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United States Court Cases

Nevada Supreme/Appellate Court Record

MOSLEY VS. MOSLEY

Case Information: 34731
Short Caption:MOSLEY VS. MOSLEYCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - T33399Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/10/1999 / Holland Johnson, SusanSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/26/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Randall J. Roske--check no. 1313.
08/26/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-08003
08/26/1999Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
09/03/1999Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: 8/31/99. 99-08305
09/10/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Susan Holland Johnson. (Briefing and preparation of transcripts suspended pending further order of this court.)
11/29/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-11867
12/16/1999Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Appellant: 15 days to file the docketing statement and to comply with NRAP 9(a); 120 days to file opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to counsel for appellant). 99-12724
02/23/2000Order/ProceduralFiled Order. Appellant shall, within 10 days of the date of this order, file and serve the docketing statement and either a transcript request form or a certificate of no transcript request or show cause why this appeal should not be dismissed as abandoned. 00-02828
03/01/2000Docketing StatementFiled Docketing Statement. 00-03217
03/01/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 2/16/99. To Court Reporter: Lisa L. Cline. 00-03235
03/01/2000TranscriptFiled Transcript. Proceedings: February 16, 1999. Court Reporter: Lisa L. Cline. 00-03254
04/13/2000MotionFiled Motion. Emergency Motion to Withdraw as Attorney of Record and Extend Time within which to File and Serve the Opening Brief. 00-05972
06/19/2000Order/ProceduralFiled Order. We grant attorney Roske's motion to withdraw. Attorney Roske shall immeditely serve a copy of this order on appellant and file proof of such service with the clerk of this court within 10 days from the date of this order. Appellant shall retain new counsel and cause counsel to enter an appearance with this court within 30 days from the date of this order. The briefing schedule is suspended pending appellant causing new counsel to enter an appearance. Failure to fully comply with this order may result in the submission of this appeal on the record, if the record is ordered, or possibly in dismissal of this appeal as abandoned. 00-10418
06/30/2000Notice/IncomingFiled Notice. Notice of Entry of Order (Service of order on Terry Mosley). 00-11209
07/25/2000Notice/IncomingFiled Notice of Appearance. Representing appellant: Patricia Vaccarino. (Docketing Statement mailed to counsel for appellant.) 00-12871
08/14/2000Order/ProceduralFiled Order/Briefing Reinstated. On July 25, 2000, attorney Patricia L. Vaccarino enered her appearance in this matter as counsel for appellant. We hereby reinstate the briefing schedule in this appeal. Appellant shall file and serve the opening brief and appendix within 40 days from the date of this order. Briefing shall proceed in accordance with NRAP 31(a)(1). 00-14116
09/11/2000Notice/IncomingFiled Notice. Terry M. Mosely, appellant in proper person in place and stead of Patricia L. Vaccarino. 00-15945
10/05/2000MotionFiled Motion to Dismiss Appeal. 00-17668
01/25/2001Order/ProceduralFiled Order. We approve the notice of withdrawal as counsel of record and direct the clerk of this court to remove attorney Patricia L. Vaccarino from the docket as counsel of record for appellant. Attorney Vaccarino shall serve a copy of this order on appellant and file proof of service with this court within 10 days from the date of this order. Appellant shall retain new counsel and cause new counsel to file a notice of appearance with 45 days of the date of this order or, alternatively shall inform this court in the same time period if she will not be retaining new counsel. Accordingly, we vacate that portion of this court's order dated August 14, 2000, reinstating briefing. A briefing schedule will be reinstated upon entrance of a notice of appearance by new counsel for appellant. On October 5, 2000, respondent filed a motion to dismiss this appeal. In support of that motion, respondent notes that appellant failed to file an opening brief pursuant to this court's order of August 14, 2000. In light of the withdrawal of appellant's counsel, and our order vacating of the reinstatement of briefing, we deny respondent's motion to dismiss. However, that denial is without prejudice to refiling such a motion should appellant fail to comply with this court's orders in the future. 01-01638
02/05/2001Notice/IncomingFiled Proof of Service. of January 25, 2001, order on Terry M. Mosley from attorney Paricia L. Vaccarino. 01-02316
03/13/2001MotionReceived Proper Person Motion. Appellant's Motion for Extension of Time to Retain Counsel. 01-04484
05/01/2001Order/ProceduralFiled Order Granting Motion. On March 13, 2001, appellant submitted, in proper person, a "Motion for Extension of Time to Retain Counsel." fn1[Appellant has not been granted permission to file documents in proper person in this matter. Nevertheless, because we elect to resolve appellant's motion on the merits, we direct the clerk of this court to file the motion.] We grant the motion. Appellant shall retain new counsel and cause new counsel to enter an appearance with this court within 14 days from the date of this order. Failure to fully comply with this order in a timely manner may result in submission of this appeal upon the record, if the record is ordered, or in dismissal of this appeal as abandoned. We do not expect any further delays in the prosecution of this appeal. 01-07237
05/01/2001MotionFiled Proper Person Motion. Appellant's Motion for Extension of Time to Retain Counsel. 01-04484
05/17/2001Notice/IncomingFiled Notice of Appearance. Representing appellant: Bruce I. Shapiro. 01-08242
08/03/2001MotionFiled Motion. 01-13177
08/29/2001Notice/IncomingFiled Notice of Appearance. Andrew S. Myers of the law firm of Myers & Spretnak (Substitution of Attorney attached). 01-14673
09/17/2001Order/ProceduralFiled Order Granting Motion. On May 17, 2001, attorney Bruce I. Shapiro filed a notice of appearance with this court as counsel for appellant. On August 3, 2001, Mr. Shapiro filed a motion to withdraw as counsel. We grant that motion. On August 29, 2001, attorney Andrew S. Myers filed a notice of appearance as counsel for appellant. The clerk shall amend the docket to reflect that Mr. Myers is counsel for appellant. Appellant shall file and serve the opening brief and appendix within 45 days from the date of this order. Briefing shall proceed in accordance with NRAP 31(a)(1). 01-15646
11/05/2001BriefFiled Opening Brief. Mailed on: 11/01/01. 03/27/02 ORDER: OPENING BRIEF STRICKEN AND RETURNED TO MYERS FIRM. 01-18490
11/05/2001MotionFiled Motion. Motion to Enlarge the Record (Appendix) Accompanying Appellant's Opening Brief. 01-18492
11/15/2001MotionFiled Response to Motion. Respondents Opposition to the Appellant's Motion to Enlarge the Record Accompanying the Opening Brief. 01-19081
11/29/2001MotionFiled Motion to Extend Time. 01-20009
12/05/2001MotionFiled Motion. Attorney Andrew S. Myers. 01-20415
02/19/2002MotionFiled Motion. Motion to Expedite Decision on Counsel's Motion to Withdraw Filed December 5, 2001. 02-03120
03/27/2002Order/DispositionalFiled Voluntary Dismissal. On November 5, 2001, appellant submitted an appendix to the opening brief, and a "Motion to Enlarge the Record (Appendix) Accompanying Appellant's Opening Brief." On November 15, 2001, respondent filed an opposition. By appellant's own representation, it is apparent that many of the documents she wishes to include in the appendix cannot be part of the appellate court record. We deny appellant's motion to enlarge the record. Because the appendix is "incorporated by reference into the body of the opening brief," the clerk of this court shall strike the opening brief filed on November 5, 2001, and return it along with the appendix and the errata that was received on November 20, 2001. Because we deny the motion to enlarge the record, we grant appellant's request that we therefore dismiss this appeal. 'We hereby order this appeal dismissed.' On December 5, 2001, counsel for appellant, attorney Andrew S. Myers, filed a motion to withdraw as counsel of record. On December 17, 2001, appellant submitted a proper person opposition to Mr. Myers' motion to withdraw. fn1[Although appellant has not been granted permission to file documents in proper person in this appeal, we direct the clerk of the court to file the December 17, 2001, opposition as we have considered it resolving the motion to withdraw as counsel.] Cause appearing, and in light of this order dismissing this appeal, we grant Mr. Myers' motion to withdraw as counsel of record. We deny as moot Mr. Myers' February 19, 2002, motion to expedite consideration of his motion to withdraw and respondent's November 29, 2001, motion for an extension of time to file the answering brief. 02-05402
03/27/2002MotionFiled Proper Person Response. Opposition to Motion to Withdraw as Counsel of Record. 01-21263
03/27/2002Notice/OutgoingIssued Letter. to the law firm of Myers & Spretnak. Returned the original Appellant's Opening Brief-Stricken March 27, 2001. Returned unfiled, the original Appellant's Appendix received November 5, 2001 and Errata to Appellant's Opening Brief received November 19, 2001. 02-05411
03/27/2002Case Status Update Case Closed. No remittitur issued.