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VIVAS VS. RAMOS (CHILD CUSTODY)

24-25531 · 88917 · Nevada (SCOTN/COA) · July 22, 2024

Disposition:Appeal dismissed.Custody & Relocation

Posture Stephanie Vivas docketed an appeal against David Ramos in a child custody matter on June 28, 2024, without paying the required filing fee. The Supreme Court issued a notice that same day directing her to pay the fee or demonstrate compliance with NRAP 24 within 14 days, warning that noncompliance would result in dismissal.

Editorial review flagged 5 item(s) at material severity. Verify against the source PDF before relying.

Key holdings

- An appeal docketed without payment of the filing fee required by NRAP 3(e), where the appellant does not respond to a notice directing payment or compliance with NRAP 24, is subject to dismissal under NRAP 3(a)(2).

Practitioner summary

The court dismissed the appeal under NRAP 3(a)(2) for failure to pay the filing fee required by NRAP 3(e) and for failure to demonstrate compliance with NRAP 24 (governing in forma pauperis proceedings) within the 14-day period set by the court's notice. The order reflects the court's standard enforcement of its filing-fee and notice-of-default procedures and contains no merits analysis.

In plain language

When someone files an appeal with the Nevada Supreme Court, they generally must pay a filing fee (or, if they cannot afford it, follow a specific procedure to ask the court to waive the fee). In this child custody case, Stephanie Vivas filed an appeal but did not pay the fee when she submitted her paperwork. The court promptly notified her that she had 14 days either to pay the fee or to follow the rule that allows people who cannot afford the fee to proceed without paying it. The notice warned that if she did neither, her appeal would be thrown out. According to the court's order, Vivas did not pay and did not respond. The court therefore dismissed her appeal. The dismissal is procedural - the court did not consider the merits of the underlying child custody dispute.

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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.