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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 35287
Short Caption:BALCH VS. MCAULIFFECourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9903570Classification:Civil Appeal - Family Law - Proper Person
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:12/27/1999 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
12/14/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from James Stone--check no. 1205.
12/14/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-12551
12/27/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
04/19/2000Settlement Program ReportFiled Interim Settlement Program Report. Determination of a failure to participate in good faith in the settlement conference process. 00-06257
04/19/2000MotionFiled Motion. Respondents' Motion for Sanctions. 00-06258
04/19/2000MotionFiled Motion. Recommendation for Sanctions that Appeal be Dismissed. 00-06259
05/11/2000Order/ProceduralFiled Order/Show Cause. Appellant shall have 15 days from the date of this order to show cause why this court should not act upon the settlement judge's determination and recommendation. 00-07810
06/16/2000Notice/IncomingFiled Notice. Notice of Appellant's Failure to Comply with Order to Show Cause. 00-10347
10/30/2000MotionFiled Motion. Request for Expedited Ruling on Settlement Judge's Recommendation for Sanctions that Appeal be Dismissed. 00-19092
11/21/2000Order/ProceduralFiled Order. Attorney James A. Stone's complete lack of cooperation with the settlement judge constitutes bad faith participation in the settlement conference process and warrants the imposition of sanctions. We decline to dismiss this appeal at this time. We direct attorney Stone to within 20 days from the date of this order, pay $1,000.00 to the Nevada Supreme Court Law Library and to file with the clerk of this court an affidavit or certificate verifying that payment has been made to the Supreme Court Law Library. We caution attorney Stone that failure to comply with this order in a timely manner may result in the imposition of additional sanctions. Cause appearing, this appeal shall proceed, as no settlement has been reached. Docketing Statement: 15 days; Transcript/No Transcript Request: 15 days; Opening Brief: 120 days. Thereafter briefing shall proceed in accordance with NRAP 31(a)(1). Fn1[We deny as moot respondents' April 19, 2000 motion for sanctions]. (docketing statement mailed to counsel for appellant). 00-20405
11/28/2000Other Other. The November 21, 2000, order address to James A. Stone was returned (no forwarding address). Remailed to Stone at the following address: 930 Glen Meadows Drive, Sparks, NV 89434. (Address supplied by State Bar of Nevada).
11/29/2000Other Other. A copy of the order filed November 21, 2000 sent by certified mail to Attorney James A. Stone has been returned to this office by the post office with moved left no address, unable to forward. It has been remailed by certified and regular mail to a more current address.
11/29/2000Order/Clerk'sFiled Clerk's Order. On November 21, 2000, this court entered an order imposing sanctions against attorney James A. Stone, pursuant to the settlement judge's recommendation. Respondents' October 30, 2000 motion for an expedited ruling on the settlement judge's recommendation for sanctions is denied as moot. 00-20876
12/19/2000Notice/IncomingFiled Notice. Statement of personal service of this court's November 21, 2000, order on James Stone submitted by attorney Eugene J. Wait. 00-22133
04/02/2001MotionFiled Motion to Dismiss Appeal. 01-05641
04/05/2001Order/ProceduralFiled Order. On November 21, 2000, this court entered an order that imposed sanctions against appellant's attorney James A. Stone. In light of attorney Stone's transfer to disability inactive status, we vacate that portion of our November 21, 2000, order imposing sanctions against attorney Stone. To date, appellant has not communicated with this court, nor has new counsel entered an appearance on behalf of appellant. We direct appellant to obtain new counsel and cause new counsel to enter an appearance in this court within 30 days of the date of this order. If appellant does not wish to proceed with this appeal, appellant shall, within the same time period, so inform this court. We caution appellant that failure to communicate with this court regarding his appeal may result in the immediate dismissal of this appeal as abandoned. The briefing schedule and any deadlines for filing the docketing statement and requesting and preparing transcripts shall be suspended pending further order of this court. 01-05884
05/17/2001MotionFiled Motion to Dismiss Appeal. Notice of Appellant's Failure to Comply with the Court's April 5, 2001 Order. 01-08282
07/09/2001Order/DispositionalFiled Order Dismissing Appeal. Because it appears that Mr. Balch has abandoned this appeal, " . . . we dismiss this appeal as abandoned." Because we dismiss this appeal as abandoned, we deny, as moot, respondents' motions to dismiss filed on April 2, 2001, and May 17, 2001. SNP01A/CY/ML/NB 01-11463
08/06/2001RemittiturIssued Remittitur. 01-11605
08/06/2001Case Status Update Remittitur Issued/Case Closed.
08/15/2001RemittiturFiled Remittitur. Received by County Clerk on August 7, 2001. 01-11605