MONTERROSO-RIVERA VS. ROSALES (CHILD CUSTODY)

Key holdings

Practitioner summary

This is an appeal from a decree of divorce governed by NRAP 3E. Following an order entered November 24, 2025, granting appellant's counsel's motion to withdraw, the court directed appellant to retain new counsel, request an extension, or notify the court in writing of her intent to proceed pro se within 28 days. After noncompliance, a January 6, 2026, order extended the deadline by 14 days and cautioned that noncompliance could result in dismissal. Respondent moved to dismiss for failure to participate; no opposition was filed. Finding that appellant "has abandoned this appeal," the court granted the motion and dismissed. The order resolves the appeal on participation grounds without reaching the merits of the divorce decree.

In plain language

This case began as a divorce. After the trial court entered a divorce decree, the wife appealed to the Nevada Supreme Court. While the appeal was pending, her lawyer was permitted to withdraw - meaning the lawyer was allowed to stop representing her. On November 24, 2025, the court gave her 28 days to either hire a new lawyer, ask for more time to find one, or tell the court in writing that she would represent herself. She did not respond. On January 6, 2026, the court gave her another 14 days to take one of those steps and warned her that if she did not, her appeal could be dismissed. She still did not respond or contact the court. The husband then asked the court to dismiss the appeal because she was no longer participating. She did not file any response to that motion either. The Nevada Supreme Court concluded that she had abandoned her appeal and dismissed it. As a practical matter, that means the divorce decree from the lower court stands, and the Supreme Court will not review the merits of her challenge.