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GONZALEZ VS. RIVERA (FAMILY)

24-49795 · 89722 · Nevada (SCOTN/COA) · December 24, 2024

Disposition:Appeal dismissed.Other Family Law

Posture Marco Antonio Gonzalez filed a notice of appeal in the district court on November 26, 2024, and an amended notice of appeal on November 27, 2024, in a family-division matter. Neither notice was accompanied by a case appeal statement. After the Nevada Supreme Court issued a notice and then an order directing the filing of the case appeal statement, and appellant did not comply, the court dismissed the appeal.

Key holdings

- Failure to comply with a Supreme Court order directing the filing of a case appeal statement, after notice and warning under NRAP 3(f)(1) and NRAP 3(a)(2), may result in dismissal of the appeal as abandoned.

Practitioner summary

This is a clerk's order dismissing an appeal for failure to comply with appellate filing requirements. Under NRAP 3(f)(1), a case appeal statement must accompany the notice of appeal. The court issued a notice on December 3, 2024, citing NRAP 3(f)(1), and warned of potential sanctions under NRAP 3(a)(2). After noncompliance, the court issued a December 13, 2024 order requiring filing of the case appeal statement in the district court and submission of a file-stamped copy to the Supreme Court within seven days, with explicit warning that noncompliance would result in dismissal as abandoned. Appellant did not comply, and the court dismissed the appeal accordingly.

In plain language

When a person appeals a decision in Nevada, they must file certain paperwork to get the appeal started. One required document is called a "case appeal statement" - a short form that gives the appellate court basic information about the case being appealed. In this case, Mr. Gonzalez filed a notice of appeal but did not include the case appeal statement. The Nevada Supreme Court sent him a notice on December 3, 2024, telling him to file it. When he still had not filed it, the court issued a follow-up order on December 13, 2024, giving him seven more days and warning that failure to comply could result in the appeal being dismissed as abandoned. Mr. Gonzalez did not file the required statement. As a result, the Supreme Court dismissed his appeal without reaching the merits of whatever family-court ruling he was challenging.

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This summary is independently verified against the source opinion. It is an informational research aid, not legal advice, and no substitute for reading the decision.