. These are consolidated appeals from a final divorce decree and an order refusing to rule on an NRCP 60(b) motion and motion for reconsideration. Our review of the documents before us reveals that we lack jurisdiction over the appeal in Docket No. 38368. On May 22, 2001, Vickie timely filed a notice of appeal (Docket No. 37930). Raymond did not immediately appeal from the final decree. On August 20, 2001, Raymond filed a notice of appeal from the divorce decree and from the July 25 order declining to rule on the NRCP 60(b) motion and the motion for reconsideration (Docket No. 38368). Vickie has filed a motion to dismiss Raymond's appeal. Raymond opposes the motion. As we lack jurisdiction over the appeal in Docket No. 38368, we dismiss it. Each party shall bear its own attorney fees and costs with respect to that appeal. The appeal in Docket No. 37930 may proceed. fn7[In light of this order, we deny as moot Raymond's June 29, 2001 motion for remand.] Nos. 37930/38368. 03-09934
07/14/2003Other Other. Cases 37930 and 38368 unconsolidated.
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 Northern Nevada Panel as of the date of this order on the briefs filed herein. 03-17981
10/28/2003Case Status Update Submitted for Decision. NNP03S-NB/MS/MG
11/12/2003MotionFiled Motion. Motion for Leave to file Supplemental Points & Authorities. 03-18866
11/20/2003MotionFiled Response to Motion. Opposition to Motion for Leave to File Supplemental Points and Authorities. 03-19387
01/08/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn9[Having considered Vickie's other arguments regarding the second temporary protective order, NRCP 65 restraining order, specific findings of fact, the Seaboard account, and division of community property, we conclude they are without merit.] fn10[Having considered Raymond's motion for leave to file supplemental points and authorities in support of his answering brief, we deny his request for leave.] NNP04S-MS/NB/MG 04-00393
02/03/2004RemittiturIssued Remittitur. 04-00478
02/03/2004Case Status Update Remittitur Issued/Case Closed.
02/27/2004RemittiturFiled Remittitur. Received by County Clerk on February 5, 2004. 04-00478