search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 40807
Short Caption:SWINDELL VS. KRAYCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D269076Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/31/2003 / Richitt, E.SP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:06/30/2004How Submitted:On Briefs

+ Party Information

Docket Entries
01/17/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Gayle Nathan--check no. 2154.
01/17/2003Notice 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.) 03-00973
01/31/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: E. Paul Ritchitt, Jr. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/18/2003MotionFiled Motion to Extend Time. 03-02714
02/20/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed February 18, 2003. The clerk shall file the docketing statement received on February 18, 2003. 03-02835
02/20/2003Docketing StatementFiled Docketing Statement. 03-02715
02/20/2003Notice/Outgoing Letter. E. Paul Ritchitt, Jr. (docketing statement)
02/27/2003MotionFiled Respondent's Opposition to Appellant's Motion to Extend the Time to File Docketing Statement and Countermotion to Clarify Case Appeal Statement Respresentation of Facts. 03-21765
03/10/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-04015
04/14/2003Order/ProceduralFiled Order. Denying Reconsideration and Reinstating Briefing. On February 27, 2003, respondent filed a document entitled 'Respondent's Opposition to Appellant's Motion to Extend the Time to File Docketing Statement and Countermotion to Clarify Case Appeal Statement Representation of Facts.' We elect to treat the opposition as a motion for reconsideration of our February 20, 2003, order. We deny the motion for reconsideration of our February 20, 2003, order. In respondent's countermotion, we note that appellant paid the filing fee with the docketing of this appeal is not proceeding in forma pauperis. Thus it appears the alleged misrepresentation is moot. We deny respondent's request. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a). Because this is a child custody matter, appellant shall have 90 days to file and serve opening brief and appendix. Respondent shall have 20 days from service of the opening brief to file and serve the answering brief. Appellant shall have 10 days from service of the answering brief to file and serve the reply brief. 03-06214
05/15/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 09/26/03 10/10/02. and To Court Reporter: Shelly Ajoub. 03-08291
05/15/2003MotionFiled Motion to Extend Time. (Shelly Ajoub). 03-08293
05/20/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed May 15, 2003. Court recorder Shelly A. Ajoub shall have until June 26, 2003, to file and serve the requested transcripts. 03-08473
06/09/2003TranscriptFiled Transcript. Proceedings: October 10, 2002. Court Reporter: Alice E. Eastgate. 03-09603
07/11/2003Notice/IncomingFiled Receipt of Copy for transcript. 03-21766
07/14/2003BriefFiled Opening Brief. 03-11836
07/14/2003AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. 03-11837
07/23/2003Other Other. Received Table of Contents to Opening Brief. ( Attached to brief in its proper place.)
07/31/2003BriefFiled Answering Brief. 03-12919
07/31/2003MotionFiled Motion. Appellant's Motion for Leave to File a Motion in the Famly Court for an Order Modifying Visitation while an Appeal on Custody Issues is Pending. 03-12928
08/18/2003MotionFiled Stipulation. 03-13769
09/26/2003Order/ProceduralFiled Order. To date, court reporter Shelly A. Ajoub has not filed the requested transcript for proceedings held on September 26, 2002, with this court. Instead, it has been included in volume 2 of appellant's appendix. We note that the copy of the transcript in appellant's appendix indicates a June 3, 2003, district court filing date. This appeal was docketed in this court on January 17, 2003. Accordingly, Ms. Ajoub was required to file the original transcript in the district court and a certified copy in this court. Furthermore, the transcript should not have been included in the appendix. However, in the interest of judicial economy, we waive the requirements of NRAP 9(b), 10(b) and 30(b)(1). Ms. Ajoub is no longer obligated to file a certified copy of the transcript with this court. We admonish Ms. Ajoub for her failure to file the requested transcript with this court. 03-16126
03/22/2004Order/ProceduralFiled Order. The parties have filed a stipulation to extend the time to file the reply brief. The stipulation is treated as a joint motion for an extension of time. Cause appearing, we grant the motion. The clerk of this court shall file the reply brief received on August 18, 2003. Appellant has moved for an order directing 'the lower Court to hear [her] Motion to Modify Visitation.' Appellant further represents that the district court is not inclined to resolve her motion on the merits unless she seeks a stay from this court or complies with the remand procedures set forth in Huneycutt v. Huneycutt, 94 Nev. 79, 575 P.2d 585 (1978). Appellant also requests attorney fees in the amount of $1,000.00. No good cause appearing, we deny appellant's motion to direct 'the lower Court to hear [her] Motion to Modify Visitation' and request for attorney fees. We note, however, that pursuant to NRAP 8, a request for a stay pending appeal ordinarily must first be requested in the district court. We further note that pursuant to the remand procedures set forth in Huneycutt v. Huneycutt, 94 Nev. 79, 575 P.2d 585 (1978), the parties must provide this court with an order of the district court certifying its inclination to grant the parties' requested relief. Finally, we note that, generally, 'a timely notice of appeal divests the district court of jurisdiction to act and vests jurisdiction in this court.' However, this court has allowed district courts to grant relief while the case was on appeal where the issue is 'entirely collateral to and independent from that part of the case taken up by appeal, and in no way affected the merits of the appeal.' 04-05369
03/22/2004BriefFiled Reply Brief. 03-13770
06/30/2004Order/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. 04-12064
06/30/2004Case Status Update Submitted for Decision.
07/01/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP04-NB/DA/MG 04-12092
07/20/2004Filing Fee Filing Fee due.
07/20/2004Post-Judgment PetitionFiled Petition for Rehearing. 04-13145
07/20/2004Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. (Rehearing fee.) Due Date: 10 days
07/27/2004Other Returned Unfiled Document. Pursuant to NRAP 40(d).
07/29/2004Filing FeeReceived Filing Fee Paid on Filing. $150 from Gayle Nathan-check no. 00016.
09/02/2004Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). NNP04-NB/DA/MG 04-16028
09/28/2004RemittiturIssued Remittitur. 04-16343
09/28/2004Case Status Update Remittitur Issued/Case Closed.
10/06/2004RemittiturFiled Remittitur. Received by County Clerk on September 30, 2004. 04-16343