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KAGAN VS. KAGAN (FAMILY)

25-28627 · 90131 · Nevada (SCOTN/COA) · June 30, 2025

Disposition:Appeal dismissed.Other Family Law

Posture Albert Jonathon Kagan appealed in a family-law matter from the Eighth Judicial District Court (Hon. Vincent Ochoa). On May 2, 2025, the Nevada Supreme Court ordered him, within 30 days, to either pay the filing fee or file an updated application to proceed in forma pauperis in the district court and file a file-stamped copy in the Supreme Court, citing NRAP 3(e). The order warned that noncompliance would result in dismissal.

Key holdings

- An appellant's failure to pay the filing fee or file an updated in forma pauperis application in compliance with NRAP 3(e), after being directed to do so and warned of the consequences, warrants dismissal under NRAP 3(a)(2).

Practitioner summary

The court dismissed the appeal for failure to comply with NRAP 3(e), which governs the filing fee and in forma pauperis procedure on appeal. After issuing a May 2, 2025 order directing appellant within 30 days to pay the filing fee or file an updated IFP application in the district court and a file-stamped copy in the Supreme Court, and warning that noncompliance would result in dismissal, the court received no response. The court dismissed pursuant to NRAP 3(a)(2).

In plain language

This is a short procedural order, not a ruling on the merits of the underlying family-law dispute between Albert Jonathon Kagan and April Deeann Kagan. When someone files an appeal in Nevada, they generally must pay a filing fee or, if they cannot afford it, ask the court for permission to proceed without paying (called proceeding "in forma pauperis"). The Nevada Supreme Court had earlier told Mr. Kagan he had 30 days to do one of those two things, and warned him that if he did not, his appeal would be thrown out. He did neither and did not otherwise respond to the court's order. As a result, the Supreme Court dismissed the appeal. The court did not decide any of the family-law issues Mr. Kagan wished to raise.

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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.