Sharkey Vs. Stapleton (Child Custody) ( 2021 )


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    Case Information: 81477
    Short Caption:SHARKEY VS. STAPLETON (CHILD CUSTODY)Court:Supreme Court
    Lower Court Case(s):Clark Co. - Eighth Judicial District - D551240Classification:Civil Appeal - Family Law - Child Custody/Proper Person
    Disqualifications:Case Status:Disposition Filed
    Replacement:Justice Stiglich for Justice CadishPanel Assigned: Panel
    To SP/Judge:SP Status:
    Oral Argument:Oral Argument Location:
    Submission Date:How Submitted:

    + Party Information
    RoleParty NameRepresented By
    AppellantJames Theodore SharkeyDayvid J. Figler (McLetchie Law)
    RespondentAndrea StapletonEdward R. Miley (Former) (Miley Law Firm)
    Hannah E. Winston (Robison, Sharp, Sullivan & Brust)

    + Due Items
    Due DateStatusDue ItemDue From
    12/13/2021OpenRemittitur

    Docket Entries
    DateTypeDescriptionPending?Document
    07/20/2020Filing FeeAppeal Filing Fee Waived. In Forma Pauperis. (SC)
    07/20/2020Notice of Appeal DocumentsFiled Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. (SC)20-26449
    07/20/2020Notice/OutgoingIssued Notice Regarding Deadlines/Fast Track Child Custody. (SC)20-26462
    07/22/2020Notice of Appeal DocumentsFiled Confidential Civil Cover Sheet. (SC)
    08/06/2020Order/ProceduralFiled Order Regarding Pro Bono Counsel and Directing Transmission of Record on Appeal. The clerk of this court shall transmit a copy of this order and the attached case summary to the Legal Aid Center of Southern Nevada for financial eligibility screening. Appellant's Notice of Appearance or LACSN's Notice due: 60 days. Record on Appeal due: 30 days. The deadlines to file documents in this appeal are suspended pending further order of this court. (SC)20-28964
    08/13/2020Record on Appeal DocumentsFiled Record on Appeal - D551240 - VOL 1 - PART 1. (SC)20-29970
    08/13/2020Record on Appeal DocumentsFiled Record on Appeal - D551240 - VOL 2 - PART 1. (SC)20-29979
    08/13/2020Record on Appeal DocumentsFiled Record on Appeal - D551240 - VOL 3 - PART 1. (SC)20-29981
    08/21/2020Record on Appeal DocumentsFiled Record on Appeal pages 9-14, 19-21, 22-23, 102-109, 120-127, 138-140, 158-160, 251-266, 267, 268-269, and 315-322. (SEALED). (SC).
    08/24/2020Notice/IncomingFiled Respondent's Rule 46 Notice of Withdrawal as Counsel of Record. (SC)20-31171
    08/27/2020Order/ProceduralFiled Order Granting Motion to Withdraw and Regarding Pro Bono Counsel. The clerk shall remove Edward R. Miley as counsel of record for respondent. The clerk of this court shall transmit a copy of this order and the attached case summary to the Legal Aid Center of Southern Nevada for financial eligibility screening. Notice of Appearance for Respondent or LACSN's Notice due: 60 days. (SC)20-31660
    10/05/2020Notice/IncomingFiled Notice of Appearance. Dayvid Figler for appellant. (SC)20-36550
    10/05/2020Notice/IncomingFiled Statement of Legal Aid Representation for Appellant (Pursuant to NRS 12.015). (SC)20-36553
    10/26/2020MotionFiled Pro Bono Project of Legal Aid Center of Southern Nevada's Notice of Determination of Eligibility for Pro Bono Representation and Request for Extension of Time. (SC)20-39192
    11/03/2020Order/ProceduralFiled Order Regarding Counsel, Granting Motion, and Reinstating Briefing. The clerk shall add attorney Dayvid Figler as counsel of record for appellant. The Legal Aid Center of Southern Nevada shall have until November 30, 2020, to locate volunteer counsel to represent respondent in this appeal. Appellant: Transcript Request Form due: 14 days; Opening Brief due: 90 days. (SC)20-39956
    11/24/2020Notice/IncomingFiled Notice of Appearance of Pro Bono Counsel (Hannah E. Winston as counsel for respondent). (SC)20-42809
    11/25/2020Order/ProceduralFiled Order. The clerk shall add attorney Hannah Winston of Robison, Sharp, Sullivan & Brust as counsel of record for respondent. Appellant shall have 7 days from the date of this order to file and serve either a transcript request form or a certification that no transcripts will be requested. (SC)20-42955
    12/08/2020Order/ProceduralFiled Notice of Voluntary Disclosure. You are hereby notified that the law firm of Robison, Sharp, Sullivan & Brust previously represented me in an unrelated matter for which I (Justice James Hardesty) do not believe disqualification is required. The undersigned makes this disclosure, however, so that any party who believes disqualification is appropriate may file a motion to disqualify pursuant to NRAP 35. Any motion to disqualify must be made in writing within seven (7) days of the filing date of this voluntary disclosure. (SC)20-44505
    01/21/2021MotionFiled Appellant's Motion for Extension of Time to File Request for Transcripts (First Request). (SC)21-01744
    01/26/2021Order/ProceduralFiled Order Granting Motion. Appellant shall have until February 1, 2021, to serve and file, in this court, a file-stamped copy of the transcript request form filed in the district court. (SC)21-02397
    02/01/2021Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 02/05/20 and 06/30/20. To Court Reporter: Video Court Transcript Services. (SC)21-02995
    02/02/2021MotionFiled Appellant's Motion for Extension of Time to File Opening Brief and Appendix (First Request). (SC)21-03113
    02/03/2021Order/ProceduralFiled Order Granting Motion. Appellants shall have until March 18, 2021, to file and serve the opening brief and appendix. (SC)21-03295
    03/16/2021TranscriptFiled Notice from Court Reporter. Sherry Justice stating that the requested transcripts were delivered. Dates of transcripts: 02/05/20; 06/30/20. (SC)21-07634
    03/18/2021AppendixFiled Appendix to Opening Brief. (SC)21-07905
    03/18/2021BriefFiled Appellant's Opening Brief. (SC)21-07915
    03/21/2021Notice/IncomingFiled Errata to Appellant's Opening Brief. (SC)21-08078
    03/23/2021TranscriptFiled Notice from Court Reporter. Sherry Justice stating that the requested transcripts were delivered. Dates of transcripts: February 5, 2020 and June 30, 2020. (SC)21-08295
    04/15/2021BriefFiled Respondent's Answering Brief. (SC)21-10948
    05/17/2021Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's reply brief due: June 1, 2021. (SC)21-14148
    06/01/2021MotionFiled Appellant's Motion for Extension of Time to File Reply (First Written Request). (SC)21-15582
    06/08/2021BriefFiled Appellant's Reply Brief. (SC)21-16298
    06/09/2021Order/ProceduralFiled Order. Appellant has filed a motion for a second extension of time to file the reply brief. The motion is granted. The reply brief was filed on June 8, 2021. (SC)21-16531
    06/09/2021Case Status UpdateBriefing Completed/To Screening. (SC)
    09/21/2021Order/ProceduralFiled Order of Limited Remand. Having considered James' arguments on appeal and the appellate record, we conclude that the interests of judicial economy and efficiency warrant a limited remand. We remand the matter for the limited purpose of allowing the district court to enter an order that includes its findings supporting termination. District court's written order due: 30 days. fn2 [The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.] (SC)21-27258
    10/14/2021Order/IncomingFiled District court order. Certified copy of the Amended Order Terminating Parental Rights filed October 13th. 2021 in district court. (SC)21-29507
    11/16/2021Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn1[The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.] JH/LS/MG (SC)21-32900

Document Info

Docket Number: 81477

Filed Date: 11/16/2021

Precedential Status: Precedential

Modified Date: 12/6/2021