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United States Court Cases

Nevada Supreme/Appellate Court Record

BENAVIDEZ VS. BENAVIDEZ-SMITH

Case Information: 33909
Short Caption:BENAVIDEZ VS. BENAVIDEZ-SMITHCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D191043Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/26/1999 / Brown, JaniceSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

Party Information
RoleParty NameRepresented By
AppellantDavid H. BenavidezDavid H. Benavidez
RespondentLuann R. Benavidez-SmithJohn Marriner Eccles (Law Offices of Gary S. Lipsman)
Ethan M. Kottler (Law Offices of Gary S. Lipsman)

Docket Entries
DateTypeDescriptionPending?Document
03/18/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from David H. Benavidez--check no. 1761.
03/18/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 99-01962
03/26/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Janice J. Brown. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/29/1999Docketing StatementFiled Docketing Statement. 99-02262
03/29/1999MotionFiled Motion. Motion for Leave to Appeal in Proper Person. 99-02263
03/29/1999MotionFiled Motion for Stay. Appellant's Motion for Stay Pending Appeal. 99-02264
04/09/1999Notice/IncomingFiled Proof of Service. 99-02709
05/04/1999Order/ProceduralFiled Order. This is an appeal from two orders of the district court entered subsequent to the parties' divorce. Appellant has filed a motion for a stay of the two orders pending our resolution of this appeal. We grant appellant's motion. Pending our resolution of this appeal, the district court shall stay the enforcement of the orders filed on October 21, 1998, and March 2, 1999, only with respect to the provisions relating to the award of respondent's share of the equity in the parties' former marital residence. fn2[Since appellant is an attorney licensed in this state, he may represent himself on appeal without seeking leave of this court to appear in proper person. We deny his motion for leave to appeal in proper person]. 99-03580
05/24/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-04258
06/08/1999Order/ProceduralFiled Order. The parties were unable to agree to a settlement of this matter. Nevertheless, the briefing and request for transcripts shall remain suspended pending a jurisdictional review and further order of this court. 99-04786
07/08/1999Order/ProceduralFiled Order/Show Cause. It appears that this court lacks jurisdiction to consider this appeal with respect to the child custody award and the motion for reconsideration. Appellant shall have 30 days from the date of this order within which to demonstrate that this court has jurisdiction to consider this appeal. Briefing and preparation of transcripts shall remain suspended pending further order of this court. Response due: 08/09/99. 99-06031
08/02/1999MotionFiled Response to Order to Show Cause. 99-07065
08/11/1999Order/ProceduralFiled Order. Order to Show Cause and Partially Dismissing Appeal. We dismiss this appeal with respect to the child custody provision of the October 21, 1998, order. With respect to the March 2, 1999, order denying the motion for reconsideration, appellant shall have 20 days from the date of this order to demonstrate that this court has jurisdiction to review it. The briefing schedule and preparation of transcripts in this appeal shall remain suspended pending further order of this court. 99-07426
09/01/1999MotionFiled Response to Order to Show Cause. Appellant's Response to Order to Show Cause filed August 11, 1999. 99-08217
11/06/2000Order/ProceduralFiled Order. Order Partially Dismissing Appeal and Reinstating Briefing. We dismiss that portion of the appeal with respect to the March 2, 1999, order. The issues regarding the district court's determination that it had jurisdiction over a post-divorce contract between the parties regarding the martial residence, and the district court's determination as to the value of the marital residence and division thereof, remain to be resolved on appeal. Appellant shall have 90 days from the date of this order to file and serve the opening brief and appendix. 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. Appellant shall have 15 days from the date of this order to file a transcript request form or a certificate of no transcript request. 00-19507
01/23/2001Order/ProceduralFiled Order. To date, appellant has failed to file a transcript request form or notify this court that no transcripts are being requested. Appellant shall have 15 days from the date of this order to file and serve either a transcript request form or a certificate indicating that no transcripts are requested. Failure to comply timely with this order may result in the immediate dismissal of this appeal as abandoned. 01-01452
02/02/2001Transcript RequestFiled Certificate of No Transcript Request. 01-02212
02/06/2001BriefFiled Opening Brief. Mailed on: UPS 02/05/01. 01-02375
02/06/2001AppendixFiled Appendix to Opening Brief. 01-02385
02/20/2001Transcript RequestFiled Request for Transcript of Proceedings. Certificate re: Supplemental Transcript Request. 9/18/95, 8/10/98, 1/25/99. Transcripts requested will not be available to transcribe until February 20-21, 2001. 01-03205
02/26/2001BriefFiled Answering Brief. Mailed on: LV Drop Box 02/23/01. 01-03528
02/26/2001Letter/IncomingFiled Letter. from attorney David H. Benavidez regarding transcripts. 01-03573
03/02/2001Notice/IncomingFiled Proof of Service. Receipt of Copy of Respondent's Answering Brief. 01-03890
03/05/2001BriefFiled Reply Brief. Mailed on: 3/2/01. 01-03996
03/19/2001TranscriptFiled Transcript. Proceedings: 9/18/95; 8/10/98 and 01/25/99. Court Reporter: Deborah S. Casper. 01-04883
12/04/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 15, 2002, at 11:00 a.m. in Las Vegas. (SNP02-CY/DA/ML)
01/02/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
01/07/2002MotionFiled Stipulation/Dismiss Appeal. 02-00386
01/08/2002Order/DispositionalFiled Stipulated Dismissal. Pursuant to the stipulation of the parties and, cause appearing, " . . . this appeal is dismissed." fn1[The oral argument scheduled for January 15, 2002, is vacated.] NRAP 42(b). SNP/CLK 02-00492
01/08/2002Case Status Update Case Closed. No remittitur issued.