Case Information: 86873
Short Caption:	HORTA VS. HORTA (CHILD CUSTODY) C/W 86978	Court:	Supreme Court
Consolidated:	86873*, 86978	Related Case(s):	86873-COA, 86978, 86978-COA
Lower Court Case(s):	Clark Co. - Eighth Judicial District - D627587	Classification:	Civil Appeal - Family Law - Child Custody
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:	07/07/2023 / Kunin, Israel	SP Status:	Completed
Oral Argument:		Oral Argument Location:
Submission Date:		How Submitted:
	Expedited

+ Party Information
Role	Party Name	Represented By
Appellant	Melissa Horta	John D. Jones (Jones & LoBello) Shannon M. Wilson (Jones & LoBello)
Respondent	Francisco Horta	Becky Ann Pintar

Docket Entries
Date	Type	Description	Pending?	Document
06/30/2023	Filing Fee	Filing Fee due for Appeal. (SC)
06/30/2023	Notice of Appeal Documents	Filed SEALED Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)
06/30/2023	Notice/Outgoing	Issued 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)		23-21020
07/03/2023	Filing Fee	Filing Fee Paid. $250.00 from Jones & LoBello, PLLC. Check No. 1261. (SC).
07/03/2023	Notice/Outgoing	Issued 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)		23-21145
07/07/2023	Settlement Notice	Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Israel Kunin. (SC)		23-21693
07/10/2023	Notice of Appeal Documents	Filed SEALED District Court Exhibit List. (SC)
07/24/2023	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Appellant's docketing statement due: August 7, 2023. (SC)		23-23573
07/25/2023	Settlement Program Report	Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for September 11, 2023, at 9:00 am. (SC).		23-23822
08/07/2023	Docketing Statement	Filed Appellant's Docketing Statement. (SC)		23-25381
09/11/2023	Settlement Program Report	Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. Case Nos. 86873/86978. (SC)		23-29732
09/13/2023	Settlement Order/Procedural	Filed 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. (SC)		23-29923
09/27/2023	Transcript Request	Filed Appellant's Request for Transcript of Proceedings. Transcripts requested: 12/21/2022 and 1/23/2023. To Court Reporter: Maria Balagtas. (SC)		23-31644
10/09/2023	Order/Procedural	Filed Order Consolidating Appeals and Regarding Briefing. These appeals are hereby consolidated. Francisco Horta shall have 7 days from the date of this order to serve and file, in this court, a file-stamped copy of the transcript request form filed in the district court. The appeal in Docket No. 86873 is removed from the fast track program. Melissa shall have 60 days from the date of this order to file and serve the opening brief and appendix in Docket No. 86873. Francisco shall have 21 days from service of Melissa's opening brief to file and serve a combined answering brief in Docket No. 86873 and opening brief in Docket No. 86978, as well as any appendix. Melissa shall have 21 days from service of Francisco's combined brief to file and serve a combined reply brief in Docket No. 86873 and answering brief in Docket No. 86978. Finally, Francisco shall have 14 days from the date of service of Melissa's combined brief to file and serve a reply brief in Docket No. 86978. Nos 86873/86978. (SC)		23-32975
10/17/2023	Notice/Incoming	Filed Notice of No Transcript Request. Case Nos. 86873/86978(SC)		23-33765
12/08/2023	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Appellant's opening brief and appendix due: December 22, 2023. Nos. 86873/86978 (SC)		23-39880
12/18/2023	Motion	Filed Stipulation to Extend Time for the Filing of Opening Brief and Appendix. Nos. 86873/86978. (SC)		23-40874
12/18/2023	Motion	Filed Appellant's Motion for Extension of Time to File Opening Brief and Appendix. Nos. 86873/86978. (SC)		23-40875
12/20/2023	Order/Procedural	Filed Order. Appellant Melissa Horta has filed a motion for a second extension of time to file her opening brief. Once a party receives a telephonic extension of time to perform an act, further extensions of time to perform that same act are barred unless the moving party files a motion for an extension of time demonstrating extraordinary and compelling circumstances in support of the requested extension. Nevertheless, in this instance only, the motion is granted to the following extent. Melissa shall have until January 16, 2024, to file and serve her opening brief and appendix. Thereafter, briefing shall proceed as set forth in this court's October 9, 2023, Order Consolidating Appeals and Regarding Briefing. fn2[ The stipulation filed on December 18, 2023, is disapproved. A stipulation to extend time to file a document is improper after receiving a telephonic extension of time to file that same document. See NRAP 26(b)(1)(B).] Nos. 86873/86978 (SC)		23-41244
01/16/2024	Motion	Filed Appellant's Motion to Exceed Word Limit. Nos. 86873/86978. (SC)		24-01603
01/16/2024	Brief	Filed Appellant's Opening Brief. Nos. 86873/86978. (SC)		24-01604
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 1. Nos. 86873/86978. (SC)		24-01605
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 1. Nos. 86873/86978. (SC)		24-01608
01/16/2024	Motion	Filed Appellant's Motion to Exceed Word Limit. Nos. 86873/86978. (SC)		24-01610
01/16/2024	Brief	Filed Appellant's Opening Brief. Nos. 86873/86978. (SC)		24-01612
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 1. Nos. 86873/86978. (SC)		24-01613
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 2. Nos. 86873/86978. (SC)		24-01616
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 3. Nos. 86873/86978. (SC)		24-01617
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 4. Nos. 86873/86978. (SC)		24-01618
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 5. Nos. 86873/86978. (SC)		24-01619
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 6. Nos. 86873/86978. (SC)		24-01621
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 7. Nos. 86873/86978. (SC)		24-01622
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 8. Nos. 86873/86978. (SC)		24-01624
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 9. Nos. 86873/86978. (SC)		24-01626
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 10. Nos. 86873/86978. (SC)		24-01631
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 11. Nos. 86873/86978. (SC)		24-01632
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 12. Nos. 86873/86978. (SC)		24-01634
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 13. Nos. 86873/86978. (SC)		24-01635
01/16/2024	Appendix	Filed Appellant's Appendix to the Opening Brief - Vol. 14. Nos. 86873/86978. (SC)		24-01636
01/17/2024	Order/Procedural	Filed Order Granting Motion. Melissa Horta's motion for leave to file an opening brief in excess of the page limitation is granted. The opening brief and appendix were filed on January 16, 2024. Francisco Horta shall have until February 6, 2024, to file and serve a combined answering brief in Docket No. 86873 and opening brief in Docket No. 86978. (SC)		24-01764
02/01/2024	Motion	Filed Stipulation to Extend Time for Combined Answering Brief/Opening Brief. Nos. 86873/86978. (SC)		24-03848
02/06/2024	Order/Procedural	Filed Order Approving Stipulation. Francisco Horta shall have until March 6, 2024, to file and serve a combined answering brief in Docket No. 86873 and opening brief in Docket No. 86978. Nos. 86873/86978. (SC)		24-04454
03/06/2024	Brief	Filed Respondent's Combined Answering Brief and Opening Brief (REJECTED PER NOTICE FILED ON 3/6/2024). Nos. 86873/86978. (SC)
03/06/2024	Appendix	Filed Respondent's Appendix to Answering Brief - Vol. 1. Nos. 86873/86978. (SC)		24-08005
03/06/2024	Appendix	Filed Respondent's Appendix to Answering Brief - Vol. 2. Nos. 86873/86978. (SC)		24-08006
03/06/2024	Notice/Outgoing	Issued Notice of Rejection of Deficient Brief. Nos. 86873/86978. (SC)		24-08047
03/06/2024	Brief	Filed Respondent's Combined Answering Brief and Opening Brief. Nos. 86873/86978. (SC)		24-08078
04/08/2024	Motion	Filed Appellant's Motion for Extension of Time to File Response Brief. Nos. 86873/86978. (SC)		24-12239
04/08/2024	Motion	Filed Stipulation to Extend time for the Filing of Response Brief Pursuant to NRAP 31(b)(2). Nos. 86873/86978. (SC)		24-12241
04/10/2024	Order/Procedural	Filed Order. Melissa Horta has moved for an extension of time to file her combined reply brief and answering brief. This court will only grant a motion for extension of time for filing a brief in appeals involving the custody of minor children "in extraordinary cases that present unforeseeable circumstances justifying an extension of time." ). Counsel's calendaring error does not constitute an extraordinary or unforeseeable circumstance. Further, no extensions of time by stipulation are permitted in child custody cases. NRAP 31(b)(2). Nevertheless, and notwithstanding its untimeliness, the motion is granted in this instance only because it appears that an extension is necessary. Melissa shall have until May 6, 2024, to file a combined reply brief and answering brief. fn1[ Accordingly, this court denies the stipulation to extend time to file the combined brief filed on April 8, 2024.] Nos. 86873/86978 (SC)		24-12655
05/06/2024	Brief	Filed Appellant's Answering Brief Combined Reply and Answering Brief. Nos. 86873/86978. (SC)		24-15743
05/06/2024	Brief	Filed Appellant's Answering Brief Combined Reply and Answering Brief. Nos. 86873/86978. (SC)		24-15744
05/21/2024	Brief	Filed Respondent's Reply Brief. Nos. 86873/86978 (REJECTED PER NOTICE FILED ON 5/21/2024). (SC)
05/21/2024	Notice/Outgoing	Issued Notice of Rejection of Filed Document. (SC)		24-17851
05/22/2024	Motion	Filed Respondent's Motion for Extension of Time to File Reply Brief. Nos. 86873/86978. (SC)		24-17935
05/22/2024	Brief	Filed Respondent's Reply Brief. Nos. 86873/86978. (SC)		24-17936
05/24/2024	Order/Procedural	Filed Order Granting Motion. Appellant's motion for an extension of time to file the reply brief is granted. NRAP 31(b)(3)(C). The reply brief was filed on May 22, 2024. (SC)		24-18374
05/28/2024	Case Status Update	Briefing Completed/To Screening. (SC)
06/14/2024	Notice/Outgoing	Issued Notice of Transfer Case to Court of Appeals. Nos. 86873/86978. (SC).		24-20856
06/14/2024	Case Status Update	Transferred to Court of Appeals. Nos. 86873/86978. (SC).
10/03/2024	Order/Dispositional	Filed 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-MG/BB/DW (SC)
10/17/2024	Case Status Update	Transferred from Court of Appeals. (SC)
10/17/2024	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Appellant's petition for review due: October 31, 2024. (SC)		24-39199
10/31/2024	Post-Judgment Petition	Filed Appellant's Petition for Review. Nos. 86873/86978. (SC)		24-41106
11/19/2024	Post-Judgment Order/Dispositional	Order Denying Petition for Review. Review denied. Nos. 86873/86978 En Banc (SC)		24-43791
11/19/2024	Remittitur	Issued Remittitur. Nos. 86873/86978.(SC)		24-43829
11/19/2024	Case Status Update	Remittitur Issued/Case Closed. Nos. 86873/86978.(SC)
11/26/2024	Remittitur	Filed Remittitur. Received by District Court Clerk on 11/20/24. Nos. 86873/86978. (SC)		24-43829