JASSO-MARTINEZ VS. RODRIGUEZ LARA (CHILD CUSTODY)

Key holdings

Practitioner summary

The court dismissed the appeal for lack of appellate jurisdiction. Reviewing the notice of appeal and accompanying documents, the court determined that the challenged district court order - which (1) found a prima facie showing that modifying custody is in the children's best interest, (2) referred the parties to mediation regarding visitation, and (3) set a hearing if mediation failed - is not appealable under NRAP 3A(b)(7) because it does not finally establish or modify custody. Citing Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013), the court reiterated that it "may only consider appeals authorized by statute or court rule." Finding no other statute or rule authorizing an appeal from the order at issue, the court dismissed the appeal. The court also denied appellant's pro se motion to accept documents and a flash drive, ordered the clerk to return those exhibits unfiled, and took no action on appellant's pro se transcript request form or document filed July 31, 2024.

In plain language

This is a child-custody case between two parents. The father, representing himself, tried to appeal a decision the family court judge made before the custody question was finally resolved. The judge had ruled that the father made a "prima facie" showing - meaning enough of an initial showing - that changing custody might be in the children's best interest, and the judge sent the parents to mediation on visitation, with a later hearing scheduled if mediation failed. The Nevada Supreme Court did not decide whether the family court was right or wrong about custody. Instead, the Supreme Court concluded that it could not hear the appeal at all, because the order being challenged was not the kind of order Nevada law allows a party to appeal. Under the rule governing appeals in family cases, a party generally can appeal an order that finally establishes or changes custody. This order did neither - it only said there was enough to look further into the question and sent the parents to mediation. Because no statute or court rule permitted an appeal from this kind of interim order, the Supreme Court dismissed the appeal for lack of jurisdiction. The court also denied the father's motion to accept documents and a flash drive, directed the clerk to return those materials unfiled, and took no action on his transcript request given the dismissal.