| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 01/27/2004 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Alan J. Buttell & Associates, LLC--check no. 232. | | |
| 01/27/2004 | Notice of Appeal Documents | Filed 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.) | | 04-01633
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| 01/28/2004 | Motion | Filed Motion to Dismiss Appeal. | | 04-01831
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| 01/30/2004 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Janet Trost. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 02/19/2004 | Other | Returned Unfiled Document. | | |
| 03/09/2004 | Order/Procedural | Filed Order. On February 19, 2004, appellant submitted an untimely docketing statement. Because the docketing statement was hand-written and not typed, it was returned to appellant, unfiled, along with a notice indicating that a motion for an extension of time must accompany an untimely docketing statement. On February 27, 2004, appellant submitted an untimely, typed docketing statement without a motion for an extension of time. Appellant shall, within 10 days from the date of this order, file and serve a motion for extension of time to file the untimely docketing statement. See NRAP 14(d). Failure to comply timely with this order may result in the imposition of sanctions. On January 28, 2004, respondent filed a motion to dismiss this appeal. On February 23, 2004, appellant submitted an untimely opposition to respondent's motion without a motion for an extension of time to file the untimely document. fn1[We direct the clerk of this court to return, unfiled, appellant's untimely opposition.] We deny respondent's motion. This denial is without prejudice to respondent's right to renew the motion, if necessary, upon completion of settlement proceedings. | | 04-04465
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| 03/09/2004 | Notice/Outgoing | Issued Letter. to attorney Alan J. Buttell. Returned unfiled, the original "Response to Motion to Dismiss received on February 23, 2004." | | |
| 03/29/2004 | Notice/Incoming | Filed Substitution of Attorneys. Bruce I. Shapiro in the place and stead of Alan J. Buttell. | | 04-05859
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| 04/14/2004 | Notice/Incoming | Filed Proof of Service. Certificate of Telephonic Facsimile Transmission (of Substitution of Attorneys). | | 04-06917
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| 05/05/2004 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 42703/43048-cases are not consolidated. | | 04-08255
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| 05/06/2004 | Order/Procedural | Filed Order. On February 27, 2004, attorney Alan J. Buttell submitted an untimely docketing statement on behalf of appellant without a motion for extension of time. On March 9, 2004, this court entered an order that directed appellant to file, within 10 days, a motion for extension of time to file the docketing statement. That order cautioned appellant that failure to comply timely might result in the imposition of sanctions. On March 29, 2004, a 'Substitution of Attorneys' was filed in which Bruce I. Shapiro was substituted as appellant's attorney of record in place of Mr. Buttell. To date a motion for extension of time to file the untimely docketing statement has not been filed. In light of the substitution of attorneys for appellant, and in the interest of judicial economy, we elect to waive the requirement that appellant file a motion for extension of time to file the docketing statement. The clerk shall file the docketing statement received on February 27, 2004. On April 14, 2004, appellant filed a 'Certificate of Telephonic Facsimile Transmission' indicating that the 'Substitution of Attorneys' was served on respondent's counsel, Marshal S. Willick, via facsimile on April 1, 2004. The Nevada Rules of Appellate Procedure do not allow proof of service to be made via facsimile. Nevertheless, in the interest of judicial economy, we waive the requirement that appellant file an amended certificate of service that complies with the rule. See NRAP 2. | | 04-08396
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| 05/06/2004 | Docketing Statement | Filed Docketing Statement. | | 04-03753
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| 05/10/2004 | Motion | Filed Motion to Extend Time. | | 04-08627
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| 05/12/2004 | Order/Procedural | Filed Order. Consolidating Appeals, Reinstating Briefing and Directing Appellant to File a Docketing Statement in docket No. 43048. We conclude that in the interest of judicial economy, these appeals should be consolidated. Accordingly, we consolidate these appeals for all appellate purposes. See NRAP 3(b). The parties were unable to agree to a settlement in these matters. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve a single opening brief and appendix, addressing the issues raised in both appeals. Briefing shall proceed in accordance with NRAP 31(a)(1). To date, appellant has failed to file the docketing statement in Docket No. 43048. Appellant shall have 10 days from the date of this order to file and serve the docketing statement. Pursuant to order of this court entered May 6, 2004, the untimely docketing statement in Docket No. 42703 was filed on May 6, 2004. Accordingly, we deny as moot appellant's motion to extend the time to file the docketing statement. Nos. 42703/43048. (04-08827) | | 04-08827
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| 05/27/2004 | Motion | Filed Motion to Dismiss Appeal. Nos. 42703/43048 | | 04-09803
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| 06/01/2004 | Notice/Incoming | Filed Proof of Service. --Receipt of Copy of Respondent's Motion to Dismiss Appeal. Nos. 42703/43048 | | 04-09964
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| 06/07/2004 | Motion | Filed Response to Motion. Nos. 42703/43048. | | 04-10488
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| 06/17/2004 | Motion | Filed Motion for Permission to File Document. Motion to Reply to Appellant's Opposition to Respondent's Motion to Dismiss. Nos. 42703/43048. | | 04-11098
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| 06/22/2004 | Order/Procedural | Filed Order. to date appellant has failed to file the required docketing statement. Appellant shall have 10 days from the date of this order to file and serve the docketing statement in Docket No. 43048. Appellant shall have 10 days from the date of this order to request transcripts in compliance with NRAP 9(a). We caution appellant's counsel that failure to comply timely with this order may result in the imposition of sanctions. Nos. 42703/43048 | | 04-11378
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| 07/13/2004 | Docketing Statement | Filed Docketing Statement. Filed in 43048. Nos. 42703/43048 (04-12675). | | |
| 07/29/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 08/21/03, 02/25/03, 06/10/03, and 12/19/03. To Court Reporter: Transcript Video Services. Nos. 42703/43048. | | 04-13836
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| 07/29/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Supplemental Request. Transcripts requested: 07/10/03, 09/10/03, and 10/08/03. To Court Reporter: Transcript Video Services. Nos. 43048/42703. | | 04-13837
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| 08/23/2004 | Transcript | Filed Transcript. Proceedings: Tuesday, February 25, 2003 (D293005); Tuesday, June 10, 2003 (D293005); July 10, 2003 (D293005); Thursday, August 21, 2003 (D167710); Wednesday, September 10, 2003 (D293005); Wednesday, October 8, 2003 (D293005); Friday, December 19, 2003 (D293005/D167710). Supervisor Transcript Video Services: Shelly A. Ajoub. Nos. 42703/43048. (04-15221). | | 04-15221
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| 09/13/2004 | Brief | Filed Opening Brief. Nos. 42703/43048. | | 04-16703
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| 09/13/2004 | Appendix | Filed Joint Appendix. Vols. 1 through 3. Nos. 42703/43048. | | 04-16704
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| 10/04/2004 | Motion | Filed Motion to Extend Time. Nos. 42703/43048. | | 04-18298
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| 10/12/2004 | Motion | Filed Response to Motion. Nos. 42703/43048. | | 04-18863
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| 10/20/2004 | Notice/Incoming | Filed Errata. (Opposition to Motion to an Extension of Time to file Answering Brief.) Nos. 42703/43048. | | 04-19375
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| 05/23/2005 | Notice/Incoming | Filed Notice of Change of Address. Bruce I. Shapiro. Nos. 42703/43048. | | 05-10165
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| 05/25/2005 | Order/Procedural | Filed Order Granting Motion. to file reply. We defer ruling on the motion to extend time for filing an answering brief until respondent has had an opportunity to file a reply to the response to the motion to dismiss. Respondent shall have 20 days from the date of this order to file a reply. We suspend briefing pending further order of this court. Nos. 42703/43048. (05-10243) | | 05-10243
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| 06/16/2005 | Notice/Incoming | Filed Proof of Service. Receipt of Copy of Respondent's Reply to Appellant's Opposition to Motion to Dismiss Appeals. Nos. 42703/43048. | | 05-11917
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| 06/17/2005 | Motion | Filed Reply to Response. Reply to Appellant's Opposition to Motion to Dismiss Appeals. Nos. 42703/43048. (05-12020) | | 05-12020
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| 08/25/2005 | Order/Incoming | Filed District Court Order. Certified copy of Order filed in district court on October 10, 2003 (filed via fax). Nos. 42703/43048. | | 05-16840
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| 08/25/2005 | Notice/Outgoing | Issued Letter. to Clark County Clerk to transmit certified copy of Order filed October 10, 2003. Nos. 42703/43048. | | |
| 08/29/2005 | Order/Procedural | Filed Order. Order Dismissing Appeal (Docket No. 43048) and Allowing Appeal to Proceed (Docket No. 42703). These consolidated appeals concern two separate district court orders granting motions for nunc pro tunc entry of two different divorce decrees. Respondent has filed a motion to dismiss these appeals for lack of jurisdiction; appellant opposes respondent's motion, and respondent has filed a reply. Because the February 2004 order bifurcated the McClintock divorce proceedings and property issues remain unresolved, the February order is not final, and this court lacks jurisdiction to consider the appeal. Accordingly, we dismiss the appeal as to Docket No. 43048, and we allow the appeal in Docket No. 42703 to proceed. We reinstate briefing in Docket No. 42703. Respondent shall have 30 days from the date of this order to file and serve the answering brief. Appellant may file and serve any reply brief within 30 days from the date that the answering brief is served. No extensions of time to this briefing schedule will be granted absent extreme and unforeseeable circumstances. We deny Kelly's request for attorney fees and sanctions. fn10[In light of this order we deny as moot respondent's motion for an extension of time in which to file an answering brief. The Honorable Miriam Shearing, Senior Justice, and the Honorable Deborah A. Agosti, Senior Justice, participated in the decision of the matter under a general order of assignment entered on July 14, 2005.] Nos. 42703/43048 – cases are no longer consolidated. | | 05-17081
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| 09/06/2005 | Order/Incoming | Filed District Court Order. Certified copy of order filed in district court on October 10, 2003. Nos. 42703/43048-cases are not consolidated. | | 05-17559
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| 09/30/2005 | Brief | Filed Answering Brief. | | 05-19442
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| 11/02/2005 | Motion | Filed Stipulation and Order. Brief due: November 7, 2005. | | 05-21638
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| 11/10/2005 | Brief | Filed Reply Brief. | | 05-22251
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| 05/26/2006 | Order/Procedural | Filed Order/Submit on Briefs. 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. | | 06-11187
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| 05/26/2006 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH | | |
| 07/20/2006 | Opinion/Dispositional | Filed Authored Opinion. 'Reversed.' Before Maupin, Gibbons and Hardesty, JJ. Author: Gibbons, J. We concur: Maupin and Hardesty, JJ. 122 Nev. Adv. Op. No. 73. SNP06 | | 06-15052
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| 07/28/2006 | Other | Returned Mail. Opinion issued 07/20/06 addressed to Judge Gaston remailed to Eight Judicial District, Dept F. | | |
| 08/15/2006 | Remittitur | Issued Remittitur. | | 06-16601
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| 08/15/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 08/21/2006 | Remittitur | Filed Remittitur. Received by County Clerk on August 17, 2006. | | 06-16601
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