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Combined Case Information: 88561 & 88561-COA
Short Caption:TAVARES VS. TAVARES (CHILD CUSTODY)Court:Supreme Court & Court of Appeals
Related Case(s):88042, 88218, 88218-COA, 88561-COA, 89316, 89473
Lower Court Case(s):Clark Co. - Eighth Judicial District - D623170Classification:Civil Appeal - Family Law - Fast Track Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:04/29/2024 / Jimmerson, JamesSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:
Expedited

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/26/2024Filing FeeFiling Fee Paid. $250.00 from Law Office of Emily McFarling, LLC. Check no. 1322. (SC)
04/26/2024Notice of Appeal DocumentsFiled SEALED Notice of Appeal/Fast Track. Filed certified copy of notice of appeal. (Docketing Statement mailed to Counsel for Appellant) (SC)
04/26/2024Notice/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. (SC)24-14678
04/29/2024Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: James J. Jimmerson. (SC)24-14768
04/30/2024Filing FeeFiling Fee due for Cross-Appeal. (SC)
04/30/2024Notice of Appeal DocumentsFiled SEALED Notice of Cross-Appeal. (SC)
04/30/2024Notice/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)24-15047
04/30/2024Filing FeeE-Payment $250.00 from Michael J. Warhola. (SC)
05/10/2024Docketing StatementFiled Appellant/Cross-Respondent's Docketing Statement. (SC)24-16491
05/21/2024Docketing StatementFiled Respondent/Cross-Appellant's Docketing Statement. (SC)24-17887
05/21/2024Settlement Program ReportFiled ECAR/Appropriate.
05/23/2024Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for July 31, 2024, at 9:00 AM. Case Nos. 88218/88561. (SC)24-18182
08/02/2024Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC).24-27291
08/14/2024Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated Pursuant to NRAP3E. The parties were unable to agree to a settlement. Appellant(s): 14 days transcript request; 40 days fast track statement and appendix. Respondent(s): 21 days from fast track statement to file fast track response. (SC)24-28720
08/27/2024Transcript RequestFiled Respondent/Cross-Appellant's Certificate of No Transcript Request. (SC)24-30870
08/29/2024Transcript RequestFiled Appellant/Cross-Respondent's Request for Rough Draft Transcript(s). Transcripts requested: 2/21/2023, 5/10/2023, 8/31/2023, 9/13/2023. Court Reporter: Transcript Video Service. (SC)24-31118
09/12/2024MotionFiled Respondent/Cross-Appellant's Motion for Relief Pursuant to Huneycutt. (STRICKEN PER ORDER FILED ON 9/13/24)(SC)
09/13/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Motion Relief Pursuant to Huneycutt. Corrected Motion due: 7 days from the date of this order. (SC)24-33741
09/13/2024MotionFiled Respondent/cross-appellant's Emergency Motion Under NRAP 27(e) For Relief Pursuant to Huneycutt. (SC)24-33851
09/16/2024Transcript RequestFiled Appellant/Cross-Respondent's Certificate of No Transcript Request. (SC)24-34172
09/16/2024MotionFiled Appellant/Cross-Respondent's Opposition to Respondent/Cross-Appellant's Emergency Motion under NRAP 27(e) for Relief Pursuant to Huneycutt.(STRICKEN PER ORDER FILED ON 9/17/24) (SC)
09/16/2024AppendixFiled Appellant/Cross-Respondent's Index of Appendix to Opposition to Respondent's Emergency Motion under NRAP 27(e) for Relief Pursuant to Huneycutt. (STRICKEN PER ORDER FILED ON 9/17/24) (SC)
09/16/2024AppendixFiled Appellant/Cross-Respondent's Appendix to Opposition to Respondent's Emergency Motion under NRAP 27(e) for Relief Pursuant to Huneycutt - Vol. 1.(STRICKEN PER ORDER FILED ON 9/17/24) (SC)
09/17/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Opposition to Emergency Motion for Relief Pursuant to Huneycutt. Corrected Opposition due: 3 days from the date of this order. (SC)24-34332
09/17/2024MotionFiled Appellant/Cross-Respondent's Opposition to Respondent's Emergency Motion Under NRAP 27(e) for Relief Pursuant to Huneycutt. (SC)24-34394
09/17/2024AppendixFiled Appellant/Cross-Respondent's Indexes to Appendix to Opposition to Respondent's Emergency Motion Under NRAP 27(e) for Relief Pursuant to Huneycutt. (SC)24-34395
09/17/2024AppendixFiled Appellant/Cross-Respondent's Appendix to Opposition to Respondent's Emergency Motion Under NRAP 27(e) for Relief Pursuant to Huneycutt - Vol. 1. (SC)24-34396
09/18/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant/cross-respondent's fast track opening brief and appendix due: September 30, 2024. (SC)24-34440
09/19/2024MotionFiled Respondent/Cross-Appellant's Reply to Opposition to Respondent's Emergency Motion Under NRAP 27(e) for Relief Pursuant to Huneycutt. (SC)24-34668
09/24/2024TranscriptFiled Notice from Court Reporter. Maria Balagtas stating that the requested transcripts were delivered. Dates of transcripts: 9/13/2023, 8/31/2023, 5/10/2023, and 2/1/2023. (SC)24-35339
09/24/2024MotionFiled Appellant/Cross-Respondent's Motion for Extension of Time to File Fast Track Opening Brief and Appendix. (SC)24-35400
10/04/2024Order/ProceduralFiled Order Granting Motion for Limited Remand. Cross-appellant has moved for a limited remand under NRAP 12A. Cross-appellant's motion for a limited remand is granted, and this matter is hereby remanded to the district court for the limited purpose of ruling on its motion to correct the April 15 order to reflect its intended custody schedule and findings. District court order due: 30 days. Briefing suspended. (SC)24-37278
11/08/2024Order/IncomingFiled (SEALED) Confidential District Court Order. Certified copy of NRCP 60(a) Order Correcting Clerical Error Post Limited Remand filed in district court on November 4, 2024. (SC)
12/03/2024Notice of Appeal DocumentsFiled Appellant/Cross-Respondent's SEALED Notice of Appeal/Amended/Supplemental. Amended NOA. (SC)
12/06/2024Filing FeeReturned Filing Fee. Check No. 1379 returned to Emily McFarling. (SC)
12/09/2024Order/ProceduralFiled Order Reinstating Briefing. The district court's resultant order was entered on November 4, 2024. No party having filed a motion to dismiss this appeal and cross-appeal as moot, and cross-appellant having filed a time amended notice of appeal, briefing in this appeal and cross-appeal is hereby reinstated. Briefing shall proceed on a parallel schedule under revised NRAP 3E(d). Appellant and cross-appellant shall each have 30 days from the date of this order to file and serve their fast track opening briefs and an appendix. Appellant and cross-appellant then shall have 21 days from service of the corresponding fast track opening brief to file and serve fast track answering briefs on appeal and cross-appeal. Any reply briefs are due within 14 days from service of the corresponding answering brief. (SC)24-46874
12/10/2024MotionFiled Joint Motion to Consolidate Child Custody Appeals (Case Nos. 88561 and 89473). (SC)24-47109
01/06/2025MotionFiled Respondent/Cross-Appellant's Motion (Stipulation) to Dismiss Cross-Appeal. (SC)25-00652
01/08/2025Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant/Cross-Respondent's fast track opening brief and appendix due: January 15, 2025. (SC)25-00945
01/14/2025MotionFiled Appellant/Cross-Respondent's Motion for Extension of Time to File Fast Track Opening Brief and Appendix. (SC)25-02015
01/17/2025Order/ProceduralFiled Order Dismissing Cross-Appeal and Granting Motion. The parties have filed a stipulation to dismiss the cross-appeal. Cause appearing, the stipulation is approved and respondent/cross-appellant's cross-appeal is dismissed. The clerk shall amend the caption accordingly. Briefing in the remaining appeal shall proceed in accordance with NRAP 3E(d), (e). Appellant's motion for a second extension of time to file the fast track opening brief and appendix is granted. NRAP 3E(g)(2)(C). Appellant shall have until March 14, 2025, to file and serve the fast track opening brief and appendix. (SC)25-02658
03/10/2025Order/ProceduralFiled Order Dismissing Appeal (Docket No. 89473) and Denying Motions to Consolidate. When this court's review of the docketing statement and other documents before the court revealed a potential jurisdictional defect regarding the appeal in Docket No. 89473, appellant was directed to show cause why that appeal should not be dismissed for lack of jurisdiction. Appellant and respondent timely filed responses to the show cause order. Appellant asserts that the appeal should not be dismissed because the district court exceeded the scope of its authority under NRCP 60(a), and thus the limited remand was ineffective. However, these are merits arguments and do not demonstrate this court's jurisdiction over the September 5 order. Respondent asserts that the appeal should be dismissed. As appellant has failed to demonstrate that this court has jurisdiction over the September 5 indicative order, the appeal in Docket No. 89473 is hereby dismissed. The appeal in Docket No. 88561 remains pending, with the fast track opening brief due on March 14, 2025, and appellant may raise any issues he has with the September 5 and November 4 orders in that appeal. In light of this order, the motions to consolidate these appeals are denied as moot. A25-RP/LB/LS (SC)25-10919
03/14/2025MotionFiled Appellant's Motion for Extension of Time to File Fast Track Opening Brief and Appendix. (STRICKEN PER ORDER FILED ON 3/17/25) (SC)
03/16/2025AppendixFiled Appellant's Index Volume to Appendix to Fast Track Opening Brief. (STRICKEN PER ORDER FILED ON 3/17/25)(SC)
03/16/2025AppendixFiled Appellant's Appendix to Opening Brief - Vols. 1-17. (STRICKEN PER ORDER FILED ON 3/17/25) (SC)
03/17/2025Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Motion for Extension of Time, Index to Appendix, and Volumes 1-17 of the Appendix. Corrected Motion due: 7 days from the date of this order along with all other documents. (SC)25-12034
03/17/2025MotionFiled Appellant's Motion to Extend Time to File Fast Track Opening Brief and Appendix. (SC)25-12066
03/17/2025AppendixFiled Appellant's Index to Appendix. Alphabetical and Chronological. (SC)25-12069
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol.1 Part 1. (SC)25-12070
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol.1 Part 2. (SC)25-12072
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 2. (SC)25-12073
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 3. (SC)25-12075
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 4. (SC)25-12080
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 5. (SC)25-12082
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 6. (SC)25-12083
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 7. (SC)25-12084
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 8. (SC)25-12085
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 9. (SC)25-12086
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 10. (SC)25-12087
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 11 (SC)25-12089
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 12. (SC)25-12090
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 13. (SC)25-12091
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 14. (SC)25-12093
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 15. (SC)25-12096
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 16. (SC)25-12097
03/17/2025AppendixFiled Appellant's Appendix to Fast Track Opening Brief. Vol. 17. (SC)25-12098
03/21/2025MotionFiled Appellant's Motion to Include Hearing Videos In Appendix In Addition to Transcripts. (SC)25-12984
03/21/2025MotionFiled Appellant's Motion for Permission to Enlarge The Type-Volume Limitation on Opening Brief and Fast Track Opening Brief (DEFICIENT - Pending Motion). (BRIEF DETACHED AND FILED PER 4/11/25 ORDER). (SC)25-13058
03/21/2025MotionFiled Appellant's Motion To Correct The Record. (SC)25-13061
03/21/2025MotionFiled Appellant's Motion for Permission to Enlarge The Type-Volume Limitation on Opening Brief and Fast Track Opening Brief (DEFICIENT - Pending Motion). (SC)25-13062
03/26/2025MotionFiled Respondent's Opposition to Appellant's Motion for Permission to Enlarge the Type-Volume Limitation on Opening Brief. (SC)25-13843
03/27/2025MotionFiled Respondent's Partial Opposition to Appellant's Motion to Include Hearing Videos in Appendix in Addition to Transcripts. (SC)25-14053
03/31/2025MotionFiled Appellant's Reply to Respondent's Opposition for Permission to Enlarge the Type-Volume Limitation on Opening Brief. (SC)25-14375
04/11/2025Order/ProceduralFiled Order Regarding Motions. Appellant has filed a motion requesting a third extension of time to file the fast track opening brief and appendix, and a motion to exceed the type-volume limitation for the brief. Respondent opposes the motion to exceed the type-volume limitation, and appellant has filed a reply. Cause appearing, the motions are granted. The clerk shall detach the fast track opening brief from the motion filed on March 21, 2025, and file it separately. Respondent shall have 21 days from the date of this order to file and serve the fast track answering brief. Appellant has filed a motion to include the videos of district court hearings in his appendix in addition to the transcripts of those hearings. The motion is granted to the following extent. The district court clerk shall have 14 days from the date of this order to transmit to this court the video recordings of hearings held on the following dates: February 21, 2023; May 10, 2023; August 31, 2023; September 13, 2023; September 22, 2023; November 17, 2023; and July 16, 2024. The clerk of this court shall return, unfiled, the appendix received on April 8, 2025. Appellant has filed an unopposed motion to correct the district court record. This court defers ruling on this motion pending receipt of the video recording of the proceedings held on November 17, 2023. (SC)25-16576
04/11/2025Fast Track BriefFiled Appellant's Fast Track Opening Brief. (STRICKEN PER ORDER FILED ON 4/28/25) (SC)
04/17/2025MotionFiled Appellant's Motion for Permission to File an Amended Opening Brief. (SC)25-17443
04/20/2025MotionFiled Respondent's Non-Opposition to Appellant's Motion for Permission to File an Amended Opening Brief and Respondent's Countermotion to Restart Time to File Answering Brief. (SC)25-17643
04/28/2025Order/ProceduralFiled Order Granting Motions and Directing Transmittal of Videos. Appellant's unopposed motion to file an amended fast track opening brief is granted to the following extent. Appellant shall have 7 days from the date of this order to file and serve an amended fast track opening brief that does not exceed 15,975 words. The clerk shall strike the fast track opening brief filed on April 11, 2025. Respondent's countermotion to restart the time to file the fast track answering brief is granted to the following extent. Respondent shall have 28 days from the date of this order to file and serve the fast track answering brief. This court's April 11, 2025, order directed the clerk of the district court to transmit to this court, by April 25, 2025, the video recordings of hearings held on the following dates: February 21, 2023; May 10, 2023; August 31, 2023; September 13, 2023; September 22, 2023; November 17, 2023; and July 16, 2024. To date, the clerk of the district court has failed to transmit these videos. The district court clerk shall have 7 days from the date of this order to transmit the video recordings of these hearing dates to this court. (SC)25-18763
05/05/2025Fast Track BriefFiled Appellant's Amended Fast Track Opening Brief. (SC)25-19762
05/05/2025AppendixFiled Appellant's Index Volume to Amended Appendix to Fast Track Opening Brief. (SC)25-19766
05/05/2025AppendixFiled Appellant's Amended Appendix to Fast Track Opening Brief- Vol. 7. (SC)25-19776
05/05/2025AppendixFiled Appellant's Amended Appendix to Fast Track Opening Brief- Vol. 10. (SC)25-19778
05/05/2025AppendixFiled Appellant's Amended Appendix to Fast Track Opening Brief- Vol. 11. (SC)25-19780
05/05/2025AppendixFiled Appellant's Amended Appendix to Fast Track Opening Brief- Vol. 12. (SC)25-19781
05/05/2025AppendixFiled Appellant's Amended Appendix to Fast Track Opening Brief- Vol. 13 Part 1. (SC)25-19795
05/05/2025AppendixFiled Appellant's Amended Appendix to Fast Track Opening Brief- Vol. 13 Part 2. (SC)25-19796
05/13/2025Order/ProceduralFiled Order Granting Motion. Appellant's motion to correct the record is granted. The district court shall amend the record as follows. The transcript of the November 17, 2023, hearing shall be amended at page 114, lines 6-12, to reflect the following: "So this is a reason I keep offering different options, not because I just want Liam to attend every school that I can just so I don't have to pay for his education. . . ." fn1 [The clerk shall return, unfiled, the USB drive received on April 2, 2025.] (SC)25-21400
05/20/2025Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent's fast track answering brief due: June 3, 2025. (SC)25-22470
06/03/2025BriefFiled Respondent's Answering Brief. (SC).25-30330
06/03/2025MotionFiled Respondent's Motion for Permission to to Enlarge The Type-Volume Limitation on Answering Brief. (SC)25-24708
06/06/2025TranscriptFiled Transcript. Proceedings: 11/17/2023 Court Reporter: Maria Balagtas. (SC)25-25173
06/17/2025Order/ProceduralFiled Order Granting Motion. Respondent's unopposed motion for leave to file a fast track answering brief in excess of the type-volume limitation is granted. NRAP 3E(f); NRAP 32(a)(7)(A)(ii), (D). The fast track answering brief was filed on June 3, 2025. Respondent shall have 14 days from the date of this order to file and serve a fast track reply brief. (SC)25-26839
07/02/2025MotionFiled Appellant's Motion for Permission to Enlarge the Type-Volume Limitation on Reply Brief. (BRIEF DETACHED AND FILED PER 7/25/25 ORDER). (SC)25-28941
07/09/2025MotionFiled Respondent's Opposition to Appellant's Motion to Enlarge Volume Type Limitation on Reply Brief and Countermotion to Strike Reply Brief. (SC)25-29991
07/16/2025MotionFiled Appellant's Reply to Respondent's Opposition to Appellant's Motion to Enlarge Volume Type Limitation on Reply Brief and Countermotion to Strike Reply Brief. (SC)25-31057
07/23/2025MotionFiled Respondent's Reply to Appellant's Opposition to Respondent's Countermotion to Strike Reply Brief. (SC)25-32364
07/25/2025Order/ProceduralFiled Order Granting Motion. The clerk of this court shall detach the fast track reply brief from the motion filed on July 2, 2025, and shall file it separately. Respondent's countermotion to strike the fast track reply brief is denied. (SC)25-32694
07/25/2025Fast Track BriefFiled Appellant's Reply to Fast Track Response. (SC)25-32696
07/25/2025Case Status UpdateFast Track Briefing Completed. (SC)
08/12/2025Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals. (SC)25-35294
08/12/2025Case Status UpdateTransferred from Supreme Court. (COA)
08/12/2025Case Status UpdateTransferred to Court of Appeals. (SC)
01/20/2026Order/DispositionalFiled Order Affirming in Part, Reversing in Part and Remanding. ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order. COA-BB/MG/DW. (COA)26-02756
01/20/2026Order/DispositionalFiled Order Affirming in Part, Reversing in Part and Remanding. ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order. COA-BB/MG/DW. (SC)
02/03/2026Post-Judgment PetitionFiled Appellant's Petition for Review by the Supreme Court Pursuant to NRAP 40B (SC)26-05412
02/23/2026Notice/IncomingFiled Notice of Association of Counsel. Attorney Summer Squires as co-counsel for appellant. (SC)26-08524
02/26/2026Post-Judgment Order/DispositionalOrder Denying Petition for Review. Review denied. En Banc (SC)26-08988
02/26/2026Case Status UpdateTransferred to Supreme Court.(COA)
02/26/2026Case Status UpdateTransferred from Court of Appeals.(SC)
02/26/2026Case Status UpdateCase Closed.(COA)
02/26/2026RemittiturIssued Remittitur. (SC)26-09090
02/26/2026Case Status UpdateRemittitur Issued/Case Closed.(SC)
03/03/2026RemittiturIssued Notice of Return of Records ***Original Exhibit***Exhibit: (4 CD's) JAVS Recordings from District Court. Hearing Dates: February 21, 2023; May 10, 2023; August 31, 2023; September 13, 2023; September 22, 2023; November 17, 2023; and July 16, 2024. (SC)26-09966
03/09/2026RemittiturFiled Remittitur. Received by District Court Clerk on 02/27/2026. (SC)26-09090
03/17/2026RemittiturIssued Notice of Return of Records. Original Exhibit Returned to District Court. (SC).26-12335