BRUMBY VS. BRUMBY (CHILD CUSTODY)

Key holdings

Practitioner summary

The court dismissed the appeal under NRAP 3(a)(2) for failure to pay the filing fee required by NRAP 3(e) and failure to comply with NRAP 24 after notice. The court issued its deficiency notice on October 21, 2022, gave appellant 14 days to cure, and warned that noncompliance would result in dismissal. Receiving no response, the court dismissed without reaching any substantive issue in the underlying child custody appeal.

In plain language

This is a brief administrative order ending an appeal before the Nevada Supreme Court could consider its merits. When someone files an appeal in Nevada, court rules require either payment of a filing fee or a showing that the filer qualifies to proceed without paying (an in forma pauperis application under NRAP 24). In this case, the appellant did neither. The court issued a notice on the same day the appeal was docketed telling her she had 14 days to either pay the fee or show she qualified to skip it, and warning that the appeal would be dismissed if she did not respond. She did not respond, so the court dismissed the appeal. The order does not address the underlying child custody dispute.