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.
25 results for “NRCP 60(b)(1)” in Custody & Relocation
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,…
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…
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…
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.…
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…
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…
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.…
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…
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…
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…
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…
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.…
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.