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Case Information: 84148
Short Caption:MARTINEZ VS. MARTINEZ (CHILD CUSTODY)Court:Supreme Court
Related Case(s):80035, 81455, 81455-COA, 84148-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - D526315Classification:Civil Appeal - Family Law - Fast Track Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:Exempt
Oral Argument:08/01/2024 at 1:00 PMOral Argument Location:Carson City
Submission Date:08/01/2024How Submitted:
Expedited

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/28/2022Filing FeeFiling Fee due for Appeal. (SC)
01/28/2022Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SEALED) (SC)
01/28/2022Notice/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)22-02963
01/28/2022Filing FeeE-Payment $250.00 from Jennifer V. Abrams. (SC)
01/31/2022Notice/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)22-03123
02/01/2022Settlement NoticeIssued Notice: Exemption from Settlement Program. It has been determined that this appeal will not be assigned to the settlement program. Appellant:14 days transcript request form; 40 days fast track statement and appendix. (SC)22-03294
02/04/2022Docketing StatementFiled Appellant's Docketing Statement. (SC)22-03957
02/04/2022Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 5/20/21, 6/14/21, 7/1/21, 9/7/21 and 11/10/21. To Court Reporter: Verbatim Reporting and Transcription. (REJECTED PER NOTICE ISSUED 2/4/22) (SC)
02/04/2022Notice/OutgoingIssued Notice of Rejection of Deficient Transcript Request. (SC)22-03961
02/07/2022Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 5/20/21, 6/14/21, 7/1/21, and 9/7/21. To Court Reporter: Transcript Video Services. (SC)22-04076
02/07/2022Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 5/20/21, 6/14/21, 7/1/21, 9/7/21, and 11/10/21. To Court Reporter: Transcript Video Services. (SC)22-04133
03/01/2022MotionFiled Court Reporter's Motion to Extend Time to File Court Reporter Certificate. (SC)22-06586
03/02/2022Order/ProceduralFiled Order Granting Motion and Regarding Briefing. Karla M. Soto of Verbatim Reporting & Transcription (VRT) has filed a motion for an extension of time to prepare the transcripts requested in this appeal. The motion is granted. Court reporter certificate due: March 31, 2022. Given the extension of time to file the requested transcripts, the time to file fast track statement and appendix is also extended. Appellant shall have until May 2, 2022, to file and serve the fast track statement and appendix. (SC)22-06665
03/31/2022MotionFiled Court Reporter's Motion to Extend Time to File Court Reporter Certificate. (Second request) (SC)22-10063
04/08/2022Order/ProceduralFiled Order Granting Motion and Regarding Briefing. Verbatim Reporting & Transcription shall have until April 29, 2022, to file the requested transcripts in the district court, deliver copies to the requesting party, and file a notice with this court that the completed transcripts have been filed and delivered. Appellant shall have until May 20, 2022, to file and serve the fast track statement and appendix. (SC)22-11141
05/06/2022TranscriptFiled Notice from Court Reporter. Maria Balagtas stating that the requested transcripts were delivered. Dates of transcripts: 5/20/21, 6/14/21, 7/1/21, 9/7/21 and 11/10/21. (SC)22-14574
05/18/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant's Fast Track Statement and Appendix due: May 27, 2022. (SC)22-15708
05/27/2022AppendixFiled Appellant's Appendix (Volume 1). (SC)22-17049
05/27/2022AppendixFiled Appellant's Appendix (Volume 2). (SC)22-17053
05/27/2022AppendixFiled Appellant's Appendix (Volume 3). (SC)22-17054
05/27/2022AppendixFiled Appellant's Appendix (Volume 4). (SC)22-17055
05/27/2022AppendixFiled Appellant's Appendix (Volume 5). (SC)22-17056
05/27/2022AppendixFiled Appellant's Appendix (Volume 6). (SC)22-17057
05/27/2022AppendixFiled Appellant's Appendix (Volume 7). (SC)22-17058
05/27/2022AppendixFiled Appellant's Appendix (Volume 8). (SEALED PER 8/15/22 ORDER). (SC)
05/27/2022AppendixFiled Appellant's Appendix (Volume 9). (PAGES 1429-1508 FILED UNDER SEAL PER 8/15/22 ORDER). (SC)22-17063
05/27/2022AppendixFiled Appellant's Appendix (Volume 10). (SC)22-17064
05/27/2022AppendixFiled Appellant's Appendix (Volume 11). (SC)22-17066
05/27/2022AppendixFiled Appellant's Appendix (Volume 12). (SC)22-17068
05/27/2022AppendixFiled Appellant's Appendix (Volume 13). (SC)22-17070
05/27/2022MotionFiled Appellant's Motion for Leave to File Child Custody Fast Track Statement in Excess of the Type-Volume Limitations Set Forth in NRAP 3E(e)(2). (SC)22-17084
05/27/2022Fast Track BriefFiled Appellant's Child Custody Fast Track Statement. (SC)22-17085
06/01/2022Order/ProceduralFiled Order Granting Motion. Appellant's motion for leave to file a fast track statement in excess of the type-volume limitation is granted). The fast track statement was filed on May 27, 2022. Respondent shall have until June 17, 2022, to file and serve the fast track response. (SC)22-17274
06/27/2022Fast Track BriefFiled Respondent's Fast Track Response. (REJECTED PER NOTICE FILED ON 6/28/22) (SC)22-20272
06/28/2022Notice/OutgoingIssued Notice of Rejection of Filed Document. (SC)22-20300
06/30/2022MotionFiled Respondent's Motion for an Expansion of Time to File the Fast Track Response and to Exceed the Page limits. (SC)22-20702
07/06/2022Fast Track BriefFiled Respondent's Fast Track Response. (SC)22-21141
07/07/2022Order/ProceduralFiled Order. The fast track response was filed on July 6, 2022. As the filed fast track response contains a certificate of compliance certifying that it complies with the applicable type-volume limitation, the motion to exceed the "size limitation" is denied as moot. Appellant shall have until July 20, 2022, to file and serve any fast track reply. (SC)22-21412
07/18/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant shall have until July 27, 2022, to file and serve her reply to the fast track response. (SC)22-22479
07/27/2022Fast Track BriefFiled Reply to Fast Track Response. (SC)22-23650
07/27/2022AppendixFiled Appellant's Supplemental Appendix (Volume 14) (PAGES 1983 AND 1988-2153 FILED UNDER SEAL PER 8/15/22 ORDER). (SC)22-23652
07/28/2022Case Status UpdateFast Track Briefing Completed. (SC)
07/28/2022Notice/IncomingFiled Errata to Reply to Child Custody Fast Track Response. (SC)22-23814
07/28/2022MotionFiled Appellant's Motion to File Under Seal. (SC)22-23817
08/15/2022Order/ProceduralFiled Order Granting Motion in Part. The clerk shall place the following portions of appellant's appendix and supplemental appendix under seal: the entirety of volume 8, pages 1429-1508 of volume 9, and pages 1983 and 1988-2153 of volume 14. (SC)22-25429
08/15/2022AppendixFiled Appendix to Fast Track Statement (SEALED) Pages 1429-1508 of volume 9. (SC)
08/15/2022AppendixFiled Appendix to Fast Track Statement (SEALED) Pages 1983 and 1988-2153 of volume 14. (SC)
09/29/2022Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals. (SC).22-30626
09/29/2022Case Status UpdateTransferred to Court of Appeals. (SC).
03/23/2023Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." COA-MG/BB/DW. (SC)
06/06/2023Case Status UpdateTransferred from Court of Appeals. (SC)
06/06/2023Post-Judgment PetitionFiled Appellant's Petition for Review. (SC)23-17864
06/20/2023Order/ProceduralFiled Order Directing Answer to Petition for Review. Answer due: 14 days. (SC)23-19445
07/05/2023AppendixFiled Respondent's Appendix to Answer to Petition for Review. (SC)23-21278
07/05/2023Post-Judgment PetitionFiled Answer to Petition for Review.23-21281
08/28/2023Order/ProceduralFiled Order Granting Petition for Review, Directing Supplemental Briefing, and Inviting Amicus Curiae. Having considered the petition for review and answer to the petition, we have determined that our review is warranted. Accordingly, we grant the petition for review. Therefore, we direct the parties to file and serve supplemental briefs addressing the issue of what standard the district court should use when determining payment for a child's travel expenses. Additionally, it appears that this court's resolution of this matter may be assisted by the participation of amicus curiae. Therefore, the court invites the Family Law Section of the State Bar of Nevada and any other amicus to participate in this matter as amicus curiae by filing a brief addressing the issues raised in this appeal. Accordingly, appellant shall have 21 days from the date of this order to file and serve a supplemental opening brief. NRAP 40B(g). Respondent shall file and serve a supplemental answering brief within 21 days after service of appellant's brief. Appellant shall then have 14 days after service of respondent's supplemental answering brief to file and serve any supplemental reply brief. Briefing shall comply with the relevant provisions of NRAP 28 to 32, and the parties may cite to appendices submitted with the original briefs. In addition to serving the briefs on the opposing party, both parties shall serve their briefs on the State Bar's Family Law Section. Should the Family Law Section or any other amicus consent to participate as amicus curiae, its amicus brief must be filed within 7 days of the date of brief of the party whose position they are supporting is filed and comply with the requirements of NRAP 29. (SC)23-27987
08/30/2023MotionFiled Appellant's Motion to Extend Time to File Supplemental Brief. (SC)23-28458
09/12/2023Order/ProceduralFiled Order Granting Motion. Appellant shall have until October 16, 2023, to file and serve her supplemental brief. Thereafter, supplemental briefing shall proceed as set forth in this court's August 28, 2023, Order Granting Petition for Review, Directing Supplemental Briefing, and Inviting Amicus Curiae. (SC)23-29868
10/16/2023BriefFiled Appellant's Supplemental Opening Brief.(SC)23-33696
10/23/2023MotionFiled Family Law Section's Motion for Extension of Time to File Amicus Curiae Brief. (SC)23-34517
11/06/2023Order/ProceduralFiled Order Granting Motion. The motion for an extension of time filed by the Family Law Section of the State Bar of Nevada (FLS) is granted. NRAP 26(b)(1)(A). FLS shall have until November 22, 2023, to file an amicus brief pursuant to this court's order inviting the brief. (SC)23-36136
11/21/2023MotionFiled Amicus Curiae Law Section's Motion for Short Extension of Time Amicus Curiae Brief. (SC)23-37851
11/21/2023BriefFiled Amicus Curiae Brief of Amicus Curiae Family Law Section of Nevada State Bar(SC)23-37908
11/29/2023Order/ProceduralFiled Order. The Family Law Section of the State Bar of Nevada (FLS) has filed a motion for an extension of time to file its brief of amicus curiae. However, the amicus brief was timely filed on November 21, 2023. Accordingly, the motion is denied as moot. (SC)23-38643
12/13/2023Order/ProceduralFiled Order to File Supplemental Answering Brief. This court ordered respondent to file and serve his supplemental brief within 21 days after service of appellant's brief. Appellant electronically served her supplemental brief on respondent on October 16, 2023. Therefore, respondent's supplemental brief was due to be filed in this court by November 6, 2023. To date, however, respondent has failed to comply or otherwise communicate with this court. Respondent shall have 7 days from the date of this order to file and serve a supplemental answering brief as directed in this court's August 28, 2023, order. (SC)23-40422
12/20/2023BriefFiled Respondent's Answering Brief.(SC)23-41389
01/03/2024BriefFiled Appellant's Supplemental Reply Brief.(SC)24-00197
01/03/2024Case Status UpdateBriefing Completed/To Screening(SC)
06/07/2024Order/ProceduralFiled Order Scheduling Oral Argument. This court has determined that oral argument would be of assistance in resolving the issues presented in this matter. Accordingly, oral argument is scheduled for August 1, 2024, at 1:00 p.m., in Carson City. The parties shall have 2 minutes of uninterrupted argument at the beginning of each side's presentation in addition to 15 minutes each of argument time. The argument shall be limited to a total of 34 minutes. (SC)24-19916
07/17/2024Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)24-24929
08/01/2024Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.(SC)
08/05/2024Notice/IncomingFiled Appellant's Correction of Out-of-Record False Factual Statements Made at Ora Argument (STRICKEN PER ORDER FILED ON 8/8/24) (SC)
08/08/2024Order/ProceduralFiled Order Striking Correction of Out-of-Record False Factual Statement Made at Oral Argument. On August 1, 2024, this court heard oral argument in this matter. Subsequently, appellant filed a Correction of Out-of-Record False Factual Statements Made at Oral Argument. This court will not consider comments made during oral argument, and/or in subsequent written filings in this case, that fall outside the record on appeal. Accordingly, we direct the clerk of this court to strike appellant's document filed on August 5, 2024. (SC)24-27899
11/27/2024Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, and remanded with instructions." Before the Court En Banc. Author: Bell, J. Majority: Cadish/Stiglich/Pickering/Herndon/Lee/Parraguirre/Bell. 140 Nev. Adv. Opn. No. 73. En Banc. (SC).24-45380
12/18/2024RemittiturIssued Remittitur.(SC)24-48634
12/18/2024Case Status UpdateRemittitur Issued/Case Closed.(SC)
01/03/2025RemittiturFiled Remittitur. Received by District Court Clerk on 12/20/2024.(SC)24-48634