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Combined Case Information: 84255 & 84255-COA
Short Caption:CUNNING VS. CUNNINGCourt:Supreme Court & Court of Appeals
Related Case(s):84255-COA, 89716
Lower Court Case(s):Clark Co. - Eighth Judicial District - D602653Classification:Civil Appeal - Family Law - Proper Person
Disqualifications:LeeCase Status:Remittitur Issued/Case Closed
Replacement:None for Justice LeePanel Assigned: En Banc
To SP/Judge:02/28/2022 / Shirinian, AraSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/18/2022Filing FeeFiling Fee due for Appeal. (SC)
02/18/2022Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SEALED) (SC)
02/18/2022Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 7 days. (SC)22-05496
02/24/2022Filing FeeE-Payment $250.00 from F. Peter James. (SC)
02/24/2022Notice/OutgoingIssued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. Docketing Statement mailed to counsel for appellant - due: 21 days. (SC)22-06084
02/25/2022Notice/IncomingFiled Respondent's Notice of Appearance for Shannon R. Wilson. (SC)22-06220
02/25/2022Notice/IncomingFiled Respondent's Notice of Appearance for Stewart Fitts. (SC)22-06221
02/28/2022Order/ProceduralFiled Order Adding Counsel. The clerk of this court shall add attorneys Shannon R. Wilson and Stewart C. Fitts of the law firm Hutchison & Steffen, PLLC as co-counsel for respondent. (SC)22-06387
02/28/2022Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Ara H. Shirinian. (SC)22-06446
03/17/2022Docketing StatementFiled Docketing Statement: Civil Appeals. (SC)22-08584
03/18/2022Notice of Appeal DocumentsFiled District Court Exhibit List. (Sealed) (SC)
03/21/2022Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for April 6, 2022, at 10:00 am. (SC).22-08894
04/22/2022MotionFiled Respondent's Motion to Dismiss Untimely Components of Appeal. (SC)22-12857
04/25/2022Order/ProceduralFiled Order Denying Motion. Respondent has filed a motion requesting this court to dismiss untimely components of this appeal for lack of jurisdiction. The motion is denied. This denial is without prejudice to respondent's right to renew the motion, if necessary, upon completion of settlement proceedings. (SC)22-12964
05/10/2022Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC)22-14796
05/11/2022Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 14 days transcript request; 90 days opening brief and appendix. (SC)22-14927
05/20/2022MotionFiled Respondent's Motion to Dismiss Untimely Components of Lisa Messing's Appeal. (SC)22-16048
05/25/2022MotionFiled Appellant's Motion to Stay Transcript and Briefing Deadline. (SC)22-16687
05/25/2022Notice/IncomingFiled Appellant's Errata to Motion to Stay Transcript and Briefing Deadline. (SC)22-16689
05/26/2022MotionFiled Appellant's Response to Motion to Dismiss. (SC)22-16878
06/01/2022MotionFiled Respondent's Notice of Non-Opposition to Appellant's Motion to Stay Transcript and Briefing Deadline. (SC)22-17378
06/01/2022MotionFiled Respondent Charles Cunning's Reply in Support of his Motion to Dismiss Untimely Components of Lisa Messing's Appeal. (SC)22-17385
09/22/2022Order/ProceduralFiled Order. The motion to dismiss is denied without prejudice to this court's right to reconsider the jurisdictional issues as this appeal proceeds. Appellant shall have 7 days from the date of this order to file and serve the transcript request form, and shall have 60 days from the date of this order to file and serve the opening brief and appendix. (SC)22-29791
09/29/2022Notice/IncomingFiled Notice Proof of Transcript Request. (REJECTED PER NOTICE ISSUED 9/29/22) (SC)
09/29/2022Notice/OutgoingIssued Notice of Rejection of Deficient Transcript Request. (SC)22-30589
09/30/2022Notice/IncomingFiled Notice Proof of Transcript Request. (REJECTED PER NOTICE ISSUED 9/30/22) (SC)
09/30/2022Notice/OutgoingIssued Notice of Rejection of Deficient Transcript Request. (SC)22-30991
10/03/2022Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 3/31/20, 8/18/20, 2/9/21, 3/17/21, 4/6/21, 5/25/21, 9/1/21, 9/8/21, and 10/8/21. To Court Reporter: Verbatim Reporting and Transcription. (SC)22-31130
11/21/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's opening brief and appendix due: December 5, 2022. (SC)22-36552
11/23/2022TranscriptFiled Notice from Court Reporter. Maria Balagtas stating that the requested transcripts were delivered. Dates of transcripts: 3/31/20, 8/18/20, 2/9/21, 3/17/21, 4/6/21, 5/25/21, 9/1/21, 9/8/21, and 10/8/21. (SC)22-36835
12/05/2022MotionFiled Appellant's Motion for an Extension of Time to File Opening Brief and Appendix. (SC)22-38142
12/07/2022MotionFiled Respondent's Notice of Non-Opposition to Appellant's Motion for an Extension of Time to File Opening Brief and Appendix. (SC)22-38503
12/12/2022Order/ProceduralFiled Order Granting Motion. Appellant shall have until February 3, 2023, to file and serve the opening brief and appendix. (SC)22-38931
12/27/2022OtherJustice Patricia Lee disqualified from participation in this matter. Disqualification Reason: Law Firms
02/01/2023MotionFiled Appellant's Motion to Withdraw as Counsel and to Extend Time for Briefing. (SC)23-03113
02/07/2023MotionFiled Proper Person Appellant's Motion for an Extension of Time to File Opening Brief and Appendix. (SC).23-03707
02/13/2023Order/ProceduralFiled Order Granting Motions and Directing Transmission of Record. Attorney F. Peter James of the Law Offices of F. Peter James, PLLC, has filed a motion to withdraw as counsel for appellant. The motion is granted. The clerk shall remove Mr. James and the Law Offices of F. Peter James, Esq., PLLC, as counsel of record for appellant. Appellant appears to intend to proceed pro se; she has filed a motion for an extension of time to file the opening brief in which she states she is proceeding pro se. Cause appearing, the motion for an extension is granted. Appellant's opening brief due: March 20, 2023. District court's record due: 30 days. fn1 [The request for an extension of time included in Mr. James' motion to withdraw as counsel is denied as moot.] fn2 [The clerk of this court shall mail appellant an informal brief form.] fn2 [The clerk of this court shall mail appellant an informal brief form.] (SC)23-04322
02/22/2023MotionFiled Proper Person Appellant's Permission to Submit an Appendix. (SC).23-05457
02/22/2023MotionFiled Proper Person Appellant's Exhibit Appendix to Permission to Submit an Appendix. (SC).23-05459
03/01/2023Record on Appeal DocumentsFiled Record on Appeal Volumes 1-21 (SEALED). (SC).
03/01/2023MotionFiled Respondent's Response to Motion for Permission To Allow An Appendix From Pro Se, A Recording, An Increase In Length Of The Opening Brief, And To Conceal Private. (SC)23-06170
03/03/2023Notice/IncomingFiled Respondent's Notice of NRAP 26.1 (b) Disclosure Statement. (SC)23-06573
03/06/2023MotionFiled Proper Person Lisa Messing's REDACTED Reply to Response to Motion for Permission to Allow an Appendix from Pro Se, a recording, an increase in length of the opening brief and to conceal private information. (SC)23-06675
03/09/2023Order/ProceduralFiled Order Regarding Motions. Appellant has filed a motion for leave to file an appendix, for an increase in the length of the opening brief, and to seal portions of the opening brief and all exhibits in the appendix. Respondent opposes the request to file documents under seal, and appellant has filed a redacted reply. The motion to file an appendix is denied. The clerk of this court shall return to appellant, unfiled, the exhibits received on February 22, 2023. Appellant's motion for leave to file an opening brief of no more than 60 pages is granted. Appellant has filed a motion to file a redacted opening brief and an unredacted opening brief under seal on the ground that the brief will include references to confidential medical information. The motion is denied without prejudice. Appellant asks this court to file under seal "all Exhibits in the Appendix due to the personal and medical issues contained therein." Appellant is not entitled to file an appendix. Accordingly, the motion is denied. Appellant also seeks to file "Exhibit 8," which appellant represents is a digital recording that was submitted to the district court. The motion is denied without prejudice to appellant's right to proceed pursuant to NRAP 10. (SC)23-07195
03/22/2023BriefFiled Appellant's Opening Brief. (SC)23-08873
03/22/2023MotionFiled Proper Person Motion "Exhibits and Transcript Needed for Appeal". (SC)23-08875
05/16/2023Order/ProceduralFiled Order. On March 22, 2023, appellant filed a document titled "Exhibits and Transcript Needed for Appeal." The complete district court record has been transmitted pursuant to this court's order entered February 13, 2022. This court has denied appellant's requests to file an appendix, and has denied without prejudice appellant's previous motion to file a digital recording. Accordingly, this court takes no action in regard to this document. (SC)23-15456
05/19/2023Other Incoming DocumentFiled Appellant's Proper Person Document. "Notice of Intention to Enter Default and Make Application for Default Judgement". (SC)23-15860
05/22/2023Order/ProceduralFiled Order. This court does not enter defaults or default judgments, and respondent is not required to file an answering brief unless directed to do so by this court. NRAP 46A(c). Accordingly, this court takes no action with regard to appellant's notice. (SC)23-16053
05/22/2023Case Status UpdateBriefing Completed/To Screening. (SC)
05/24/2023MotionFiled Appellant's Motion to Accept Supplemental Authorities. (SC)23-16365
05/24/2023BriefFiled Appellant's Supplemental Authorities. (STRIKEN PER 6/5/23 ORDER) (SC)
05/25/2023MotionFiled Proper Person's Motion to Use Trial Exhibits and Defendant's Deposition for Appeal. (SC)23-16505
06/01/2023MotionFiled Respondent's Response to Motion to Use Trial Exhibits and Deposition for Appeal. (SC)23-17301
06/02/2023Notice/IncomingFiled Respondent's Errata to the Certificate of Service for Response to Motion to Use Trial Exhibits and Deposition for Appeal. (SC)23-17470
06/05/2023Order/ProceduralFiled Order. Having reviewed the supplemental authorities filed on May 24, 2023, it appears appellant has included argument in violation of the limitations of the rule. Accordingly, the clerk of this court shall strike the supplemental authorities filed on May 24, 2023. Appellant's opposed motion for this court to order the transmission of trial exhibits and deposition testimony is denied. This court's review on appeal is limited to the record considered by the district court and matters outside that record will be disregarded. (SC)23-17599
06/30/2023Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals. (SC)23-20955
06/30/2023Case Status UpdateTransferred from Supreme Court. (COA).
06/30/2023Case Status UpdateTransferred to Court of Appeals. (SC).
07/18/2023MotionFiled Appellant's Proper Person Motion to Transfer Case Back to the Supreme Court of Nevada. (COA)23-22915
07/25/2023MotionFiled Respondent's Opposition to Appellant's Motion to Transfer Back to the Supreme Court of Nevada. (COA).23-23831
07/26/2023Notice/IncomingFiled Respondent's Certificate of Service for Opposition to Motion. (COA)23-23949
08/02/2023MotionFiled Proper Person Appellant's Reply to Response to Appellant's Motion to Transfer Case Back to the Supreme Court of Nevada. (COA).23-24834
08/07/2023Order/ProceduralFiled Order Denying Motion. Appellant has filed a motion to transfer this appeal back to the supreme court on the ground that it allegedly involves an amount over $250,000. The motion is denied. (COA)23-25412
10/02/2023MotionFiled Proper Person Motion to Accept Supplemental Authorities. (COA)23-32222
10/09/2023MotionFiled Respondent's Response to Motion to Accept Supplemental Authorities. (COA)23-32976
11/01/2023Order/ProceduralFiled Order. Appellant has filed supplemental authorities pursuant to NRAP 31(e). This court concludes that appellant has not complied with the limitations of the rule as she identifies over two dozen cases, statutes, and other supplemental authorities that were available to her when she filed her opening brief and does not state concisely and without argument the legal proposition for which each supplemental authority is cited. Accordingly, the clerk of this court shall return, unfiled, the supplemental authorities received on October 2, 2023. (COA)23-35521
11/08/2023MotionFiled Proper Person's Motion to Amend Opening Brief. (COA)23-36422
11/15/2023MotionFiled Respondent's Response to Motion to Amend Opening Brief. (COA)23-37153
11/28/2023MotionFiled Proper Person's Reply to Response to Motion to Amend Opening Brief. (COA)23-38477
12/04/2023Order/ProceduralFiled Order Denying Motion. Appellant has now filed a motion to amend her opening brief, indicating that she wishes to file a new opening brief with "concisely cited and referenced legal authorities." Although the appellate courts have occasionally permitted prompt and non-substantive amendments to briefs (such as to correct minor typographical errors), appellant has not demonstrated good cause to permit her contemplated amendment at this time. Accordingly, the motion is denied. (COA)23-39071
05/03/2024Order/DispositionalFiled Order Affirming in Part and Reversing in Part. "We reverse the portion of the supplemental decree of divorce providing Chris an additional $3,500 reimbursement for the two 2000 Honda XRs awarded to him in the divorce decree and affirm the remainder of the district court's orders." COA-MG/BB/DW (COA)24-15700
05/03/2024Order/DispositionalFiled Order Affirming in Part and Reversing in Part. "We reverse the portion of the supplemental decree of divorce providing Chris an additional $3,500 reimbursement for the two 2000 Honda XRs awarded to him in the divorce decree and affirm the remainder of the district court's orders." COA-MG/BB/DW (SC)
05/06/2024Case Status UpdateTransferred to Supreme Court. (COA)
05/06/2024Case Status UpdateTransferred from Court of Appeals. (SC)
05/06/2024Case Status UpdateCase Closed. (COA)
05/06/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's petition for review due: June 4, 2024. (SC)24-15777
05/09/2024MotionFiled Proper Person (Lisa Messing) Motion to Request Increased Document Length Following NRAP 40B(d): Petition for Review by the Supreme Court, Content and Form of Petition. (SC)24-16322
05/24/2024Order/ProceduralFiled Order Granting Motion. Appellant has filed a pro se motion for leave to file a petition for review in excess of 10 pages. The motion is granted. Appellant shall have until June 4, 2024, to file and serve a petition for review not exceeding 20 pages. (SC)24-18281
06/06/2024Post-Judgment PetitionFiled Appellant's Pro Per Petition for Review. (SC)24-19883
06/07/2024Notice/IncomingFiled Proper Person Errata to the Petition for Review by the Supreme Court of Nevada(SC)24-19990
06/18/2024Post-Judgment Order/DispositionalOrder Denying Petition for Review. "Review denied." NRAP 40B. fn1 [The Honorable Patricia Lee, Justice, did not participate in the decision in this matter.] En Banc. (SC).24-21211
06/18/2024RemittiturIssued Remittitur. (SC)24-21226
06/18/2024Case Status UpdateRemittitur Issued/Case Closed. (SC)
06/28/2024MotionFiled Proper Person Motion to Recall the Remittitur of Petition for Review. (SC)24-22593
06/28/2024MotionFiled Proper Person Motion to Clarify Denial of Petition for Review. (SC)24-22594
06/28/2024RemittiturFiled Remittitur. Received by District Court Clerk on 6/21/24. (SC)24-21226
07/18/2024MotionFiled Proper Person Motion to Clarify and Provide More Evidence to Support My Belief that Malfeasance Influenced the Outcome of this Case. (SC)24-25193
07/22/2024Order/ProceduralFiled Order Regarding Motions. Appellant now has filed motions to recall the remittitur and to clarify the order denying the petition for review. Appellant's motions to clarify, which largely appears to seek reconsideration of the appeal's disposition, are denied. No cause appearing, appellant's motion to recall the remittitur is denied. (SC)24-25478