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Case Information: 84334
Short Caption:FRANKLIN VS. FRANKLIN (CHILD CUSTODY)Court:Supreme Court
Related Case(s):84520
Lower Court Case(s):Clark Co. - Eighth Judicial District - D598788Classification:Civil Appeal - Family Law - Fast Track Child Custody
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:03/09/2022 / Kunin, IsraelSP Status:Completed
Oral Argument:08/15/2023 at 1:30 PMOral Argument Location:Carson City
Submission Date:08/15/2023How Submitted:After Oral Argument
Expedited

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/04/2022Filing FeeFiling Fee Paid. $250.00 from Law Office of Emily McFarling. Check no. 1236. (SC)
03/04/2022Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SEALED) (SC)
03/04/2022Notice/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. (SC)22-07052
03/09/2022Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Israel Kunin. (SC)22-07483
03/11/2022Notice of Appeal DocumentsFiled (SEALED) District Court Minutes. (SC)
03/16/2022Filing FeeFiling Fee due for Cross-Appeal. (SC)
03/16/2022Notice of Appeal DocumentsFiled Notice of Cross-Appeal. (SEALED) (SC)
03/16/2022Notice/OutgoingIssued Notice to File Case Appeal Statement/Civil. Due date: 7 days. (Cross-Appeal) (SC)22-08400
03/16/2022Notice/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. (Cross-Appeal) (SC)22-08403
03/23/2022Notice of Appeal DocumentsFiled Respondent/Cross-Appellant's Case Appeal Statement. (SC)22-09179
03/24/2022Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for May 4, 2022, at 9:00 AM. (SC)22-09253
03/25/2022Docketing StatementFiled Appellant/Cross-Respondent's Docketing Statement Civil Appeals. (SC)22-09447
03/28/2022Order/Clerk'sFiled Order Dismissing Cross-Appeal. To date, John Bryan Franklin has not paid the filing fee or otherwise responded to this court's notice. Accordingly, the cross-appeal is dismissed. (THIS ORDER VACATED PER ORDER FILED 4/5/22). (SC)22-09544
03/29/2022Filing FeeE-Payment $250.00 from Patricia A. Marr. (Cross-Appeal) (SC)
03/29/2022MotionFiled Motion for Reconsideration of the Court's March 28, 2022 Order of Dismissal. (SC)22-09754
04/04/2022Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: June 2, 2022, at 9:00 AM. (SC)22-10313
04/05/2022Order/ProceduralFiled Order Granting Motion for Reconsideration and Reinstating Cross-Appeal. On March 28, 2022, respondent's cross-appeal was dismissed by way of a clerk's order for failure to pay the filing fee. On March 29, 2022, respondent filed a motion for reconsideration of the order dismissing his cross-appeal and paid the filing fee on cross-appeal. The motion for reconsideration is granted. The clerk's order dismissing the cross-appeal is vacated. The clerk of this court shall reinstate respondent's cross-appeal. (SC)22-10546
04/07/2022Notice/OutgoingIssued Notice to File Respondent/Cross-Appellant's Docketing Statement. Due date: 7 days. (SC)22-10868
04/12/2022Docketing StatementFiled Respondent/Cross-Appellant's Civil Docketing Statement. (SC)22-11461
05/31/2022Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: July 15, 2022, at 9:00 AM. (SC)22-17148
06/06/2022Settlement Order/ProceduralFiled Order Granting Extension of Time for Status Report. The time for filing a Final Settlement Conference Status Report is extended to July 18, 2022. (SC)22-17905
07/15/2022Settlement Program ReportFiled Interim Settlement Program Report.
07/15/2022Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: July 21, 2022, at 1:00 PM. (SC)22-22401
07/21/2022Settlement Program ReportFiled Final Report/Other Status Report. Appellant's counsel requested the matter be removed from the Settlement Program advising that there was no possibility of settlement. (SC)22-23007
07/22/2022Settlement Order/ProceduralFiled Order Removing Appeal and Cross-Appeal from Settlement Program and Reinstating Briefing Pursuant to NRAP 3E. Appellant/Cross-Respondent and Respondent/Cross-Appellant: Transcript Request Form due: 14 days; Appellant/Cross-Respondent Fast Track Statement and Appendix due: 40 days. Respondent/Cross-Appellant: Fast Track Response due: 21 days from Service of Fast Track Statement. Appellant/Cross-Respondent Fast Track Reply due: 21 days from Service of Fast Track Response. (SC)22-23074
08/05/2022Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 5/12/21, 5/24/21, 7/28/21, 8/10/21, 8/30/21, 10/11/21, 11/15/21, 12/1/21, and 2/8/22. To Court Reporter: Transcript Video Services. (SC)22-24581
08/26/2022MotionFiled Joint Motion to Seal Record. (SC)22-26885
08/29/2022MotionFiled Appellant/Cross-Respondent's Motion to Extend Time to File Fast Track Statement and Appendix. (SC)22-26999
09/02/2022MotionFiled Court Reporter's Motion to Extend Time to File Transcripts. (SC)22-27649
09/06/2022Order/ProceduralFiled Order. The parties have filed a joint motion to seal the attachments to the docketing statements, the entire joint appendix, and all of the briefs on the ground that the underlying divorce case was sealed by the district court pursuant to NRS 125.110. The motion is denied without prejudice. Appellant's motion for an extension of time to file the fast track statement is granted. Appellant shall have until November 2, 2022, to file and serve the fast track statement and appendix. (SC)22-27783
09/09/2022Order/ProceduralFiled Order Granting Motion. Court Recorder Karla Soto of Verbatim Reporting and Transcription's Certificate of Delivery of Transcripts due: October 3, 2022. (SC)22-28243
10/03/2022MotionFiled Court Reporter's Motion to Extend Time to File Transcripts. (SC)22-31158
10/04/2022Order/ProceduralFiled Order Granting Motion. Court Recorder Karla Soto's Certificate of Delivery of Transcripts due: October 18, 2022. Appellant/cross-respondent shall have until November 17, 2022, to file and serve the fast track statement and appendix. (SC)22-31299
10/25/2022TranscriptFiled Notice from Court Reporter. Maria Balagtas stating that the requested transcripts were delivered. Dates of transcripts: 5/12/21, 5/24/21, 7/28/21, 8/10/21, 8/30/21, 10/11/21, 11/15/21, 12/1/21, and 2/8/22. (SC)22-33496
11/10/2022MotionFiled Appellant's Motion For Extension Of Time To File Fast Track Statement and Appendix. (SC)22-35570
11/18/2022Order/ProceduralFiled Order Granting Motion. Appellant/cross-respondent's fast track statement and appendix due: December 19, 2022. (SC)22-36368
12/02/2022MotionFiled Appellant's Motion For Permission To Expand The Length Of Child Custody Fast Track Statement. (SC)22-37944
12/12/2022Order/ProceduralFiled Order Granting Motion. Appellant/cross-respondent shall file a fast track statement of no more than 18,000 words and the appendix on or before December 19, 2022. (SC)22-38930
12/19/2022Fast Track BriefFiled Fast Track Statement. (SC).22-39764
12/19/2022AppendixFiled Joint Appendix Volume 1. (SC).22-39778
12/19/2022AppendixFiled Joint Appendix Volume 2. (SC).22-39779
12/19/2022AppendixFiled Joint Appendix Volume 3. (SC).22-39780
12/19/2022AppendixFiled Joint Appendix Volume 4. (SC).22-39781
12/19/2022AppendixFiled Joint Appendix Volume 5. (SC).22-39782
12/19/2022AppendixFiled Joint Appendix Volume 6. (SC).22-39783
12/19/2022AppendixFiled Joint Appendix Volume 7. (SC).22-39784
12/19/2022AppendixFiled Joint Appendix Volume 8. (SC).22-39785
12/19/2022AppendixFiled Joint Appendix Volume 9. (SC)22-39775
12/19/2022AppendixFiled Joint Appendix Volume 10. (SC).22-39786
12/19/2022AppendixFiled Joint Appendix Volume 11. (SC).22-39787
12/19/2022AppendixFiled Joint Appendix Volume 12. (SC).22-39788
12/19/2022AppendixFiled Joint Appendix Volume 13. (SC).22-39789
12/19/2022AppendixFiled Joint Appendix Volume 14. (SC).22-39807
12/19/2022AppendixFiled Joint Appendix volume 15. (SC).22-39790
12/19/2022AppendixFiled Joint Appendix Volume 16. (SC).22-39791
12/19/2022AppendixFiled Joint Appendix Volume 17. (SC).22-39792
12/19/2022AppendixFiled Joint Appendix Volume 18. (SC).22-39793
12/19/2022AppendixFiled Joint Appendix Volume 19. (SC).22-39794
12/19/2022AppendixFiled Joint Appendix Volume 20. (SC).22-39795
12/19/2022AppendixFiled Joint Appendix Volume 21. (SC).22-39796
12/20/2022AppendixFiled Amended Joint Appendix Volume 9. (SC)22-39935
12/22/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent/cross-appellant's fast track response due: January 17, 2023. (SC)22-40213
01/16/2023MotionFiled Respondent/Cross Appellant's Motion to Expand Page Limit. (SC).23-01413
01/17/2023Fast Track BriefFiled Respondent/Cross-Appellant's Fast Track Response. (SC)23-01593
01/20/2023MotionFiled Appellant's Motion to Extend Time to File Fast Track Reply. (SC)23-02008
01/27/2023Order/ProceduralFiled Order Granting Motions. Respondent/cross-appellant's motion for leave to file a combined fast track response on appeal and fast track statement on cross-appeal in excess of the page limitations is granted. The combined brief was filed on January 17, 2023. Appellant/cross-respondent's motion for an extension of time to file the combined fast track reply and response is granted. Appellant/cross-respondent shall have until March 2, 2023, to file and serve a combined fast track reply on appeal and fast track response on cross-appeal. (SC)23-02660
02/28/2023MotionFiled Appellant/Cross-Respondent's Motion to Enlarge the Type-Volume Limitation on Fast Track Reply. (SC)23-06048
02/28/2023BriefFiled Appellant/Cross-Respondent's Child Custody Fast Track Reply. (SC)23-06049
03/09/2023Order/ProceduralFiled Order Granting Motion. Appellant/Cross-Respondent's motion for leave to file a combined fast track reply on appeal and fast track response on cross-appeal in excess of the type-volume limitations is granted. The combined brief was filed on February 28, 2023. Respondent/cross-appellant shall have 14 days from the date of this order to file and serve a fast track reply on cross-appeal, if deemed necessary. (SC)23-07199
03/13/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent/Cross-Appellant shall have until March 30, 2023, to file and serve the fast track reply. (SC)23-07609
03/29/2023Fast Track BriefFiled Respondent/Cross-Appellant's Fast Track Reply on Cross Appeal (REJECTED PER NOTICE ISSUED 3/30/23) (SC)
03/30/2023Notice/OutgoingIssued Notice of Rejection of Fast Track Reply on Cross Appeal. (SC)23-09694
03/30/2023BriefFiled Respondent/Cross-Appellant's Reply Brief on Cross-Appeal (REJECTED PER NOTICE ISSUED 3/30/23) (SC)
03/30/2023Notice/OutgoingIssued Notice of Rejection of Deficient Reply Brief on Cross Appeal. Corrected brief due: 5 days. (SC)23-09729
04/01/2023MotionFiled Respondent/Cross-Appellant's Motion for Permission to Expand Length of Fast Track Reply on Cross-Appeal . (SC)23-10002
04/01/2023BriefFiled Respondent/Cross-Appellant's Fast Track Reply on Cross-Appeal. (SC)23-10003
04/06/2023Order/ProceduralFiled Order Granting Motion. Cause appearing, respondent/cross-appellant's motion for leave to file a fast track reply on cross-appeal in excess of the page limitation is granted. NRAP 3E(d)(4). The fast track reply on cross-appeal was filed on April 1, 2023. (SC)23-10470
04/06/2023Case Status UpdateFast Track Briefing Completed. (SC)
07/06/2023Order/ProceduralFiled Order Scheduling Oral Argument. Oral argument is hereby scheduled on August 15, 2023, at 1:30 p.m. in Carson City. The argument shall be limited to 30 minutes. (SC)23-21508
08/01/2023Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)23-24595
08/01/2023Notice/IncomingFiled Appellant's Notice of Change of Law Firm of Co-Counsel for Appellant/Cross-Respondent. (SC)23-24708
08/15/2023Case Status UpdateOral argument held this day. Case submitted for decision. Before the Northern Nevada Panel. (SC)
12/04/2023Order/DispositionalFiled Order Affirming in Part and Reversing in Part. "ORDER the judgment of the district court AFFIRMED IN PART as to the determinations on child custody, alimony, and division of community property and debt, AND REVERSED IN PART as to the award of attorney fees to John in opposing the motion for reconsideration." BELL, J., concurring in part and dissenting in part. NNP23-EC/KP/LB (SC)23-39225
12/18/2023Post-Judgment PetitionFiled Appellant's Petition for En Banc Reconsideration Pursuant to NRAP 40A.(Rejected per Notice Issued on 12/18/2023)(See rule 40A(b).(SC)
12/18/2023Notice/OutgoingIssued Notice of Rejection of Filed Document(SC)23-40998
12/21/2023Post-Judgment PetitionFiled Appellant/Cross-Respondent's Petition for Rehearing Pursuant to NRAP 40(SC)23-41428
12/21/2023Filing FeeFiling fee paid. E-Payment $150.00 from Ashlee N. Vazquez.(SC)
12/21/2023Post-Judgment PetitionFiled Respondent/Cross-Appellant's Petition for Rehearing Pursuant to NRAP 40(A)(b). (SC)23-41564
12/21/2023Filing FeeFiling fee paid. E-Payment $150.00 from Patricia A. Marr. (SC)
12/29/2023Post-Judgment OrderFiled Order Denying Rehearing. "The Petitions for Rehearing are Denied." NRAP 40(c). Bell, J., dissenting. (SC).23-42349
01/08/2024Post-Judgment PetitionFiled Appellant's Petition for En Banc Reconsideration Pursuant to NRAP 40A(SC)24-00801
01/22/2024Order/ProceduralFiled Order Directing Answer to Petition for En Banc Reconsideration. Respondent/cross-appellant's answer due: 14 days. (SC)24-02466
02/06/2024BriefFiled Respondent's Answer to Appellant's Petition for En Banc Reconsideration Pursuant to NRAP 40A(REJECTED PER NOTICE ISSUED ON 02-07-24)(Untimely)(SC)
02/07/2024Notice/OutgoingIssued Notice of Rejection of Filed Document."Respondent's Answer to Appellant's Petition for En Banc Reconsideration Pursuant to NRAP 40A." (untimely)(SC)24-04532
02/07/2024Post-Judgment PetitionFiled Respondent's Answer to Appellant's Petition for En Banc Reconsideration Pursuant to NRAP 40A. (SC)24-04558
02/23/2024Post-Judgment OrderFiled Order Granting En Banc Reconsideration. Having considered the petition for en banc reconsideration in this matter, we have determined that reconsideration is warranted. (SC)24-06578
04/01/2024Notice/IncomingFiled Appellant/Cross-Respondent Notice of Change of Law Firm of Co-Counsel for Appellant/Cross-Respondent(SC)24-11516
06/20/2024Order/DispositionalFiled Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART as to the determinations on child custody, alimony, and division of community property and debt, REVERSED IN PART as to the award of attorney fees to John in opposing the motion for reconsideration, AND REMAND this matter to the district court for proceedings consistent with this order." [BELL, J., with whom STIGLICH, J. agrees, concurring in part and dissenting in part.] EN BANC. (SC)24-21407
07/15/2024RemittiturIssued Remittitur.(SC)24-24441
07/15/2024Case Status UpdateRemittitur Issued/Case Closed.(SC)
07/22/2024RemittiturFiled Remittitur. Received by District Court Clerk on 7/16/24. (SC)24-24441