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United States Court Cases

Nevada Supreme/Appellate Court Record

LOFINK VS. LOFINK

Case Information: 34132
Short Caption:LOFINK VS. LOFINKCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D165167Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/07/1999 / Dentico, MichaelSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:07/08/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/03/1999Filing Fee Filing Fee due.
05/03/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 99-03490
05/03/1999Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
05/07/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Michael V. Dentico. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/10/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Clarence Edwin Gamble-check no. 5370.
06/16/1999MotionFiled Motion to Extend Time. 99-05221
06/23/1999Order/Clerk'sFiled Clerk's Order. The docketing statement provisionally submitted on June 10, 1999, shall be filed, forthwith. 99-05451
06/23/1999Docketing StatementFiled Docketing Statement. 99-04937
06/23/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: June 29, 1999. 99-05508
07/19/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: July 30, 1999. 99-06448
07/27/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 99-06827
07/29/1999Notice/Outgoing Letter.
08/05/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: 9/1/99. 99-07205
09/07/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-08372
09/09/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Clarence E. Gamble for Supplement Notice of Appeal filed on 07/27/99.
09/28/1999Order/ProceduralFiled Order. Pursuant to NRAP 16(g), the settlement judge has filed a report indicating that the parties were unable to agree to a settlement of this matter. Nevertheless, the time deadlines for requesting and preparing transcripts and briefing shall remain suspended pending a jurisdictional review of this appeal and futher order of this court. 99-09240
09/30/1999Order/ProceduralFiled Order/Show Cause. Appellant shall have 30 days from the date of this order to show cause why this appeal should not be dismissed for lack of jurisdiction. The briefing schedule and ordering of transcripts in this appeal shall remain suspended pending further order of this court. 99-09359
11/05/1999MotionFiled Motion to Extend Time. Motion for Extension of Time in Which to Reply to Order to Show Cause. 99-10918
11/29/1999Order/ProceduralFiled Order Extending Time. Appellant shall have 10 days from the date of this order to file a response to the order to show cause. If appellant does not submit a response within that time, the appeal will be immediately dismissed. 99-11895
12/13/1999MotionFiled Response to Order to Show Cause. Mailed on: 12/8/99. 99-12531
01/13/2000Order/ProceduralFiled Order/Briefing Reinstated. This court has jurisdiction to consider this child custody appeal. Appellant: 15 days to comply with NRAP 9(a); opening brief and appendix due: 90 days. Respondent shall have 20 days from service of the opening brief to file and serve the answering brief. Appellant shall then have 10 days from service of the answering brief to file and serve any reply brief. NRAP 31(a)(2). Extensions of this briefing schedule will be granted only by court order in extraordinary cases that present unforeseeable circumstances justifying an extension of time. 00-00563
03/13/2000Order/ProceduralFiled Order/Show Cause. Appellant shall, within 10 days of this order, file and serve either a transcript request form or a certificate of no transcript request or show cause why this appeal should not be dismissed as abandoned. 00-03867
02/28/2001MotionFiled Motion to Dismiss Appeal. 01-03673
03/12/2001MotionReceived Proper Person Response. Opposition to Motion to Dismiss. 01-04408
04/23/2001Notice/IncomingFiled Notice of Appearance. Representing appellant: Bell, Lukens & Kent, and James S. Kent. 01-06852
04/23/2001MotionReceived Response to Motion. 01-06853
06/28/2001Order/ProceduralFiled Order. On February 28, 2001, respondent filed a motion to dismiss this appeal. On March 12, 2001, appellant Todd Aaron Lofink submitted a proper person opposition to respondent's motion to dismiss. Because we review appellant's opposition on the merits, we direct the clerk to file the opposition received on March 12, 2001. On April 23, 2001, attorney James S. Kent filed a notice of appearance as counsel for appellant and also submitted an opposition to respondent's February 28, 2001, motion to dismiss. We direct the clerk to file the opposition received on April 23, 2001. Because appellant has retained new counsel, we conclude that dismissal of this appeal as abandoned is not warranted at this time. We deny respondent's February 28, 2001, motion to dismiss. Appellant shall have 10 days from the date of this order to comply with NRAP 9(a) and 90 days to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(2). In appellant's counsel's opposition, Mr. Kent requests that this court return the files to the district court. A review of our records indicates that the district court has not transmitted the district court files to this court. All district court files pertaining to this appeal should be available from the district court. 01-11007
06/28/2001MotionFiled Proper Person Response. Opposition to Motion to Dismiss. 01-04408
06/28/2001MotionFiled Response to Motion. Opposition to Motion to Dismiss. 01-06853
07/13/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 5/29/96; 8/29/96; 12/17/96; 5/22/97; 7/15/97; 9/3/97; 9/4/97; 12/2/97; 8/24/98; 1/11-15/99; 1/22/99; 4/8/99 and 4/19/99. To Court Reporter: Transcript Video Services. 01-11906
08/02/2001Transcript RequestFiled Request for Transcript of Proceedings. (Amended). Transcripts requested: 9/4/97; 12/2/97; 8/24/98; 1/15/99 and 4/8/99. To Court Reporter: Transcript Video Services. 01-13104
09/27/2001TranscriptFiled Transcript. Proceedings: 09/04/97; 12/2/97; 08/24/98; 01/15/99; and 04/08/99. Court Reporter: Deborah S. Casper. 01-16318
09/28/2001MotionFiled Stipulation. 01-16399
10/17/2001Order/ProceduralFiled Order Granting Motion. filed September 28, 2001. Appellant shall have 10 days from the date of the filing of the requested transcripts to file and serve the opening brief and appendix. Court Reporter Casper shall have 10 days from the date of this order to file the December 2, 1997 transcripts. If the requested transcripts cannot be produced, Ms. Casper shall notify this court, in writing, of this fact. 01-17526
10/30/2001Order/ProceduralFiled Order. On October 17, 2001, we entered an order that directed court recorder Deborah S. Casper to prepare and file transcripts for court proceedings conducted on December 2, 2997. It appears that all requested transcripts were filed on September 27, 2001. We vacate that portion of our October 17, 2001, order, directing Ms. Casper to prepare and file transcripts for court proceedings conducted on December 2, 1997. Appellant shall have 10 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(2). 01-18170
11/13/2001BriefFiled Opening Brief. Mailed on: 11/9/01. 01-18975
11/14/2001Notice/OutgoingIssued Notice of Deficient Appendix. Corrected appendix due: 10 days.
11/29/2001AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 01-19985
12/07/2001MotionFiled Motion to Extend Time. 01-20599
12/19/2001Order/ProceduralFiled Order/Motion Granted in Part. On December 7, 2001, respondent filed a motion requesting an extension of time of 75 days to file the answering brief. We grant the motion in part. Respondent shall file and serve the answering brief by February 12, 2002. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 01-21372
02/19/2002MotionFiled Motion for Excess Pages. 02-03175
02/21/2002Order/ProceduralFiled Order Granting Motion. filed onf February 19, 2002. The clerk of this court shall file the 38-page answering brief and 251-page appendix received on February 19, 2002. Appellant shall have 10 days from the date of this order to file and serve a reply brief. 02-03287
02/21/2002BriefFiled Answering Brief. Mailed on: 02/13/02. Signed by Marshal S. Willick. 02-03177
02/21/2002AppendixFiled Appendix to Answering Brief. 02-03178
03/14/2002Case Status Update Briefing Completed. No reply brief filed.
03/15/2002BriefReceived Reply Brief. Mailed on: 03/13/02. Signed by: James S. Kent. Called for a motion to file late and a certificate of service. Due date: 10 days. 02-04733
03/15/2002AppendixReceived Appendix to Reply Brief. 02-04736
03/21/2002MotionFiled Motion. Motion to Accept Reply Brief. 02-05056
03/25/2002Order/ProceduralFiled Order Granting Motion. filed March 21, 2002. NRAP 31(a)(2). The clerk shall file the reply brief and appendix to reply brief received on March 15, 2002. 02-05254
03/25/2002BriefFiled Reply Brief. Mailed on: 03/15/02. Signed by: James S. Kent. 02-04733
03/25/2002AppendixFiled Appendix to Reply Brief. 02-04736
07/08/2002Order/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. 02-11557
07/08/2002Case Status Update Submitted for Decision.
09/10/2002Order/DispositionalFiled Order of Affirmance. We conclude that attorney James Kent's failure to comply with NRAP 28(a)(4) and 28(e) in his opening brief to this court warrants a sanction in the sum of $250.00. James Kent shall personally pay the sum of $250.00 to the Supreme Court Law Library, and shall provide proof of such payment to the clerk of this court within 15 days from the date of this order. If Kent fails to comply with this order, further sanctions will be imposed. "ORDER the judgment of the district court AFFIRMED." NNP02-MS/RR/NB 02-15633
10/08/2002RemittiturIssued Remittitur. 02-15803
10/08/2002Case Status Update Remittitur Issued/Case Closed.
10/21/2002RemittiturFiled Remittitur. Received by County Clerk on October 10, 2002. 02-15803