Mosley v. Mosley

58312: Case View

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Cases Participant Search Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 58312 Short Caption: MOSLEY VS. MOSLEY Classification: Civil Appeal - General - Other Lower Court Case(s): Clark Co. - Eighth Judicial District - D424559 Case Status: Disposition Filed Disqualifications: Panel Assigned: Panel Replacement: To SP/Judge: SP Status: Oral Argument: Oral Argument Location: Submission Date: 08/22/2014 How Submitted: On Documents + Party Information Role Party Name Represented By Appellant Jorja Mosley In Proper Person Respondent Darrol Stroud Mosley Rhonda L. Mushkin (Rhonda L. Mushkin, Chtd.) Respondent Irwin H. Klein In Proper Person + Due Items Due Date Status Due Item Due From 12/12/2014 Open Remittitur 14-37643: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Docket Entries Date Type Description Pending? Document 05/10/2011 Filing Fee Filing Fee due. 05/10/2011 Notice of Appeal Documents Filed Notice of Appeal/Proper Person Pilot Program. Filed certified copy of proper person notice of appeal. MOSLEY VS. MOSLEY - D424559 11-13926 05/10/2011 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. 11-13928 05/16/2011 Notice of Appeal Documents Filed Documents from District Court Clerk. Confidential Civil Cover Sheet (SEALED). 05/23/2011 Filing Fee Filing Fee Paid. $250.00 from Jorja Mosley. Money Order No. 14-296613110. 05/23/2011 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. 06/10/2011 Transcript Request Filed Civil Proper Person Transcript Request Form. 11-17298 07/07/2011 Motion Filed Proper Person Motion. Motion for Extension of Time to File Civil Proper Person Appeal Statement. 11-20336 08/15/2011 Transcript Filed Notice from Court Reporter. Shelly Ajoub stating that the requested transcripts were delivered. Dates of transcripts: 1/24/11. 11-24819 09/01/2011 Order/Procedural Filed Order Denying as Moot Motion for Extension of Time. Appellant: Civil Proper Person Statement due: 15 days. 11-26702 09/19/2011 Brief Filed Civil Proper Person Appeal Statement. 11-28587 10/11/2011 Motion Filed Emergency Motion to Withdraw as Counsel of Record and to Toll Appeal; or in the Alternative, Motion to Expend Time to File Response to Proper Person Appeal Statement. 11-31216 10/21/2011 Order/Procedural Filed Order Directing Transmission of Record and Directing Service. Record due: 30 days. Appellant: Cerificate of Service due: 20 days. 11-32540 11/07/2011 Motion Filed Notice of Withdrawal of Emergency Motion to Withdraw as Counsel of Record and to Toll Appeal; or in the Alternative, Motion to Expend Time to File Response to Proper Person Appeal Statement. 11-34212 11/10/2011 Record on Appeal Documents Filed Record on Appeal Vols 1 thru 4 (via FTP). 11-34832 11/10/2011 Case Status Update Submitted for Decision. 01/03/2012 Order/Procedural Filed Order Allowing Withdrawal of Motion. We grant the November 7 motion to withdraw the October 11 motion. 12-00156 04/17/2012 Order/Procedural Filed Order Directing Service. Appellant: Certificate of Service due: 11 days. 12-12363 04/25/2012 Notice/Incoming Filed Proper Person Certificate of Service of Notice of Appeal. 12-13150 05/17/2012 Notice/Incoming Filed Suggestion of Death Upon the Record Under NRCP 25(a)(1). 12-15717 05/21/2012 Notice/Incoming Filed Proper Person Notice of Suggestion of Death (with Respondent's Attorney's copy filed in District Court attached). 12-15996 06/18/2012 Motion Filed Motion of Withdrawal of Attorney. 12-19019 09/17/2012 Order/Procedural Filed Order Regarding Suggestion of Death. Counsel for respondent shall have 20 days from the date of this order within which to (1) file a motion for the substitution of a personal representative, (2) inform this court whether additional time is required for the substitution of a personal representative, or (3) inform this court that respondent has no personal representative. Fn1[ We defer ruling on counsel's June 18, 2012, motion to withdraw as counsel.] 12-29361 10/11/2012 Motion Filed Response to Order Regarding Suggestion of Death. 12-32292 12/17/2012 Order/Procedural Filed Order Regarding Substitution of a Personal Representative for Respondent and Directing a Response from Appellant. We direct Diana Parker to inform this court within 30 days from the date of this order whether she is respondent's personal representative and intends to file a substitution as respondent's personal representative with this court. We direct respondent's counsel, within 15 days from the date of this order, to serve her June 18, 2012, motion to withdraw on Ms. Parker and file in this court a properly completed certificate of service. We defer ruling on the motion to withdraw pending further order of this court. We direct Jorja Mosely, within 30 days from the date of this order, to advise this court whether she intends to pursue this appeal. 12-39851 12/26/2012 Notice/Incoming Filed Certificate of Service. Copy of Withdrawal of Attorney served on Diane Parker, personal representative of Darrol Mosley, deceased, from Rhonda Mushkin, former counsel. 12-40697 01/16/2013 Letter/Incoming Filed Proper Person Letter from Dianne Parker. She does not wish to be Darrol Stroud Mosley's personal Representative. 13-01845 01/30/2013 Letter/Incoming Filed Proper Person Letter in response to the December 17, 2012 order. 13-03216 02/22/2013 Order/Procedural Filed Order Directing Response. Appellant shall have 60 days from the date of this order to either: (1) locate a personal representative for respondent and cause that representative to be substituted on behalf of respondent in this appeal by filing a motion for substitution, or (2) advise this court that she was unable to obtain a personal representative for respondent. We again defer ruling on respondent's counsel's motion to withdraw pending further order of this court. 13-05664 04/22/2013 Notice/Incoming Filed Notice of Appearance of Counsel (Robert O. Kurth, Jr., of the Kurth Law Office appearing on behalf of Appellant, Jorja Mosley). 13-11817 04/22/2013 Motion Filed Motion to Extend Time to File a Motion to Substitute a Personal Representative for the Respondent. 13-11818 05/03/2013 Order/Procedural Filed Order Granting Motion for Extension of Time. Appellant shall have 90 days from the date of this order to cause a personal representative or special administrator to be substituted for respondent. 13-13042 08/01/2013 Motion Filed Motion to Substitute A Personal Representative for the Respondent. 13-22702 09/27/2013 Order/Procedural Filed Order Directing Supplement to Motion. Appellant: Supplement to motion indicating whether the district court has entered an order appointing Mr. Klein as a special administrator due: 15 days. We again defer ruling on the June 18, 2012, motion to withdraw filed by respondent's counsel Rhonda L. Mushkin, Esq. 13-28957 10/18/2013 Notice/Incoming Filed Affidavit of Service. (Affidavit of Personal Service on Irwin H. Klein, of Withdrawal of Attorney; Stipulation to Allow Withdrawal of Counsel and Cover Letter dated October 7, 2013) 13-31469 11/08/2013 Motion Filed Motion to Allow Filing of Supplement to Motion. 13-33577 12/09/2013 Order/Procedural Filed Order Granting Motion for Extesnion of Time. Appellant: Supplement due: 11 days. 13-36921 12/13/2013 Motion Filed Supplement to Motion to Substitute a Personal Representative for the Respondent. 13-37739 12/23/2013 Order/Procedural Filed Order Granting Motion to Substitute, Granting Motion to Withdraw, and Setting Briefing Schedule. We grant the request to substitute Irwin H. Klein as a personal representative for respondent in this appeal. The clerk of this court shall modify the caption so that "Irwin H. Klein, as Special Administrator of the Estate of Darrol Stroud Mosley" is designated as the respondent to this appeal. The clerk of this court shall remove Rhonda L. Mushkin, Chtd., as counsel for respondent in this appeal. Because appellant has retained counsel in this appeal, this matter no longer stands submitted on the proper person appeal statement. Appellant: Transcript Request due: 14 days; Opening Brief due: 60 days. Appellant shall state on the cover page of the opening brief whether it is a replacement brief or a supplement to appellant's previously filed proper person appeal statement. Although respondent is proceeding without legal representation, we grant respondent leave to file an answering brief. Respondent shall have 30 days after service of the opening brief to file and serve the answering brief. Appellant shall have 30 days after service of the answering brief to file and serve any reply. 13-38929 01/07/2014 Motion Filed Motion to Extend Time to Certify or Designate Supplemental Transcripts. 14-00559 01/27/2014 Order/Procedural Filed Order Granting Motion for Extension of Time. Appellant: Supplemental Transcript Request due: 20 days. 14-02675 02/24/2014 Transcript Request Filed Certificate That No Additional Transcripts Are Requested. 14-05859 02/24/2014 Motion Filed Motion to Extend Time to File and Serve Appellant's Opening Brief. 14-05860 03/28/2014 Order/Procedural Filed Order Granting Motion for Extension. Appellant shall have until April 22, 2014, to file and serve the opening brief and appendix. 14-09824 04/11/2014 Other Received Returned Mail. Order filed 3/28/14 addressed to Irwin H. Klein. Per USPS, "return to sender, unable to forward". 04/23/2014 Motion Filed Motion to Extend Time to File and Serve Appellant's Opening Brief (Second Request) 14-13028 05/29/2014 Order/Procedural Filed Order Partially Granting Motion for Extension of Time. Appellant: 60 days to file and serve the opening brief and appendix or to file and serve a status report updating this court on the status of any resolution in this matter. 14-17403 07/01/2014 Letter/Incoming Received Proper Person Letter Re: Representation of Jorja Mosley and Darrol Stroud Mosley. Disengagement Notice. (FILED PER ORDER 7/21/2014). 07/21/2014 Order/Procedural Filed Order Regarding Withdrawal of Counsel. To the extent that appellant's letter is an attempt to remove attorney Robert O. Kurth and replace herself in his stead, it is disapproved. Attorney Kurth's motion to withdraw due: 11 days. fn1[The clerk of this court shall file appellant's proper person letter provisionally received on July 1, 2014.] 14-23505 07/21/2014 Letter/Incoming Filed Proper Person Letter Re: Representation of Jorja Mosley and Darrol Stroud Mosley. Disengagement Notice. (FILED PER ORDER 7/21/2014). 14-21422 08/22/2014 Order/Procedural Filed Order Removing Counsel and Submitting Appeal for Decision. We direct the clerk of this court to remove Kurth Law Offices and attorney Robert O. Kurth, Jr. as appellant's counsel on the docket. This appeal shall stand submitted on the civil proper person appeal statement and record currently before this court, and this matter will be resolved as soon as this court's docket allows. Fn1[Because appellant is no longer represented by counsel and will not be filing an opening brief, no answering brief from respondent is due.] 14-27826 08/22/2014 Case Status Update Submitted for Decision. 09/19/2014 Order/Procedural Filed Order to Show Cause. Appellant: 30 days to show cause why this appeal should not be dismissed for lack of jurisdiction. 14-31179 10/17/2014 Letter/Incoming Filed Proper Person Letter. (Response to Order) 14-34642 11/14/2014 Order/Dispositional Filed Order Dismissing Appeal. "ORDER this appeal DISMISSED." SNP14-JH/MD/MC. 14-37643