Case library
Nevada family-law decisions, briefed for practice.
Practitioner summaries with key holdings, posture, disposition, and the statutes cited - up front, where you need them. Every summary links to the full opinion.
83 results for “NRCP 60(b)”
DAGHER VS. DAGHER (CHILD CUSTODY)
Feb 6, 1987103 Nev. 26, 731 P.2d 1329 (1987) · 17427 · Nevada Supreme Court
Reversed; the order changing custody is vacated and the cause remanded for a priority custody hearing, with the child to remain with the father pending the outcome. (Per curiam.)The court reversed the denial of the mother's motion to set aside an order that had changed physical custody of the parties' daughter to the father. The order followed a five-minute hearing set on a purported…
SMITH VS. SMITH (DIVORCE PROPERTY & ALIMONY)
Mar 25, 1986102 Nev. 110, 716 P.2d 229 (1986) · 16662 · Nevada Supreme Court
Reversed and remanded for the community property to be ascertained and divided justly and equitably.The wife moved under NRCP 60(b)(2) to set aside the decree based on fraud, misrepresentation, or other misconduct. The court noted that a Rule 60(b) ruling is affirmed if sufficient evidence in the record supports it…
CAVELL VS. CAVELL (DIVORCE PROPERTY & ALIMONY)
Sep 13, 197490 Nev. 334, 526 P.2d 330 (1974) · 7248 · Nevada Supreme Court
Affirmed as to the denial of alimony; reversed and remanded as to child support for reconsideration and, absent an increase, a statement of the reasons.The court affirmed the denial of alimony and remanded on child support. Under NRS 125.170 and Sweeney v. Sweeney, 42 Nev. 431, 179 P. 638 (1919), a court lacks power to award or modify alimony after a final divorce…
LEE VS. PERRY (CHILD CUSTODY)
May 20, 202626-23130 · 90830-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.**Due process challenge.** The court restated that "[P]rocedural due process requires notice and an opportunity to be heard," Callie v. Bowling, 123 Nev. 181, 183, 160 P.3d 878, 879 (2007), and that "[d]ue process is…
SCHRICKER VS. SCHRICKER
May 16, 202525-22003 · 87984-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.The Court of Appeals addressed a series of assignments of error under differing standards of review. **Jurisdiction.** Reviewing subject matter jurisdiction de novo (Ogawa v. Ogawa, 125 Nev. 660, 667, 221 P.3d 699, 704…
OCCHIUTO VS. OCCHIUTO (DIVORCE PROPERTY & ALIMONY)
Mar 25, 198197 Nev. 143, 625 P.2d 568 (1981) · 12340 · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded (dismissal of the first two causes of action reversed with leave to replead; dismissal of the third and fourth causes of action with prejudice affirmed).This appeal arose from an order dismissing, with prejudice, a post-divorce complaint pleading four causes of action. The Court (Batjer, J.) affirmed in part, reversed in part, and remanded. On judicial notice, the Court…
PERREIRA VS. EISENBERG (CHILD CUSTODY)
May 29, 202424-18709 · 86792-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.The Court of Appeals reviewed the district court's child custody order for abuse of discretion. Roe v. Roe, 139 Nev., Adv. Op. 21, 535 P.3d 274, 284 (Ct. App. 2023). Review focuses on whether the district court "reached…
GARCIA RODRIGUEZ VS. LEON-YANEZ
Apr 29, 202424-14789 · 85289-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.**Standard of review.** The court reviewed the distribution of community property, orders concerning omitted assets, child support, alimony, and attorney fees each for abuse of discretion. See Kogod v. Cioffi-Kogod, 135…
OCASIO VS. WIRSZ (CHILD CUSTODY)
Oct 20, 202222-33067 · 84089-COA · Nevada (SCOTN/COA)
Reversed and remanded.The Court of Appeals reviewed the district court's decision not to hold an evidentiary hearing before denying a motion to modify custody for abuse of discretion, citing Bautista v. Picone, 134 Nev. 334, 338, 419 P.3d…
MURPHY VS. MURPHY (DIVORCE PROPERTY & ALIMONY)
Mar 31, 1987103 Nev. 185, 734 P.2d 738 (1987) · 17631 · Nevada Supreme Court
Reversed and remanded for further proceedings.The court held that the six-month limitation on fraud-based challenges (NRCP 60(b)) does not apply to fraud upon the court, jurisdiction over which is inherent, citing Savage v. Salzmann, 88 Nev. 193, 495 P.2d 367…
MORSE VS. MORSE (TERMINATION OF PARENTAL RIGHTS)
May 19, 198399 Nev. 387, 663 P.2d 349 (1983) · 13640 · Nevada Supreme Court
Affirmed. ("Accordingly, the order of the district court is affirmed.")This was an appeal from the denial of an NRCP 60(b) motion to set aside an adoption order, and the court affirmed. The parties had jointly executed and filed a petition for adoption in September 1979 in which both…
MCCARROLL VS. MCCARROLL (RETIREMENT DIVISION)
May 22, 198096 Nev. 455, 611 P.2d 205 (1980) · 10924 · Nevada (SCOTN/COA)
Affirmed.The Court (per curiam) affirmed summary judgment for the former husband in an action, filed almost three years after a final divorce decree, seeking to have his U.S. Forest Service retirement pension declared a…
SPILSBURY VS. SPILSBURY (DIVORCE PROPERTY & ALIMONY)
Aug 25, 197692 Nev. 464, 553 P.2d 421 (1976) · 8318 · Nevada Supreme Court
Affirmed. ("The district court's order is affirmed.")The court affirmed a dismissal on res judicata grounds. The validity of the property settlement agreement had been distinctly put in issue and directly determined against Jacklyn in the earlier NRCP 60(b) proceeding,…
LAM VS. LAM (DIVORCE PROPERTY & ALIMONY)
Dec 24, 197086 Nev. 908, 478 P.2d 146 (1970) · 6193 · Nevada Supreme Court
The order relating to child support is affirmed; the portion directing the disposition of property interests is reversed and dismissed.The controlling question was whether the husband's appearance to address child custody and support, made almost two years after the default decree (beyond NRCP 60(b) and (c)'s six-month period), also supported a…
MORRIS VS. MORRIS (DIVORCE)
Jan 26, 197086 Nev. 45, 464 P.2d 471 (1970) · 5910 · Nevada Supreme Court
Affirmed.The sole question was whether the district court permissibly concluded that the defendant wife's failure to appear in time was due to excusable neglect under NRCP 60(b)(1), where the motion to set aside the default…
CIPOLLA VS. CIPOLLA (DIVORCE)
Jan 22, 196985 Nev. 43, 449 P.2d 258 (1969) · 5603 · Nevada Supreme Court
Reversed.Augustine Cipolla appealed from an order denying his NRCP 60(b) motion to set aside a default divorce judgment. The plaintiff had filed for divorce in July 1966 and obtained a restraining order causing the defendant to…
DAY VS. DAY (DIVORCE PROPERTY & ALIMONY)
Sep 9, 196682 Nev. 317, 417 P.2d 914 (1966) · 5048 · Nevada Supreme Court
Affirmed in part; reversed and remanded in part. The court affirmed the judgment on the husband's appeal, and on the wife's cross-appeal reversed the limitation of interest and remanded for calculation and award of interest on the arrearages accruing before January 1, 1960.Collins, J. In a proceeding under NRS 125.180 to reduce accrued arrearages under a 1949 divorce decree to judgment (the underlying agreement having been held merged in the decree, Day v. Day, 80 Nev. 386, 395 P.2d 321…
SCHMUTZER VS. SCHMUTZER (CHILD SUPPORT)
Mar 17, 196076 Nev. 123, 350 P.2d 142 (1960) · 4243 · Nevada Supreme Court
Reversed in part and affirmed in part. The court ordered stricken the portion of the modification order relieving the husband of the obligation to pay the $4,800 balance owing on the dwelling, and affirmed the order in all other respects (including the child-support reduction). No costs were allowed.By the Court, McNamee, C.J. On the wife's appeal from an order modifying a 1955 divorce decree, the court reversed in part and affirmed in part. Except as to child custody and support, the decree became final six months…
LA POTIN VS. LA POTIN (DIVORCE)
May 15, 195975 Nev. 264, 339 P.2d 123 (1959) · 3978 · Nevada Supreme Court
Reversed and remanded with instructions that judgment for the defendant be set aside and that judgment be entered for the plaintiff vacating and setting aside the divorce decree of July 21, 1949.Per Curiam. On the wife's appeal from a judgment for the husband in her independent action to set aside a 1949 divorce decree he had obtained, the court reversed and remanded. The sole issue was whether the record…
CICERCHIA VS. CICERCHIA (DIVORCE)
Apr 4, 196177 Nev. 158, 360 P.2d 839 (1961) · 4342 · Nevada Supreme Court
Affirmed. ("Affirmed.")On the husband's appeal from an order setting aside a default and divorce decree, the court reviewed relief under NRCP 60(b) and NRCP 55(c). It held such relief is addressed largely to the sound discretion of the trial…
BURTON VS. BURTON (RETIREMENT DIVISION)
Sep 27, 198399 Nev. 698, 669 P.2d 703 (1983) · 14836 · Nevada Supreme Court
Motion to remand granted; appeal remanded to the district court for consideration of the motion to modify in light of the intervening federal and state law. ("Accordingly, the motion to remand is granted.")This appeal presented a threshold jurisdictional question and a remand request arising from the post-McCarty statutory landscape. The decree, entered June 18, 1982, confirmed the respondent's military retirement…
BARTON VS. BARTON (CHILD CUSTODY)
Jan 31, 202424-03620 · 86753-COA · Nevada (SCOTN/COA)
Reversed and remanded.The Court of Appeals reviewed the district court's custody order for abuse of discretion, citing Roe v. Roe, 139 Nev., Adv. Op. 21, 535 P.3d 274, 284 (Ct. App. 2023) ("A district court's custody order is reviewed for an…
FOLLETT VS. FOLLETT (FAMILY)
Apr 14, 202626-17096 · 90905-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the district court's divorce-related decisions for an abuse of discretion, citing Williams v. Williams, 120 Nev. 559, 566, 97 P.3d 1124, 1129 (2004), and Davitian-Kostanian v. Kostanian,…
HE VS. SU
Jul 10, 202323-21969 · 85068-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.The Court of Appeals reviewed both the grant of NRCP 60(b) relief and the modification of the alimony obligation for abuse of discretion, citing Rodriguez v. Fiesta Palms, LLC, 134 Nev. 654, 656, 428 P.3d 255, 257…
Bradford v. Eighth Jud. Dist. Ct.
Aug 29, 2013129 Nev. 584, 308 P.3d 122 (2013) · 61129 · Nevada Supreme Court
Petition denied.The court's consideration of extraordinary writ relief is discretionary. Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 198, 179 P.3d 556, 559 (2008). Writ relief is available only "when there is…
WALSH VS. WALSH (RETIREMENT DIVISION)
Jun 25, 1987103 Nev. 287, 738 P.2d 117 (1987) · 17776 · Nevada Supreme Court
Reversed.The court construed the divorce decree rather than modifying it (modification being barred by the six-month limit of NRCP 60(b); see Kramer v. Kramer, 96 Nev. 759, 616 P.2d 395 (1980)). Applying the settled rule that…
COLBY VS. COLBY (DIVORCE)
Mar 27, 196278 Nev. 150, 369 P.2d 1019 (1962) · 4440 · Nevada Supreme Court
Reversed. ("Reversed.")On appeal from a summary judgment vacating a 1955 Nevada default divorce decree, the court held the complaint stated no claim for relief. First, an independent action to set aside a divorce decree lies only for…
KRICK VS. KRICK (DIVORCE PROPERTY & ALIMONY)
Jan 29, 196076 Nev. 52, 348 P.2d 752 (1960) · 4225 · Nevada Supreme Court
Affirmed with costs to respondent.By the Court, Pike, J. On the husband's appeal from denial of his NRCP 60(b)(4) motion to enter satisfaction of judgment, the court affirmed. The 1946 decree incorporated a property settlement providing $750 monthly…
BLOUNT VS. BLOUNT (CHILD CUSTODY)
Jul 7, 2022138 Nev. Adv. Op. 52, 512 P.3d 1254 (2022) · 82095 · Nevada Supreme Court
Affirmed.This is a matter of first impression interpreting NRS 125A.465, Nevada's UCCJEA registration provision. The court applied de facto plain-meaning statutory construction, citing Washoe Med. Ctr. v. Second Judicial Dist.…
ROSIAK VS. ROSIAK C/W 86632
Feb 22, 202424-06443 · 85464-COA · Nevada (SCOTN/COA)
Affirmed in part, vacated in part, and remanded ("ORDER the judgment of the district court AFFIRMED IN PART AND VACATED IN PART AND REMAND this matter to the district court for proceedings consistent with this order.").**Standard of review.** The court reviews "decisions regarding child support for an abuse of discretion," Romano v. Romano, 138 Nev. 1, 7, 501 P.3d 980, 985 (2022), abrogated in part on other grounds by Killebrew v.…
RUPEL VS. GALTEN
Aug 16, 202323-26776 · 84076-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.The Court of Appeals reviewed divorce-proceeding decisions for abuse of discretion, declining to disturb decisions supported by substantial evidence - "evidence that 'a sensible person may accept as adequate to sustain…
SUMMIT VS. SUMMIT (CHILD CUSTODY)
Jun 29, 202323-20781 · 84856-COA · Nevada (SCOTN/COA)
Affirmed in part and dismissed in part.The Court of Appeals reviewed the child custody determination for abuse of discretion under Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007). It applied the two-part framework from Romano v. Romano, 138…
BACKMAN VS. GELBMAN (CHILD CUSTODY) C/W 91070
Jun 16, 202688482-COA · Nevada (SCOTN/COA)
Affirmed. ("we ORDER the judgments of the district court AFFIRMED.")**Standard of review.** The court reviewed child-custody determinations, including parenting-time decisions, for abuse of discretion, affirming factual findings supported by substantial evidence and leaving credibility…
Every summary is independently verified against the source opinion; summaries are informational research aids, not legal advice, and no substitute for reading the decision. Topic groupings are derived automatically from each case’s category tag and cited statutes; a case may appear under two topics.