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.
58 results for “NRCP 60(b)(1)”
LUONG VS. VAHEY (CHILD CUSTODY)
Nov 30, 202222-37693 · 83929-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.**NRCP 60(a).** The court reviewed the denial of clerical-correction relief for abuse of discretion. Mack v. Estate of Mack, 125 Nev. 80, 93, 206 P.3d 98, 107 (2009); Frontier Ins. Serv., Inc. v. State, 109 Nev. 231,…
TAVARES VS. TAVARES
Mar 4, 202626-10136 · 88218-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the district court's denial of an NRCP 60 motion to set aside for abuse of discretion, citing Cook v. Cook, 112 Nev. 179, 181-82, 912 P.2d 264, 265 (1996). It first established the…
BYRD VS. BYRD
Sep 30, 2021137 Nev. Adv. Op. 60, 501 P.3d 458 (Ct. App. 2021) · 80548-COA · Nevada Supreme Court
Reversed and remanded.Standard of review. The denial or grant of a motion under NRCP 60(b) is reviewed for abuse of discretion, with no deference to legal error. Cook v. Cook, 112 Nev. 179, 181-82, 912 P.2d 264, 265 (1996); AA Primo…
LUCIANO VS. LUCIANO (CHILD CUSTODY)
Jul 7, 202222-21375 · 83522-COA · Nevada (SCOTN/COA)
Dismissed in part and affirmed in part. The court ordered "the judgment of the district court AFFIRMED" as to the orders denying NRCP 60(b) relief, and dismissed the appeal insofar as it challenged the decree of divorce.The court addressed a jurisdictional bar and then the merits under an abuse-of-discretion standard. On jurisdiction, the court held Amy's September 17, 2021, notice of appeal was untimely as to the June 2020 divorce…
PATTERSON VS. PATTERSON
Apr 12, 202424-12779 · 84932-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")This is an appeal from the denial of an NRCP 60(b) motion to set aside a stipulated divorce decree. The Court of Appeals reviewed the district court's ruling for abuse of discretion, noting that it "will not disturb the…
IN RE: GUARDIANSHIP OF M.J.M AND F.M.M. (CHILD CUSTODY)
Apr 21, 202323-12469 · 85423 · Nevada (SCOTN/COA)
Affirmed in part and dismissed in part.The court reviewed the denial of Andrew's NRCP 60(b)(6) motion for abuse of discretion, citing Vargas v. J Morales, Inc., 138 Nev., Adv. Op. 38, 510 P.3d 777, 780 (2022). Applying the rule that NRCP 60(b)(6) relief is…
SMITH VS. SMITH (DIVORCE)
Oct 26, 196682 Nev. 384, 419 P.2d 295 (1966) · 5093 · Nevada Supreme Court
Affirmed.Thompson, J. The issue was whether the premature entry of a default divorce decree renders it void or merely voidable. The court held the decree voidable. Personal jurisdiction attached when the defendant was served…
IN RE: PETITION OF KATHERINE ANNE P.
Jun 6, 2024140 Nev. Adv. Op. 37 (2024) · 86192 · Nevada Supreme Court
Reversed.Standard of review. The Court reviews NRCP 60(b) rulings for abuse of discretion, citing Cook v. Cook, 112 Nev. 179, 181-82, 912 P.2d 264, 265 (1996), and Skender v. Brunsonbuilt Constr. & Dev. Co., 122 Nev. 1430, 1435,…
NURI VS. JARSO (CHILD CUSTODY)
May 12, 202323-15029 · 84127 · Nevada (SCOTN/COA)
Affirmed.The Court first addressed appellate jurisdiction. Citing NRAP 3A(b)(8), the Court held the order setting aside the divorce decree was a special order after final judgment and therefore appealable. See Brown v. MHC…
ALHEIYAL VS. SWENSEN (CHILD CUSTODY)
Oct 14, 202424-38531 · 88055-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the denial of a motion to set aside a divorce decree for abuse of discretion, citing Rodriguez v. Fiesta Palms, LLC, 134 Nev. 654, 656, 28 P.3d 255, 257 (2018), and Cook v. Cook, 112 Nev.…
FAUGHNAN VS. FAUGHNAN
May 17, 202424-17537 · 86279-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The court reviewed the denial of NRCP 60(b)(1) relief for abuse of discretion, citing *Willard v. Berry-Hinckley Indus.*, 136 Nev. 467, 469, 469 P.3d 176, 179 (2020). Under NRCP 60(b)(1), a district court may relieve a…
NORMAN VS. STAMPER (FAMILY)
Jun 26, 202525-28168 · 88904-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the denial of a NRCP 60(b)(3) motion for abuse of discretion, citing Vargas v. J Morales Inc., 138 Nev. 384, 387, 510 P.3d 777, 780 (2022) ("The district court has wide discretion to grant…
CARLSON VS. CARLSON (RETIREMENT DIVISION)
Jul 2, 1992108 Nev. 358, 832 P.2d 380 (1992) · 22510 · Nevada Supreme Court
Reversed and remanded (order vacating the domestic relations referee's recommendations reversed; remanded for further proceedings).Motions under NRCP 60(b) lie within the district court's sound discretion and are reviewed for abuse of discretion; the rule is liberally construed to redress injustices resulting from excusable neglect or the wrongs of…
LARSON VS TRAUTMAN (FAMILY)
Sep 25, 202525-41922 · 89636-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER OF AFFIRMANCE")The Court of Appeals reviewed the denial of Larson's NRCP 60(b) motions for abuse of discretion, stating it will uphold the district court's decision to grant or deny an NRCP 60(b) motion if sufficient evidence in the…
DAVIS VS. TROTTA (CHILD CUSTODY)
Apr 3, 202626-15252 · 90587-COA · Nevada (SCOTN/COA)
Affirmed.The Court of Appeals reviewed the denial of an NRCP 60(b)(1) motion for an abuse of discretion, citing Rodriguez v. Fiesta Palms, LLC, 134 Nev. 654, 656, 428 P.3d 255, 257 (2018), holding modified by Willard v.…
WARD VS. VILLAFLOR (CHILD CUSTODY)
May 30, 202323-16877 · 85148-COA · Nevada (SCOTN/COA)
Affirmed. ("we also affirm the district court's order in Docket No. 84674-COA," and "we therefore affirm the order challenged in Docket No. 85148-COA.")The Court of Appeals resolved two unconsolidated appeals in a single order of affirmance. In Docket No. 85148-COA, Ward challenged the district court's "Order After Reversal and Remand" denying NRCP 60(b) relief. The…
LESLEY VS. LESLEY (DIVORCE)
Jun 17, 1997113 Nev. 727; 941 P.2d 451 · 29116 · Nevada Supreme Court
Reversed and remanded for further proceedings.The court reversed the denial of an NRCP 60(b)(1) motion to set aside a default divorce decree. Under NRCP 60(b), the district court has wide discretion, but that discretion cannot be sustained absent competent evidence…
SNYDER VS. SNYDER C/W 82756/83029
Oct 20, 202222-32996 · 81887-COA · Nevada (SCOTN/COA)
Affirming in part, reversing in part, and remanding (Docket No. 81887-COA); dismissing appeals (Docket No. 82756-COA and Docket No. 83029-COA).Docket No. 81887-COA (divorce decree). The court reviewed the subject matter jurisdiction challenge de novo. Ogawa v. Ogawa, 125 Nev. 660, 667, 221 P.3d 699, 704 (2009). Raymond argued that neither party satisfied the…
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…
IN RE: GUARDIANSHIP OF E.I.C. (CHILD CUSTODY)
Jun 15, 202691844-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the denial of a motion to terminate guardianship for abuse of discretion, citing In re Guardianship of L.S. & H.S., 120 Nev. 157, 163, 87 P.3d 521, 525 (2004). It also noted the district…
ALLEN VS. ALLEN
Dec 18, 202424-48725 · 88401-COA · Nevada (SCOTN/COA)
Affirmed.The Court of Appeals reviewed the district court's decisions in the divorce proceeding, including the property division, alimony, and NRCP 60(b) rulings, for an abuse of discretion. See Williams v. Williams, 120 Nev.…
VALDEZ VS. SERMERSHEIM (CHILD CUSTODY)
Apr 22, 202626-18503 · 91866 · Nevada (SCOTN/COA)
Appeal dismissed.The court dismissed for lack of appellate jurisdiction on two independent grounds. First, applying Valley Bank of Nev. v. Ginsburg, 110 Nev. 440, 448, 874 P.2d 729, 735 (1994), the court noted that to qualify as a party…
BARBER VS. BARBER (CHILD CUSTODY)
Feb 17, 202222-05304 · 83201-COA · Nevada (SCOTN/COA)
Reversed and remanded ("ORDER this matter REVERSED AND REMAND to the district court for proceedings consistent with this order").Standard of review: A motion to set aside a default judgment "is addressed largely to the sound discretion of the court, and will not be disturbed on review unless there has been an abuse of discretion." Cicerchia v.…
CARNEY VS. MORURI
Mar 29, 202424-11254 · 85614-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the district court's order setting aside a divorce decree and adjudicating an omitted asset for abuse of discretion, reviewing factual findings deferentially (not to be set aside unless…
JACKSON VS. JACKSON (CHILD SUPPORT)
Dec 19, 1995111 Nev. 1551, 907 P.2d 990 (1995) · 27153 · Nevada Supreme Court
Order vacated and remanded for either written findings of fact justifying a deviation from the statutory formula or a redetermination of the amount of child support.Per Curiam. The court vacated and remanded a child support modification, resolving a jurisdictional challenge, a findings requirement, and a question of first impression regarding a cohabitant's contributions.…
CLARKE VS. WHITE (CHILD CUSTODY) C/W 86069
Nov 15, 202424-43449 · 86068-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")**Standard of review.** A decision to grant or deny an NRCP 60(b) motion to set aside a judgment is reviewed for abuse of discretion. Cook v. Cook, 112 Nev. 179, 181-82, 912 P.2d 264, 265 (1996); Rodriguez v. Fiesta…
LANCASTER VS. BAUERLE (FAMILY)
Jun 30, 202691372-COA · Nevada (SCOTN/COA)
"ORDER the judgment of the district court AFFIRMED."The Court of Appeals reviewed the child support order under an abuse-of-discretion standard, citing Backman v. Gelbman, 141 Nev., Adv. Op. 8, 565 P.3d 330, 333 (Ct. App. 2025), and noting that "[a]n abuse of discretion…
CURRERI VS. MAYHALL (CHILD CUSTODY)
Sep 9, 202525-39473 · 90197-COA · Nevada (SCOTN/COA)
Affirmed in part and dismissed in part.The Court of Appeals reviewed the denial of a motion to modify physical custody without an evidentiary hearing for abuse of discretion, citing Myers v. Haskins, 138 Nev. 553, 556, 513 P.3d 527, 531 (Ct. App. 2022), and…
HERRMANN VS. HERRMANN (CHILD CUSTODY)
Feb 8, 202424-04791 · 86246-COA · Nevada (SCOTN/COA)
Dismissed in part and affirmed in part.The court addressed jurisdiction, then reached the merits of three challenges. As to jurisdiction over the order setting a vexatious litigant hearing, the court held that no statute or court rule authorizes an appeal…
MAHONEY, JR. VS. MAHONEY C/W 82413
Jul 21, 202222-22958 · 82412-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")Standard of review. Factual findings are reviewed for substantial evidence: "this court will not disturb a district court's findings of fact if they are supported by substantial evidence." Keife v. Logan, 119 Nev. 372,…
MINHAS VS. GILL (FAMILY)
Jun 2, 202626-24890 · 89267-COA · Nevada (SCOTN/COA)
Reversed and remanded. ("ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.")**Standard of review.** The court reviews an order denying a motion to set aside a judgment for abuse of discretion, citing *Rodriguez v. Fiesta Palms, LLC*, 134 Nev. 654, 656, 428 P.3d 255, 257 (2018). The court also…
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…
SHAHROKHI VS. BURROW C/W 82245
May 12, 202222-15092 · 81978 · Nevada (SCOTN/COA)
Appeal in Docket No. 83726 dismissed in part; judgments of the district court affirmed.Constitutional review was de novo under Jackson v. State, 128 Nev. 598, 603, 291 P.3d 1274, 1277 (2012). The court rejected Ali's facial challenge to NRS 125C.0035, relying on Rico v. Rodriguez, 121 Nev. 695, 704, 120…
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…
SHAHROKHI VS. BURROW C/W 81978
May 12, 202222-15092 · 82245 · Nevada (SCOTN/COA)
Appeal in Docket No. 83726 dismissed in part; judgments of the district court affirmed.Constitutional issues are reviewed de novo. Jackson v. State, 128 Nev. 598, 603, 291 P.3d 1274, 1277 (2012). The court held that the constitutional challenge to NRS 125C.0035 fails because, between two fit parents, the…
SHAHROKHI VS. BURROW (CHILD CUSTODY)
May 12, 202222-15098 · 83726 · Nevada (SCOTN/COA)
Appeal in Docket No. 83726 dismissed in part; judgments of the district court affirmed.Constitutional issues received de novo review. Jackson v. State, 128 Nev. 598, 603, 291 P.3d 1274, 1277 (2012). The court rejected Ali's facial challenge to NRS 125C.0035, reasoning that fit parents have equal…
FREELOVE VS. FREELOVE
Feb 7, 202323-03755 · 82732-COA · Nevada (SCOTN/COA)
Affirmed in part and reversed in part and remanded.**Standard of review.** The court reviews child support orders for an abuse of discretion. Romano v. Romano, 138 Nev., Adv. Op. 1, 501 P.3d 980, 985 (2022). A district court abuses its discretion when its findings are…
SALVATIERRA VS. SALVATIERRA (CHILD CUSTODY)
Sep 12, 202222-28406 · 83653-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the district court's decisions in divorce proceedings for abuse of discretion, citing Williams v. Williams, 120 Nev. 559, 566, 97 P.3d 1124, 1129 (2004), and reviewed the child custody…
CURRERI VS. MAYHALL (CHILD CUSTODY)
Jul 23, 202690197-COA · Nevada (SCOTN/COA)
Affirmed in part and dismissed in part.The court reviewed the denial of a motion to modify physical custody without an evidentiary hearing for an abuse of discretion, citing Myers v. Haskins, 138 Nev. 558, 556, 513 P.3d 527, 531 (Ct. App. 2022). A district…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.