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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 38989
Short Caption:CASTLE VS. SIMMONSCourt:Supreme Court
Lower Court Case(s):Elko Co. - Fourth Judicial District - 29903Classification:Civil Appeal - Family Law - Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:01/10/2002 / Worrell, CarolynSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:05/07/2003How Submitted:On Briefs

+ Party Information

Docket Entries
12/28/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from David D. Loreman--check no. 007235.
12/28/2001Notice 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.) 01-21827
01/10/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell. (Briefing and preparation of transcripts suspended pending further order of this court.)
01/11/2002Docketing StatementFiled Docketing Statement. (Copy of docketing statement mailed to settlement judge.) 02-00825
01/16/2002MotionFiled Motion. Motion for Stay and Order Shortening Time. 02-01116
01/16/2002MotionFiled Response to Motion. Opposition to Motion for Stay and Opposition to Motion for Order Shortening Time. 02-01129
01/17/2002Notice/IncomingFiled Errata. Errata to the Opposition to Motion for Stay and Opposition to Motion for Order Shortening Time (affidavit of Michelle Rodriguez). 02-01200
02/04/2002Notice/IncomingFiled Notice. Notice from Court Reporter Tia Lange regarding transcripts. 02-02221
03/13/2002Order/ProceduralFiled Order Denying Motion. Order Denying Stay. Having reviewed the motion and opposition, we are not persuaded that a stay is warranted at this time. We deny appellant's motion. 02-04567
04/11/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-06493
05/01/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. 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 after service of the opening brief to file and serve the answering brief. Appellant shall have 10 days after service of the answering brief to file and serve the reply brief. Fn1[On February 4, 2002, court reporter Tia H. Lange filed a notice indicating that appellant did not serve her with a copy of the transcript request form and did not pay the appropriate deposit as required under NRAP 9. We note that the January 10, 2002 notice of a settlement conference suspended the time for filing a request for transcripts under NRAP 9. 02-07663
05/28/2002Notice/IncomingFiled Notice. Notice of Transcript Deposit. 02-09236
06/20/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 6/1/01, 8/21/01, 11/15/01, 11/27/01-11/30/01. To Court Reporters for Dept's 1 and 2. 02-10718
07/18/2002TranscriptFiled Transcript. Proceedings: 8/21/01, 11/15/01, 11/28/01, 11/29/01, 11/30/01. Court Reporter: Tia Lange. 02-12292
07/18/2002MotionFiled Motion to Extend Time. Appellant's Motion for Extension of Briefing Schedule. 02-12330
07/22/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed July 18, 2002. Appellant shall ave until August 29, 2002, to file and serve the opening brief and appendix. No further extensions shall be granted absent unforeseeable circumstances justifying an extension of time. NRAP 31(a)(2). 02-12464
08/29/2002Order/ProceduralFiled Order. Our review of the district court records indicates that the hearing conducted on June 1, 2001 was not reported and the no proceedings were conducted on November 27, 2001. Accordingly, we conclude that Ms. Lange need not produce transcripts for these dates. We further conclude that all requested transcripts have been filed with this court. 02-14954
09/03/2002BriefFiled Opening Brief. Mailed on: UPS 08/30/02. 02-15174
09/03/2002AppendixFiled Appendix to Opening Brief. 02-15175
09/23/2002BriefFiled Answering Brief. Mailed on: Hand Delivered 09/23/02. 02-16472
09/23/2002AppendixFiled Appendix to Answering Brief. 02-16474
10/09/2002BriefFiled Reply Brief. Mailed on: 10/09/02. 02-17473
10/09/2002AppendixFiled Appendix to Reply Brief. 02-17474
02/03/2003Order/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. 03-01785
02/03/2003Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP03-RR/WM/MG
05/07/2003Order/ProceduralFiled Order. for En Banc Consideration and Submitting for Decision Without Oral Argument. This matter was submitted for decision without oral argument to the Northern Nevada Panel on February 3, 2003. Upon further review, we have determined that en banc consideration of this appeal is warranted. This appeal shall stand submitted for decision without further argument to the En Banc Court as of the date of this order on the briefs filed herein. 03-07755
05/07/2003Case Status Update Submitted for Decision. To the En Banc Court.
04/01/2004Opinion/DispositionalFiled Authored Opinion. "Affirmed." fn1[This matter was submitted for decision by the seven-justice court. The Honorable Myron E. Leavitt, Justice, having died in office on January 9, 2004, this matter was decided by a six-justice court.] Before the Court En Banc. Author: Maupin, J. We concur: Shearing, C.J., Agosti, Rose, Becker, and Gibbons, JJ. 120 Nev. Adv. Opn. No. 15. EN BANC. 04-06028
04/27/2004RemittiturIssued Remittitur. 04-07056
04/27/2004Case Status Update Remittitur Issued/Case Closed.
05/13/2004RemittiturFiled Remittitur. Received by County Clerk on April 29, 2004. 04-07056