Combined Case Information: 86191-COA & 86191
Short Caption:	ELMORE VS. HERRIN (CHILD CUSTODY)	Court:	Court of Appeals & Supreme Court
		Related Case(s):	86191
Lower Court Case(s):	Churchill Co. - Tenth Judicial District - 22-10DC-0667	Classification:	Civil Appeal - Family Law - Pro Bono Program/Child Custody
Disqualifications:		Case Status:	Case Closed
Replacement:		Panel Assigned:	Panel
To SP/Judge:		SP Status:
Oral Argument:	01/25/2024 at 1:30 PM	Oral Argument Location:	Las Vegas
Submission Date:	01/25/2024	How Submitted:
	Expedited

+ Party Information
Role	Party Name	Represented By
Appellant	Heavenly Hope Elmore	Madeleine Coles (Ballard Spahr LLP/Las Vegas) Joel E. Tasca (Ballard Spahr LLP/Las Vegas)
Respondent	Bryce Drew Herrin	Christopher P. Burke (Law Office of Christopher P. Burke)

Docket Entries
Date	Type	Description	Pending?	Document
03/06/2023	Filing Fee	Filing Fee Paid. Money Order for $250.00 from Heavenly Elmore. Money Order No. 22-003754740. (SC)
03/06/2023	Notice of Appeal Documents	Filed Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. (SC)		23-06664
03/06/2023	Notice/Outgoing	Issued Notice Regarding Deadlines/Fast Track Child Custody. (SC)		23-06669
03/20/2023	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 10/31/22, 01/26/23. To Court Reporter: none listed. (SC).		23-08543
03/28/2023	Docketing Statement	Filed Proper Person Docketing Statement Civil Appeals. (SC).		23-09418
03/31/2023	Order/Procedural	Filed Order Regarding Pro Bono Counsel and Directing Transmission of Record. Counsel will be appointed for purposes of this appeal only and will participate in oral argument. This case is hereby referred to the program established by the Pro Bono Committee to evaluate whether appellant and/or respondent can benefit from the program. Accordingly, 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. If appellant and/or respondent qualifies and does not object to pro bono counsel, the Legal Aid Center in cooperation with the Pro Bono Committee shall locate a volunteer attorney from the program to represent appellant and/or respondent. Once an attorney is located, the attorney shall file a notice of appearance in this court within 60 days from the date of this order. Briefing and oral argument will be scheduled thereafter. Alternatively, if appellant and/or respondent is not financially eligible or objects to pro bono representation, or if a volunteer attorney cannot be located, the Legal Aid Center of Southern Nevada shall notify this court in writing within 60 days from the date of this order. In such case, oral argument will not be held. The deadlines for filing documents in this appeal shall be suspended pending further order of this court. This court has further concluded that review of the complete record is warranted. Accordingly, within 30 days from the date of this order, the clerk of the district court shall transmit to the clerk of this court a certified copy of the trial court record in District Court Case No. 22-10DC-0667. (SC)		23-09934
04/05/2023	Fast Track Brief	Filed Appellant's Pro Se Child Custody Fast Track Statement. (SC)		23-10445
04/18/2023	Record on Appeal Documents	Filed District Court Record on Appeal Case No. 22-10DC-0667. (SC)		23-11910
04/19/2023	Record on Appeal Documents	Filed SEALED District Court Documents. Document: General Financial Disclosures. Dates: 07/25/22, 08/29/22, and 11/10/22. (SC)
05/01/2023	Fast Track Brief	Filed Respondent's Fast Track Response. (SC)		23-13537
05/26/2023	Motion	Filed Legal Aid Center of Southern Nevada's Motion to Extend Time - Notice to the Court Regarding Eligibility and Pro Bono Counsel. (SC)		23-16719
06/01/2023	Notice/Incoming	Filed Respondent's Notice of Appearance of Pro Bono Counsel for Christopher P. Burke. (SC)		23-17244
06/01/2023	Notice/Incoming	Filed Appellant's Notice of Appearance of Pro Bono Counsel for Joel E. Tasca. (SC)		23-17248
06/05/2023	Order/Procedural	Filed Order Reinstating Briefing. Attorney Joel E. Tasca of Ballard Spahr, LLP has filed a notice of appearance as appellant's pro bono counsel, and attorney Christopher P. Burke of the Law Office of Christopher P. Burke has filed a notice of appearance as respondent's pro bono counsel. Accordingly, this court sets forth the following schedule for the requesting of transcripts and briefing in this appeal. Appellant shall have 14 days from the date of this order to determine the transcripts necessary for a review of this appeal and to file either a transcript request form or a certification that no transcripts are requested under NRAP 9(a). As appellant is now a client of a program for legal aid, see NRS 12.015(1)(b), appellant's counsel is directed to follow NRS 12.015(3) for obtaining any necessary transcripts at county expense. Appellant shall have 90 days from the date of this order to file and serve the opening brief. See NRAP 28; NRAP 30; NRAP 31(a)(2). Thereafter, briefing shall proceed in accordance with NRAP 31(a)(2). fn1[The Legal Aid Center of Southern Nevada's motion for an extension of time to allow counsel to file a notice of appearance is granted.] (SC)		23-17604
06/20/2023	Notice/Incoming	Filed Appellant's Notice of Transcript Request. (REJECTED PER NOTICE ISSUED 6/21/23) (SC)
06/21/2023	Notice/Outgoing	Issued Notice of Rejection of Deficient Transcript Request. (SC)		23-19559
06/29/2023	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 10/31/22 and 01/26/23. To Court Reporter: JAVS Audio-Video. (SC)		23-20801
06/29/2023	Motion	Filed Appellant's Motion to Extend Time to File Transcript Request Form. (SC)		23-20803
07/10/2023	Order/Procedural	Filed Order Granting Motion. Appellant's motion for an extension of time to file the transcript request form is granted. The transcript request form was filed on June 29, 2023. (SC)		23-21922
08/31/2023	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Appellant's opening brief due: September 19, 2023. (SC)		23-28569
09/19/2023	Brief	Filed Appellant's Opening Brief. (SC)		23-30734
09/19/2023	Appendix	Filed Appellant's Appendix to Opening Brief. (SC)		23-30735
10/11/2023	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Respondent's answering brief due: October 24, 2023. (SC)		23-33130
10/18/2023	Brief	Filed Respondent's Answering Brief. (SC)		23-33932
11/08/2023	Brief	Filed Appellant's Reply Brief. (SC)		23-36483
11/09/2023	Case Status Update	Briefing Completed/To Screening. (SC)
11/27/2023	Notice/Outgoing	Issued Notice of Transfer Case to Court of Appeals. (SC).		23-38251
11/27/2023	Case Status Update	Transferred from Supreme Court. (COA).
11/27/2023	Case Status Update	Transferred to Court of Appeals. (SC).
12/04/2023	Order/Procedural	Filed Order Scheduling Oral Argument. This matter is scheduled for oral argument on January 25, 2024, at 1:30 p.m. in Las Vegas. The argument shall be limited to 30 minutes. (COA)		23-39234
01/18/2024	Notice/Incoming	Filed Appellant's Notice of Appearance for Madeleine Coles for Oral Argument. (COA)		24-01977
01/19/2024	Notice/Incoming	Filed Respondent's Notice of Appearance for Christopher Burke for Oral Argument. (COA)		24-02061
01/25/2024	Case Status Update	Oral argument held this day. Case submitted for decision. Before the Court of Appeals. (COA)
01/30/2024	Order/Dispositional	Filed Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND." fn3[Pending further proceedings on remand, we leave in place the current custody arrangement. See Davis, 131 Nev. at 455, 352 P.3d at 1146 (leaving certain provisions of a custody order in place pending further proceedings on remand). To the extent that Elmore requested at oral argument that we order the district court to hold a new evidentiary hearing prior to making its findings, we conclude that the district court will have discretion to determine if such a hearing is necessary on remand.] COA-MG/BB/DW (COA)		24-03465
01/30/2024	Order/Dispositional	Filed Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND." fn3[Pending further proceedings on remand, we leave in place the current custody arrangement. See Davis, 131 Nev. at 455, 352 P.3d at 1146 (leaving certain provisions of a custody order in place pending further proceedings on remand). To the extent that Elmore requested at oral argument that we order the district court to hold a new evidentiary hearing prior to making its findings, we conclude that the district court will have discretion to determine if such a hearing is necessary on remand.] COA-MG/BB/DW (SC)
02/26/2024	Case Status Update	Transferred to Supreme Court.(COA)
02/26/2024	Case Status Update	Transferred from Court of Appeals.(SC)
02/26/2024	Case Status Update	Case Closed.(COA)
02/26/2024	Remittitur	Issued Remittitur.(SC)		24-06778
02/26/2024	Case Status Update	Remittitur Issued/Case Closed.(SC)
03/13/2024	Remittitur	Filed Remittitur. Received by County Clerk on 03/01/24. (SC)		24-06778