BAUER v. BAUER (2020)

ORDER DISMISSING APPEAL

This is a pro se appeal. Eighth Judicial District Court, Clark County; Joanna Kishner, Judge.

On July 23, 2019, this court entered an order dismissing this appeal in part and directing appellant to file and serve, by October 21, 2019, either (1) an opening brief in compliance with NRAP 28 and 32 or (2) an informal brief for pro se parties on the form provided by the clerk of this court.¹ The order cautioned that failure to comply could result in the imposition of sanctions, including the dismissal of this appeal. NRAP 31(d). Appellant did not comply or otherwise communicate with this court. Accordingly, on November 12, 2019, this court entered an order directing appellant to file and serve, by November 26, 2019, either (1) an opening brief in compliance with NRAP 28 and 32 or (2) an informal brief for pro se parties on the form provided by the clerk of this court.² The order cautioned that failure to comply could result in the dismissal of this appeal as abandoned.

To date, appellant has failed to file an opening brief or an informal brief or otherwise communicate with this court. Accordingly, it appears that appellant has abandoned this appeal, and this court

ORDERS this appeal DISMISSED.

ATTACHMENT A

IN THE SUPREME COURT OF THE STATE OF NEVADA

MARTA BAUER, AN INDIVIDUAL, Appellant,

vs.

FRANK H. BAUER, AN INDIVIDUAL, Respondent.

No. 77499

FILED JULY 23, 2019

ORDER PARTIALLY DISMISSING APPEAL

Cause appearing, Frank H. Bauer’s motion for a voluntary dismissal of his appeal is granted. The appeal of Frank H. Bauer is dismissed. NRAP 42(b). The clerk shall modify the caption of this appeal consistent with the caption on this order.

Marta Bauer shall have 14 days from the date of this order to serve a transcript request form in compliance with NRAP 9(a) and no transcripts will be requested, Marta shall file and serve a certificate to that effect within the same time period. Id. Marta shall have 90 days from the date of this order to file and serve either (1) an opening brief in compliance with NRAP 28 and 32, or (2) an informal brief for pro se parties on the form provided by the clerk of this court. Failure to timely file an informal brief or an opening brief may result in the imposition of sanctions, including the dismissal of this appeal. NRAP 31(d).

It is so ORDERED.

Gibbons, C.J.

cc: Hon. Joanna Kishner, District Judge

Eleissa C. Lavelle, Settlement Judge

Malcolm P LaVergne & Associates

Marta Bauer

Eighth District Court Clerk

ATTACHMENT B

IN THE SUPREME COURT OF THE STATE OF NEVADA

MARTA BAUER, AN INDIVIDUAL, Appellant,

vs.

FRANK H. BAUER, AN INDIVIDUAL, Respondent.

No. 77499

FILED NOVEMBER 12, 2019

ORDER

On July 23, 2019, this court entered an order directing appellant, among other things, to file and serve the either (I) an opening brief in compliance with NRAP 28 and 32, or (2) an informal brief for pro se parties on the form provided by the clerk of this court by October 21, 2019. To date, appellant has failed to comply with the order or otherwise communicate with this court.

Appellant Marta Bauer shall have 14 days from the date of this order to file and serve the either (1) an opening brief in compliance with NRAP 28 and 32, or (2) an informal brief for pro se parties on the form provided by the clerk of this court. Failure to comply with this order may result in the dismissal of this appeal as abandoned.

It is so ORDERED.

Gibbons, C.J.

cc: Malcolm P LaVergne & Associates

Marta Bauer

FOOTNOTES

1.   A copy of this order is attached.

2.   A copy of this order is attached.