Nevada Supreme Court, 2016

Wood v. Caven

Wood v. Caven
Nevada Supreme Court · Decided March 25, 2016

Wood v. Caven

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

WENDY WOOD; AND DOREEN No. 67798 ARMIJO, Appellants, vs. KELLI LYNN CAVEN, Respondent. FILED MAR 2 5 2016 TRACIE K. LINDEMAN CLERK OF SUPREME COURT BY • DEPUTY CLERK

ORDER VACATING SANCTION AND DISMISSING APPEAL On December 30, 2015, we entered an order conditionally imposing sanctions against counsel for appellants for their failure to file the opening brief and appendix. We directed counsel to each pay the sum of $250 to the Supreme Court Law Library by January 14, 2016.

However, the sanction would be automatically vacated if appellants filed and served the opening brief and appendix by January 11, 2016. On February 2, 2016, appellants filed a letter advising that the parties have reached a settlement as well as a notice of settlement requesting that this appeal be dismissed and the conditional sanction vacated.

Despite the untimeliness of the response, we grant the motion.

The conditional sanction imposed on December 30, 2015, is vacated and this appeal is dismissed. However, we remind counsel for appellants that they are not at liberty to disregard orders from this court. Weddell V. Stewart, 127 Nev. Adv. Op. 58, 261 P.3d 1080, 1085 (2011). In the future, if an extension of time is needed to file a document, counsel must file a SUPREME COURT OF NEVADA (0) 1947A ea /6 -09.5 0(0 motion for an extension of time no later than the due date for the brief.

NRAP 31(b)(3).

It is so ORDERED.

Saitta

J.

Gibbeics Pickering

cc: Hon. Jerry A. Wiese, District Judge Persi J Mishel, Settlement Judge Cloward Hicks & Brasier PLLC Richard Harris Law Firm Emerson & Manke, LLP Eighth District Court Clerk Supreme Court Law Librarian

SUPREME COURT OF NEVADA (0) 1947A e

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