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United States Court Cases

Nevada Supreme/Appellate Court Record

IN RE: PARENTAL RIGHTS AS TO DELBOSQUE

Case Information: 37942
Short Caption:IN RE: PARENTAL RIGHTS AS TO DELBOSQUECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D259610Classification:Civil Appeal - Family Law - Parental Termination
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:12/13/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/29/2001Filing Fee Filing Fee due. 11/27/01 Order: Mr. Amesbury states that on October 17, 2001, the district court appointed him as appellate counsel for Ms. Delbosque. We waive the filing fee for Ms. Delbosque.
05/29/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Appellant Michelle Delbosque). Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 01-08869
05/29/2001Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
06/28/2001Filing Fee Filing Fee due. (Michael Delbosque)
06/28/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Appellant Michael Joe Delbosque). (Docketing statement mailed to counsel for appellant.) 01-11006
06/28/2001Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. (Michael Delbosque) Due Date: 10 days
06/28/2001Notice/OutgoingIssued Notice to File Case Appeal Statement. (Michael Delbosque) Due Date: 10 days
07/23/2001Order/ProceduralFiled Order. To date, appellant Michelle L. Delbosque has failed to pay the filing fee or to file the docketing statement. To date, Michael Joe Delbosque has failed to pay the filing fee, or to file the case appeal statement or docketing statement. Michael Joe Delbosque shall, within 10 days of 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. Appellants Michelle L. Delbosque and Michael Joe Delbosque shall each, within 10 days of the date of this order, (1) file and serve docketing statements and (2) pay the filing fees. Failure to comply timely with this order may result in the impositions of sanctions against appellants' attorneys. (Docketing statement mailed to counsel for Michelle Dubosque and Michael Joe Delbosque). 01-12412
07/30/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 3/9/01. To Court Reporter: Dept. D. 01-12781
07/30/2001Docketing StatementFiled Docketing Statement. (Michael Delbosque) 01-12782
08/02/2001Notice/IncomingFiled Proof of Service. of Request for Transcript of Proceedings. 01-13068
08/03/2001Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: July 10, 2001. 01-13137
08/10/2001MotionFiled Response to Order to Show Cause. Response to Order filed July 23, 2001. 01-13617
08/30/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Jeffrey A. Cogan-check no. 2926. (Michael Delbosque)
10/03/2001Order/ProceduralFiled Order. On August 10, 2001, appellant Michelle L. Delbosque filed a response to our July 23, 2001, order. Good cause appearing, we suspend the requirement of paying the filing fee until such time as Mr. Amesbury notifies this court whether he has been appointed as counsel of record for appellant Michelle L. Delbosque in this appeal. Mr. Amesbury shall notify this court of the district court's decision regarding his appointment as counsel of record within 10 days of such decision. If Mr. Amesbury is not appointed as counsel of record for this appeal and he wishes to withdraw as counsel of record he shall file a motion to withdraw with this court pursuant to NRAP 46 (d) and SCR 46-48. In the affidavit in support of the response, Mr. Amesbury also requests an extension of time to file and serve the opening brief and appendix. We grant the motion. Appellant Michelle L. Delbosque shall have 30 days from the date of this order to file and serve the opening brief and appendix. Further, appellant shall have 7 days from the date of this order to file and serve the docketing statement. (Docketing statement mailed to counsel for appellant Michelle L. Delbosque.) 01-16657
11/19/2001MotionFiled Motion to Extend Time. Appellant's Motion for an Enlargement of Time in Which to File The Docketing Statement, Opening Brief and Appendix. 01-19385
11/27/2001Order/ProceduralFiled Order. To date, counsel for Mr. Delbosque has failed to file the opening brief and appendix. Mr. Delbosque shall have 15 days from the date of this order to file and serve the opening brief and appendix. We caution Mr. Delbosque's counsel that failure to comply timely with this order may result in the imposition of sanctions. On November 5, 2001, Mr. Amesbury submitted a docketing statement on behalf of Ms. Delbosque. On November 19, 2001, Mr. Amesbury filed a motion requesting an extension of time to file the docketing statement and opening brief and appendix. Cause appearing, we grant the motion. Appellant shall file and serve the opening brief and appendix by December 7, 2001. Further, the clerk of this court shall file the docketing statement received on November 5, 2001. Additionally, we waive the filing fee for Ms. Delbosque. See NRS 128.100(2) and NRS 12.015(1)(a)(1). On July 30, 2001, appellant Ms. Delbosque filed a transcript request form. To date, no transcripts have been filed with this court. Transcript Video Services shall have 20 days from the date of this order to prepare and file the transcript for the proceeding conducted on March 9, 2001. If more time is needed to complete the preparation of the requested transcript, Transcript Video Services shall, within the same time period, file a motion with this court requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Transcript Video Services shall notify this court, in writing, of this fact. 01-19850
11/27/2001Docketing StatementFiled Docketing Statement. (Michelle L. Delbosque). 01-18446
11/28/2001MotionFiled Response to Motion. Opposition to Appellant's Motion for an Enlargement of Time in which to File the Docketing Statement, Opening Brief and Appendix. 01-19904
12/03/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: February 28, 2001. To Court Reporter: Debbie Casper. 01-20225
12/06/2001Letter/IncomingFiled Letter. from Court Reporter Arlene Blazi re: November 27, 2001, order. 01-20481
12/10/2001MotionFiled Motion to Extend Time. (Michelle Delbosque). 01-20658
12/12/2001Notice/OutgoingIssued Notice to Provide Proof of Service. Request for Transcript of Proceedings. Due date: 10 days.
12/21/2001Notice/IncomingFiled Proof of Service. - Certificate of Mailing via Facsimile & Regular Mail (Request for Transcript). 01-21585
01/10/2002Order/ProceduralFiled Order. On November 27, 2001, we entered an order granting the motion for an extension of time to file the docketing statement and opening brief and appendix. We elect to treat the opposition filed on November 28, 2001, as a motion for reconsideration of our November 27, 2001, order. Because we prefer to decide appeals on their merits, we deny respondent's motion. On December 10, 2001, Ms. Delbosque filed a motion requesting a second extension of time to file the opening brief and appendix. We grant the motion. Appellant shall file and serve the opening brief and appendix by January 28, 2002. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 02-00769
01/14/2002MotionFiled Motion to Extend Time. 02-00943
01/22/2002Notice/IncomingFiled Notice of Change of Address. 02-01480
01/24/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: March 9, 2001. To Court Reporter: Court Reporter D. 02-01688
01/24/2002MotionFiled Motion to Extend Time. (Michelle Delbosque). 02-01690
01/28/2002TranscriptFiled Transcript. Proceedings: March 9, 2001. Court Reporter: Deborah S. Casper. 02-01870
02/11/2002MotionFiled Motion to Dismiss Appeal. 02-02661
03/01/2002Order/ProceduralFiled Order. Appellant Mr. Delbosque filed transcript request forms on July 30, 2001, and on January 24, 2002, requesting Transcript/Video Services to prepare and file a transcript of proceedings held on March 9, 2001. On December 3, 2001, appellant Ms. Delbosque filed a transcript request form requesting Transcript/Video Services to file and prepare a transcript of proceedings held on February 28, 2001. On January 28, 2002, Transcript/Video Services filed a transcript of proceedings held on March 9, 2001. From a review of the district court minutes it appears that no proceedings were held on February 28, 2001. Accordingly, unless notified in writing by the parties within 10 days from the date of this order, we will assume that all necessary transcripts for this appeal have been prepared and filed. We deny as moot Transcript/Video Services' January 14, 2002, motion for an extension of time to file transcripts. Both appellants shall file and serve their respective opening briefs and appendices within 20 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(2). We deny as moot, Ms. Delbosque's motion January 24, 2002, motion for an extension of time to file an opening brief and appendix. We note that neither of the two transcript request forms filed by Mr. Delbosque was initially accompanied by a certificate of service. Mr. Delbosque has failed to file a certificate of service for the transcript request form filed on January 24, 2002. The requested transcript having been filed, we waive the requirement to file a certificate of service for that transcript request form. We admonish counsel for Mr. Delbosque for failing to comply with the procedural rules and orders of this court and caution that such failure in the future may lead to the imposition of sanctions. On February 11, 2002, respondent filed a motion to dismiss this appeal due to the appellants' failure to file opening briefs. Because this court prefers to decide cases on the merits, and in light of the new briefing schedule set forth in this order, we deny that motion. 02-03782
03/22/2002BriefFiled Opening Brief. Opening Brief of Michelle L. Delbosque. Mailed on: 03/20/02. Signed by: David C. Amesbury. 02-05141
03/22/2002AppendixFiled Appendix to Opening Brief. Appellant Michelle Delbosque's Appendix. 02-05142
03/25/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: March 9, 2001. To Court Reporter: Department D. 06/13/02 Order-fn1: no action will taken on this transcript request form. 02-05245
04/11/2002AppendixReceived Appendix to Answering Brief. 02-06426
04/19/2002MotionFiled Motion to Extend Time. 02-07019
06/13/2002Order/ProceduralFiled Order. On April 1, 2002, appellant Michael Joe Delbosque submitted an untimely opening brief and appendix. We elect to treat the motion for an extension of 2 days as a motion for leave to file an untimely brief and appendix, and we grant the motion. The clerk shall file the opening brief and appendix received on April 1, 2002, as well as the answering brief and appendix received on April 11, 2002, and the reply brief received on April 29, 2002. fn1[On March 25, 2002, Mr. Delbosque filed a deficient transcript request form. We conclude all necessary transcripts have been filed with this court, and waive the requirements of NRAP 9(a) with respect to Mr. Delbosque for this appeal. No action will be taken on that transcript request form.] 02-10262
06/13/2002BriefFiled Opening Brief. Appellant Michael Joe Delbosque. Mailed on: 03/28/02. 02-05779
06/13/2002AppendixFiled Appendix to Opening Brief. Appellant Michael Joe Delbosque. 02-05780
06/13/2002BriefFiled Answering Brief. Mailed on: Interdepartmental mail-No postmark. 02-06425
06/13/2002AppendixFiled Appendix to Answering Brief. 02-06426
06/13/2002BriefFiled Reply Brief. Appellant Michael Joe Delbosque. Mailed on: 04/26/02. 02-07499
07/08/2002Case Status Update Briefing Completed. No reply brief filed for Michelle Delbosque.
12/13/2002Order/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. 02-21307
12/13/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP03-MS/ML/NB.
02/04/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP03-MS/ML/NB 03-01869
03/04/2003RemittiturIssued Remittitur. 03-02067
03/04/2003Case Status Update Remittitur Issued/Case Closed.
03/17/2003RemittiturFiled Remittitur. Received by County Clerk on March 6, 2003. 03-02067