MARTINELLI VS. DEL REAL (FAMILY)

Key holdings

Practitioner summary

This is a pro se appeal from a final judgment denying a petition for nonparent visitation entered after resolution of a timely tolling motion. The Nevada Supreme Court dismissed the appeal under NRAP 31(d) for failure to file an opening brief. The court issued a June 27, 2024 notice setting an October 28, 2024 deadline for appellant to file either an NRAP 28(a)- and NRAP 32-compliant opening brief or the clerk-provided "Informal Brief Form for Pro Se Parties," with notice that noncompliance could result in dismissal pursuant to NRAP 31(d). After appellant missed the deadline, the court issued a November 7, 2024 order extending 7 additional days and reiterating the NRAP 31(d) warning. Appellant filed nothing and did not otherwise communicate with the court. The court concluded the appeal had been abandoned and ordered dismissal.

In plain language

Michael Martinelli asked a Clark County family court to grant him visitation rights as a nonparent (a person who is not the child's legal parent seeking court-ordered time with the child). The family court denied his petition, and Martinelli, representing himself without a lawyer, appealed that denial to the Nevada Supreme Court. When someone appeals, they must file an "opening brief" - a written document explaining to the appellate court why the lower court got it wrong. The Supreme Court told Martinelli on June 27, 2024, that he had until October 28, 2024, to file either a formal brief or a simpler "Informal Brief Form for Pro Se Parties" designed for people without lawyers. The court warned him that missing the deadline could end his appeal. Martinelli did not file anything by the deadline. On November 7, 2024, the court gave him another 7 days and repeated the warning. He still did not file a brief or contact the court. Because he never explained why the family court's decision should be overturned, the Supreme Court concluded he had abandoned his appeal and dismissed it. Dismissal here means the appeal is over without the Supreme Court ever ruling on whether the family court was right or wrong about the visitation petition.