In re Guardianship & Estate of Echevarria

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Case Information: 65598 Short Caption: IN RE: GUARDIANSHIP OF ECHEVARRIA Classification: Civil Appeal - Family Law - Other Lower Court Case(s): Clark Co. - Eighth Judicial District - G027262 Case Status: Remittitur Issued/Case Closed Disqualifications: Panel Assigned: Panel Replacement: To SP/Judge: SP Status: Oral Argument: Oral Argument Location: Submission Date: 05/12/2016 How Submitted: On Record And Briefs + Party Information Role Party Name Represented By Appellant Michael A. Echevarria Beau Sterling (Sterling Law, LLC) Karen K. Wong Reference Party Jean Ruth Echevarria Respondent Angel Echevarria Mark A. Solomon (Solomon Dwiggins & Freer, Ltd.) Respondent Robert L. Ansara Elyse M. Tyrell (Trent, Tyrell & Phillips) Docket Entries Date Type Description Pending? Document 05/07/2014 Filing Fee Filing Fee due for Appeal. 05/07/2014 Notice of Appeal Documents Filed Notice of Appeal/Proper Person Pilot Program. Filed certified copy of proper person notice of appeal. 14-14760 05/07/2014 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: 10 days. 14-14762 05/09/2014 Notice of Appeal Documents Filed Documents from District Court Clerk. Confidential Coversheet. 05/15/2014 Filing Fee Filing Fee Paid. $250.00 from Michael A Echevarria. Check no. 1035. 05/16/2014 Case Status Update Pilot Program Civil Appeals. Order and documents mailed to proper person appellant. Civil proper person transcript request form due: 15 days. Civil proper person appeal statement due: 40 days. 06/02/2014 Transcript Request Filed Civil Proper Person Transcript Request Form. 14-17849 06/26/2014 Brief Filed Civil Proper Person Appeal Statement. 14-21002 07/07/2014 Order/Procedural Filed Order Directing Transmission of Record. Record due: 15 days. 14-21889 07/11/2014 Record on Appeal Documents Filed Record on Appeal Volumes 1-9. Via FTP. 14-22572 07/11/2014 Case Status Update Submitted for Decision. 07/16/2014 Record on Appeal Documents Filed SEALED documents comprising pages 7-9 of the Record on Appeal. 07/17/2014 Transcript Filed Notice from Court Reporter. Shelly Ajoub stating that the requested transcripts were delivered. Dates of transcripts: 12/18/13 & 03/12/14. 14-23296 07/18/2014 Notice/Incoming Filed Proper Person Certificate of Service of Transcripts and Certification. 14-23469 07/22/2014 Notice/Incoming Filed Proper Person Notice of Errata and Amended Certificate of Service. 14-23847 09/04/2014 Order/Procedural Filed Order Regarding Pro Bono Counsel. We direct the clerk of this court to transmit a copy of this order and the attached case summary to the Legal Aid Center of Southern Nevada for financial eligibility screening. Appellant's Notice of Appearance due: 60 days. Supplemental briefing and oral argument will be scheduled thereafter. If appellant is not financially eligible or objects to pro bono representation, or if volunteer attorneys cannot be located, the Legal Aid Center of Southern Nevada shall notify this court in writing in 60 days. In such case, oral argument will not be held, and this matter will stand submitted for decision on the appeal statement and record currently before the court. 14-29235 10/24/2014 Notice/Incoming Filed Notice of Determination of Ineligibility for Pro Bono Representation for Appellant. 14-35591 10/30/2014 Order/Procedural Filed Order Removing Appeal from Pro Bono Program. This appeal is removed from the pro bono program and stands submitted for decision on the appeal statement and record currently before the court. 14-36106 11/04/2014 Notice/Incoming Filed Notice of Appearance of Counsel, Beau Sterling and Sterling Law LLC, for Appellant. 14-36534 11/13/2014 Order/Procedural Filed Order Directing Compliance with NRAP 9 and Setting Briefing Schedule. Transcript Request Form due: 14 days. Opening Brief due: 120 days. 14-37485 12/02/2014 Transcript Request Filed Certificate of No Transcript Request. 14-39204 03/13/2015 Motion Filed Motion for Extension of Time to File Opening Brief and Appendix (First Request). 15-07904 03/13/2015 Notice/Outgoing Issued Notice - Motion Approved. Opening Brief and Appendix due: April 13, 2015. 15-07913 04/14/2015 Motion Filed Motion for Second Extension of Time (Second). 15-11090 04/17/2015 Order/Procedural Filed Order Granting Motion. Opening Brief and Appendix due: May 14, 2015. 15-11628 05/15/2015 Motion Filed Motion for Extension of Time to File Opening Brief (Third). 15-14906 05/26/2015 Order/Procedural Filed Order Granting Motion. Opening Brief and Appendix due: June 15, 2015. 15-15905 06/19/2015 Brief Filed Appellant's Opening Brief. 15-18881 07/07/2015 Notice/Incoming Filed Notice of Bankruptcy Filing. 15-20653 07/14/2015 Brief Filed Respondent's Answering Brief. 15-21387 07/16/2015 Motion Filed Motion to Modify Record on Appeal by Filing Appendix to Include District Court Pleadings and Minutes Post-Dating the Preparation of the Original Record. 15-21548 07/28/2015 Motion Filed Opposition to Motion to Expand Record on Appeal. 15-22753 07/28/2015 Motion Filed Reply to Opposition to Motion to Modify Record on Appeal by Filing Appendix to Include District Court Pleadings and Minutes Post-Dating the Preparation of the Original Record. 15-22844 08/07/2015 Order/Procedural Filed Order Denying Motion. Because the documents Ansara seeks to file in this court were filed in and/or created by the district court after the docketing of this appeal, this court cannot properly consider those documents when resolving this appeal. Accordingly, the motion is denied. 15-23856 08/14/2015 Motion Filed Motion to Extend Time. (Reply Brief) 15-24554 08/28/2015 Order/Procedural Filed Order Granting Motion. Reply Brief due: September 14, 2015. 15-26205 09/18/2015 Order/Procedural Filed Order to Appear and Show Cause. Mr. Sterling shall personally appear before this court with his clients in these appeals on October 6, 2015, at 2:00 p.m., in Las Vegas, and show cause why additional sanctions, including, but not limited to, monetary sanctions, removal as counsel in these appeals, referral to the State Bar for investigation, and/or prohibition from practicing before this court, should not be imposed. Any evidence which Mr. Sterling desires to present on his behalf shall be filed in affidavit form on or before 5:00 p.m. on October 2, 2015. [Fn1 We suspend application of NRAP 25(a)(2)(B)(ii)-(iv), which provides that a document is timely filed if, on or before its due date, it is mailed to this court, dispatched for delivery within three calendar days by a third party commercial carrier, or deposited in the Supreme Court drop box. See NRAP 2. Any affidavit Mr. Sterling wishes to file shall be filed personally, electronically, or by facsimile transmission with the clerk of this court in Carson City. See NRAP 25(a)(2)(B)(i)(v); NRAP 25(a)(4).] Docket nos. 65056/65597/65598/65912/66060/66436. 15-28415 10/02/2015 Order/Procedural Filed Order. The court has ordered attorney Beau Sterling to appear with his clients in these matters on October 6, 2015, at 2:00 p.m. The show cause hearing scheduled for October 6, 2015, shall be confidential and closed to the public, with the exception of Mr. Sterling, his clients in these matters, and Acting Bar Counsel for the State Bar of Nevada. Nos. 65056/65597/65598/65912/66060/66436. 15-30008 10/02/2015 Notice/Incoming Filed Response to Order to Show Cause. Nos. 65056/65597/65598/65912/66060/66436. 15-30037 11/17/2015 Notice/Incoming Filed Notice of Appearance (Karen Wong as counsel for the Appellant). 15-35063 11/17/2015 Motion Filed Motion to Extend Time to File a Reply Brief and to Reject Pending Reply Brief. 15-35067 11/23/2015 Notice/Incoming Filed Status Report per October 6, 2015 Court Directive. Nos. 65056/65597/65598/65912/66060/66436. 15-35693 11/24/2015 Notice/Incoming Filed Status Report Regarding Attorney Beau Sterling. Nos. 65056/65597/65598/65912/66060/66436. 15-35919 12/04/2015 Order/Procedural Filed Order. The clerk of this court shall add attorney Karen K. Wong to the docket of this appeal as counsel of record for appellant. The clerk shall reject the reply brief received on September 21. 2015. Reply Brief due: 30 days. fn1[The clerk shall remove Beau Sterling and Sterling Law, LLC as counsel of record for appellant.] 15-37084 01/05/2016 Brief Filed Appellant's Reply Brief. 16-00251 01/05/2016 Case Status Update Briefing Completed/To Screening. 05/12/2016 Order/Procedural Filed Order Submitting for Decision Without Oral Argument. 16-14933 06/30/2016 Opinion/Dispositional Filed Authored Opinion. "Vacated and remanded." Before: Hardesty/Saitta/Pickering. Author: Saitta, J. Majority: Saitta/Hardesty/Pickering. 132 Nev. Adv. Opn. No. 45. SNP16-JH/NS/KP 16-20451 07/25/2016 Remittitur Issued Remittitur. 16-22975 07/25/2016 Case Status Update Remittitur Issued/Case Closed.