The fictitious address: three courts, 2009 to 2014
Order of Affirmance, NSC No. 56169, September 13, 2011, pp. 1-2; Falconi v. Secretary of State, 129 Nev. Adv. Op. 28 (April 25, 2013), slip op. pp. 2, 7; Order of Judge Weller, December 2013, No. CV13-01019 (NSC No. 65289, Record on Appeal Vol. II, pp. 195-196); Order of March 3, 2014 (Vol. II, p. 204) PDF: No. 56169, whole filing PDF: No. 59554, whole filing PDF: No. 65289, pp. 195-197 PDF: No. 65289, pp. 204-206 PDF: No. 59554, whole filing PDF: No. 65289, pp. 204-206
his petition for judicial review of "respondent Secretary of State's decision to issue a fictitious address to the mother of Falconi's child" was denied by the district court for want of jurisdiction, and the Supreme Court affirmed; of his request to convert the appeal into a writ petition "so that the merits of the Secretary of State's issuance of a fictitious address may be reviewed," the court wrote: "We reject this request."
Order of Affirmance, NSC No. 56169, September 13, 2011, pp. 1-2 PDF: No. 56169, whole filing
"We conclude that contrary to Falconi's assertions, the Secretary of State was required to issue the fictitious address to [the other parent] upon the presentation of the temporary restraining order."
Falconi v. Secretary of State, 129 Nev. Adv. Op. 28 (April 25, 2013), slip op. p. 7 PDF: No. 59554, whole filing PDF: No. 59554, whole filing
"As this is not the proper court to consider Falconi's petition for extraordinary relief, we deny the petition."
Same opinion, slip op. p. 2 PDF: No. 59554, whole filing
"[The other parent] failed to appear or present any argument. Accordingly, she has not met her burden of proving that Mr. Falconi was the perpetrator of an act of domestic violence and that she fears further violence. ... Therefore, Mr. Falconi's Petition is hereby GRANTED."
Order of Judge Weller, December 2013, No. CV13-01019 (NSC No. 65289, Record on Appeal Vol. II, pp. 195-196) PDF: No. 65289, pp. 195-197
"The Nevada Supreme Court ruled that the issuance of the fictitious address to [the other parent] was 'proper.'" ... "This Court's ruling did not address whether or not [the other parent] was not a victim of domestic violence."
Order of March 3, 2014 (Vol. II, p. 204), denying his motion for costs against her PDF: No. 65289, pp. 204-206 PDF: No. 65289, pp. 204-206
Documents cited on this page
Order of Affirmance, NSC No. 56169, September 13, 2011whole filing, 31 KB
Falconi v. Secretary of State, 129 Nev. Adv. Op. 28, April 25, 2013whole filing, 1079 KB
Order of Judge Weller granting the petition, December 2013, No. CV13-01019pages 195 to 197 of 232, 195 KB
Order of Judge Weller, March 3, 2014pages 204 to 206 of 232, 202 KBServed copies carry the cited pages, with the minor child's name, the other parent's name, dates of birth and all addresses, phone numbers and email addresses blacked out; nothing else is altered. The complete filings are on the dockets listed under Sources and can be ordered from the Clerk.
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