Carr v. Paredes
Carr v. Paredes
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
JOHN CARR, No. 60318 Appellant, vs. GUSTAVO PARED ES; AND KAYLA D.
PAREDES, Respondents.
JOHN CARR, No. 61301 Appellant, vs. GUSTAVO PAREDES; AND KAYLA D.
PAREDES, Respondents.
JOHN CARR, No. 68518 v"- Appellant, vs. GUSTAVO PARED ES; AND KAYLA D.
PAREDES, FILED Respondents.
APR 1 3 2016 ly:LERI<D n TRACE K. LINDEMAN IFFIRC COURT ORDER On February 10, 2014, this court entered a non - dispositional order in Docket Nos. 60318 and 61301, remanding the matter to the district court to make specific findings with regard to a motion for a new trial based on attorney misconduct. The order contemplated that the court would consider the other issues raised on appeal, as well as the amended order regarding the denial of the motion for a new trial, once the amended order was entered. Despite the non - dispositional nature of the order, the remittitur issued on March 7, 2014, due to a clerical error. On July 30, 2015, appellant filed a notice of appeal from the amended order entered upon remand as well as an order challenged in the original appeal. That appeal was docketed separately as Docket No. 68518.
SUPREME COURT OF NEVADA (0) 1947A We direct the clerk to recall the remittitur in Docket Nos. 60318 and 61301 and reinstate those consolidated appeals. The clerk shall also administratively close the appeal in Docket No. 68518 and transfer to Docket Nos. 60318 and 61301 all documents filed in Docket No. 68518.
Respondent has filed a motion to strike portions of the opening brief filed in Docket No. 68518. Having considered the motion, opposition, and reply, we grant the motion to the following extent. The clerk shall strike the opening brief filed on December 30, 2015, in Docket No. 68518.
Appellant shall have 20 days from the date of this order to file and serve an amended opening brief that is identical to the opening brief filed on November 1, 2012, in Docket Nos. 60318 and 61301 with the following exceptions. Appellant may alter the citations to correspond with the page numbers in the appendix filed on December 30, 2015, in Docket No. 68518, and may include additional factual and procedural history and argument solely insofar as they relate to the amended district court order denying the motion for a new trial. Should appellant wish to present supplemental authorities not included in the original opening brief, he may advise the court of such authorities by filing a notice of supplemental authorities as provided in NRAP 31(e). Respondents may file an amended answering brief within 20 days of service of appellant's amended opening brief.
Thereafter, appellant shall have 20 days to file and serve an amended reply brief. The amended answering and reply briefs are subject to the same restrictions discussed above with respect to the amended opening brief.
It is so ORDERED.
01...artra , C. J.
SUPREME COURT OF NEVADA ost10:43.4r4Thit cc: Hon. Kerry Louise Earley, District Judge Phillip Aurbach, Settlement Judge Keating Law Group Pyatt Silvestri Eighth District Court Clerk
SUPREME COURT OF NEVADA
(0) 1947A gi,..alENZEISEVEIEEM ZEMKE
Case-law data current through December 31, 2025. Source: CourtListener bulk data.