judyrecords
search tips
750 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

STATE, HUMAN RESOURCES VS. DIST. CT.

Case Information: 36893
Short Caption:STATE, HUMAN RESOURCES VS. DIST. CT.Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - J70301Classification:Original Proceeding - Civil - Other
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/19/2000Filing Fee Filing Fee Waived.
10/19/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 00-18567
10/19/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: August 16, 2000. To Court Reporter: Transcript Video Services. 00-18568
10/20/2000Notice/OutgoingIssued Notice of Modification of Caption.
10/20/2000Notice/OutgoingIssued Notice to Transmit Required Document. Findings of Fact, Conclusions of Law and Order filed September 12, 2000. (The copy received by this office was incomplete.) Due Date: 10 days
11/02/2000Docketing StatementFiled Docketing Statement. 00-19302
11/03/2000Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of Findings of Fact, Conclusions of Law and Order filed in district court on: September 12, 2000. 00-19324
11/13/2000TranscriptFiled Transcript. Proceedings: August 16, 2000. Court Reporter: Deborah Casper. 00-19833
01/18/2001Order/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 in this appeal shall be suspended pending further order of this court. 01-01176
02/20/2001MotionFiled Response to Order to Show Cause. 01-03210
03/23/2001Order/ProceduralFiled Order/Briefing Reinstated. We conclude that we have jurisdiction over this appeal from the September 12, 2000 order. Appellant shall have 60 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)(1). 01-05169
05/22/2001BriefFiled Opening Brief. Mailed on: Hand delivered 05/22/01. 01-08604
05/22/2001AppendixFiled Joint Appendix. 01-08605
06/27/2001Order/ProceduralFiled Order/Show Cause. Response due from the Division: 20 days from the date of this order. Further if the Division cannot demonstrate that it was a party to the proceedings below, it shall address whether this court should elect to treat it's appeal as a petition for extraordinary relief. We note that the minor is not listed as a party on this court's docket. If J.I. is an interested party to these proceedings and should be listed as a party on this court's docket. J.I.'s counsel shall so inform this court within 20 days from the date of this order. The briefing schedule is suspended pending further order of this court. 01-10889
07/16/2001MotionFiled Response to Order to Show Cause. (Department of Human Resources) 01-12086
06/07/2002Order/ProceduralFiled Order/Answer Writ Petition. Order Construing Appeal as Petition for Extraordinary Relief and Directing Answer. After the Division of Child and Family Services filed its opening brief and appendix, it appeared that this court lacked jurisdiction over the Division's appeal because the Division was not a party to the district court proceedings, and had no standing to appeal from the September 2000 order. Thus, this court ordered the Division to show cause why this appeal should not be dismissed for lack of jurisdiction. This court also stated that if the Division could not demonstrate that it was a party to the proceedings below, it should address whether its appeal may be treated as a petition for extraordinary relief, in the interest of judicial efficiency. fn 2 [This court also ordered the minor's counsel to inform this court within twenty days whether the minor is an interested party to these proceedings and should be listed as a party on this court's docket. No response has been submitted. Accordingly, the minor shall not be added to the caption on this court's docket.] Having considered the Division's response, we conclude that the Division was not a party with standing to appeal from the district court's order. This court's rules extend the right to appeal only to aggrieved parties. Therefore, we lack jurisdiction over this appeal. Nevertheless, we conclude that the Division may challenge the district court's order through a petition for extraordinary relief. In the interest of judicial efficiency, we elect to treat the Division's opening brief and joint appendix as a petition for extraordinary relief. The Division shall have ten days from the date of this order in which to serve the petition on the respondent district judge pursuant to NRAP 21(a), file proof of such service with the clerk of this court, and file an affidavit in support of the petition pursuant to NRS 34.170 or NRS 34.330 with the clerk of this court. The clerk of this court shall correct the caption to reflect that the petitioner is the Division, and the respondents are the Eighth Judicial District Court, Family Court Division and Robert E. Gaston, District Judge. The respondents shall have thirty days from the date of this order in which to file and serve an answer to the petition. The Division shall thereafter have twenty days from service of the answer in which to file and serve any reply. 02-09974
06/17/2002Notice/IncomingFiled Proof of Service. --Certificate of Mailing of Petition to District Judge Gaston. 02-10477
06/17/2002Petition/WritFiled Affidavit in Support of Petition for Writ. 02-10479
09/11/2002Order/ProceduralFiled Order/Answer Writ Petition. To date, respondents have not filed an answer. Respondents shall have an additional 30 days from the date of this order to file an answer to the petition. It appears that the Clark County district Attorney is representing the respondent district judge in this matter. However, if the respondent judge will be filing a response on his own behalf, he shall so notify this court within 10 days from the date of this order. Petitioner shall have 20 days from service of the answer in which to file and serve any reply. Respondents are cautioned that failure to respond to this order may be construed as a confession of error. 02-15736
09/23/2002MotionFiled Motion to Extend Time. Petition for Extension of Time and Affidavit of Respondent in Support of Petition. 02-16416
09/25/2002MotionFiled Motion. Request for Clarification. 02-16643
09/26/2002MotionFiled Response to Motion. 02-16712
09/30/2002Notice/IncomingFiled Proof of Service. Response to Petition for Extension of Time. 02-16882
10/03/2002MotionFiled Response to Motion. Response to Request for Clarification. 02-17126
10/28/2002MotionFiled Motion. Motion for Leave of Court to Appear through Private Attorney, and for Order Dismissing Petition as Moot or Alternatively Extending the Time to File Answer. 02-18512
11/07/2002MotionFiled Motion. Motion for enlargement of time and opposition to motion for leave of court to appear through private counsel, and for order dismissing petition as moot or alternatively extending the time to file answer. 02-19254
02/05/2003Order/DispositionalFiled Order Dismissing Petition. fn1[This matter began as an appeal, and after determining that we lacked jurisdiction over the appeal, we construed the appeal as a petition for extraordinary relief on June 7, 2002.] On October 28, 2002, respondents moved to dismiss this petition as moot. We grant respondents' motion and ' . . . dismiss this petition as moot.' fn6[In light of our order, we deny a moot respondents' September 23, 2002 petition for extension of time and October 28, 2002 motion to appear through private counsel and motion for extension of time, petitioner's November 7, 2002 motion for enlargement of time, and the Clark County District Attorney's September 25, 2002 request for clarification.] SNP03-MS/ML/NB 03-01965
03/04/2003RemittiturIssued Notice in Lieu of Remittitur. 03-02094
03/04/2003Case Status Update Remittitur Issued/Case Closed.