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United States Court Cases

Nevada Supreme/Appellate Court Record

KIMSEY VS. LEAVITT

Case Information: 35933
Short Caption:KIMSEY VS. LEAVITTCourt:Supreme Court
Related Case(s): 35634 , 35931
Lower Court Case(s):Clark Co. - Eighth Judicial District - A408488
Clark Co. - Eighth Judicial District - T38057
Clark Co. - Eighth Judicial District - T38046
Classification:Civil Appeal - Family Law - Proper Person
Disqualifications:LeavittCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:08/17/2001How Submitted:On Record

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/11/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from James Edward Kimsey (WestStar Credit Union--check no. 193443).
04/11/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-05821
04/13/2000Notice/OutgoingIssued Notice to Transmit Required Document. Order filed 4/3/00. Due Date: 10 days
04/21/2000Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of order appealed from filed in district court on April 3, 2000. 00-06466
05/22/2000MotionFiled Motion. Appellants' NRAP 3(b) Motion to Consolidate Appeals; Appellants' NRAP 3(a) & 10(c) Motion for Clarification; Appellants' NRAP 25(1)(b) & (2)(d) Motion to Compel Respondent to Provide Address/Telephone Number for Service of Documents; Appellants' NRAP 26(b) Motion for Enlargement of Time (nos. 35931/35933). 00-08559
05/26/2000Order/ProceduralFiled Order/Transmit Record and Directing Response. Original record due: 30 days. fn1[The record shall not include any exhibits filed in the district court.] 00-08916
06/27/2000Record on Appeal DocumentsFiled Record on Appeal. Volumes 1 through 4. Mailed on 06/23/00. 00-10964
06/27/2000Case Status Update Submitted for Decision.
08/11/2000MotionFiled Motion. Appellants' NRAP 3(b) Second Motion to Consolidate Appeals; Appellants' NRAP 3(a) & 10(c) Second Motion for Clarification; Appellants' NRAP 25(1)(b) & (2)(d) Second Motion to Compel Respondent to Provide Address/Telephone Number for Service of Documents; Appellants' Motion to Resubmit Matter to Settlement Program and to Grant Appellant's Motion for Extension of Time; Appellant's Motion to Supplement Record on Appeal (nos. 35931/35933). 00-14096
08/11/2000Notice/IncomingFiled Notice of Appearance. Substitution of Attorney. Lillian J. Sondgeroth in place and stead of Thomas J. Fitzpatrick for appellants. (Nos. 35931/35933) 00-14098
10/19/2000Letter/IncomingFiled Letter. from John Muije. He does not represent Melodi Leavitt and would like to be removed as counsel. 00-18575
11/07/2000Letter/IncomingReceived Letter. David Robinson regarding Motion for Extension of Time to file Response to Order to Show Cause. (Nos. 35931 and 35933).
01/24/2001Order/ProceduralFiled Order. On May 22, 2000 appellant filed a proper person motion requesting, in part, an order disqualifying attorney John W. Muije from representing respondent in this appeal. Although appellant has not been granted permission to file document in proper person, we have reviewed and considered the portion of appellant's motion requesting an order disqualifying attorney Muije. We deny the remainder of appellant's May 22, 2000 motion, without prejudice to appellant's right to file, through retained counsel, any motion deemed necessary. On August 11,2000, attorney Lillian J. Sondgeroth filed a substitution of attorneys, purporting to substitute herself as counsel for appellant, in place of attorney Thomas J. Fitzpatrick. We elect to treat Sondgeroth's substitution of attorneys as a notice of appearance as counsel for appellant. We grant appellant's motion to disqualify attorney Muije, and we disapprove attorney Sondgeroth's notice of appearance. We conclude that attorneys Sondgeroth and Muije are both disqualified from participating as counsel in this appeal. On August 11, 2000, attorney Sondgeroth filed a motion in this court on behalf of appellant. We deny the August 11, 2000 motion in its entirety, without prejudice to appellant's right to file, through new counsel, any motion deemed necessary. Attorneys Sondgeroth and Muije shall each have 10 days from the date of this order to serve a copy of this order on appellant and respondent, respectively, and to file poof of such service with this court. Appellant and respondent shall each hav 60 days from the date of this order to obtain new counsel to represent them and cause new counsel to file a notice of appearance with this court. If appellant fails to obtain new counsel, this appeal shall stand submitted for decision on the record in accordance with our June 27, 2000 order. 01-01575
02/01/2001Letter/IncomingFiled Letter. (service of 1/24/01 order on Melodi Leavitt). 01-02174
06/22/2001Order/ProceduralFiled Order. To date, Ms. Sondgeroth has failed to comply with our order filed on January 24, 2001. Ms. Sondgeroth shall have 10 days from the date of this order to serve a copy of this order on appellant and to file proof of such service with this court. Failure to comply with this order may result in the imposition of sanctions. Appellant shall have 30 days from the date of this order to obtain new counsel and cause new counsel to file a notice of appearance with this court. If appellant fails to obtain new counsel, this appeal shall stand submitted for decision on the record, without briefing or oral argument. 01-10580
07/11/2001Notice/IncomingFiled Proof of Service. of the 06/22/01 order on appellant Kimsey. 01-11691
08/17/2001Case Status Update Submitted for Decision. Per 6/22/01 order.
03/05/2002Notice/OutgoingIssued Letter. to attorney Lillian J. Sondgeroth. Returned unfiled, the original "Appellants' Consolidated Case Appeal, Docketing and Settlement Statements" submitted on August 10, 2000, and received in this court on August 11, 2000. 02-03955
05/08/2002OtherDisqualification of Justice Leavitt.
05/14/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP02-CY/MS/ML. 02-08483
06/11/2002RemittiturIssued Remittitur. Record on Appeal, Vols. 1 through 4 returned this day. 02-08546
06/11/2002Case Status Update Remittitur Issued/Case Closed.
07/22/2002RemittiturFiled Remittitur. Received by County Clerk on July 17, 2002. 02-08546