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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.
43 results for “NRCP 60(b)” in Divorce, Property & Alimony
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…
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…
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…
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…
Doan v. Wilkerson
Jun 26, 2014130 Nev. Adv. Op. 48 (2014) · 56591 · Nevada Supreme Court
Reversed.Standard of review: "This court reviews district court decisions concerning divorce proceedings for an abuse of discretion." Shydler v. Shydler, 114 Nev. 192, 196, 954 P.2d 37, 39 (1998). Rulings supported by…
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…
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.…
MANVILLE VS. MANVILLE (DIVORCE)
Dec 10, 196379 Nev. 487, 387 P.2d 661 (1963) · 4637 · Nevada Supreme Court
Affirmed. ("Affirmed.")The court addressed an independent action under NRCP 60(b) to set aside a 1955 divorce decree for fraud. The court distinguished intrinsic from extrinsic fraud. The alleged failure to establish bona fide residence was…
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.…
DOBSON VS. DOBSON (DIVORCE)
May 13, 1992108 Nev. 346, 830 P.2d 1336 (1992) · 21718 · Nevada Supreme Court
Motion to dismiss the appeal denied (the order declaring the divorce decree void held appealable; appellant granted thirty days to file the opening brief).Although an order merely quashing service of process is generally not appealable (Orme v. District Court, 105 Nev. 712, 782 P.2d 1325 (1989); Jarstad v. National Farmers Union, 92 Nev. 380, 552 P.2d 49 (1976)), by…
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…
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…
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,…
GUERIN VS. GUERIN (DIVORCE)
Feb 26, 1998114 Nev. 127, 953 P.2d 716 (1998) · 27042, 28354, 29297 · Nevada Supreme Court
Judgment in Docket No. 27042 reversed and remanded with instructions to set aside the decree; petition in Docket No. 28354 granted to the extent the district court's April 8, 1996 order affected the Hill Family Trust; orders in Docket No. 29297 affirmed.The court consolidated three matters. In the direct appeal (Docket No. 27042), the court held the default divorce decree's property division must be set aside under NRCP 60(b) because the decree was void. NRCP 55(b)(2)…
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…
PETERSEN VS. PETERSEN (DIVORCE PROPERTY & ALIMONY)
Mar 30, 1989105 Nev. 133, 771 P.2d 159 (1989) · 19028 · Nevada Supreme Court
Reversed and remanded to determine whether the wife's allegations of injustice are substantial enough to support setting aside the judgment and decree. (Per curiam.)The court reversed the denial of the wife's NRCP 60(b) motion to set aside a default divorce judgment and property settlement, holding the district court abused its discretion in denying the motion as untimely. The…
EPSTEIN VS. EPSTEIN (DIVORCE)
Dec 30, 1997113 Nev. 1401; 950 P.2d 771 · 28590 · Nevada Supreme Court
Reversed and remanded for further proceedings.The court reversed the denial of an NRCP 60(b) motion to set aside a default divorce decree on notice grounds and resolved a conflict in its default-judgment precedent. First, the threshold question was whether the…
FAGIN VS. FAGIN (DIVORCE)
Dec 19, 197591 Nev. 794, 544 P.2d 415 (1975) · 7936 · Nevada Supreme Court
Affirmed. ("Affirmed.")The court reviewed an order setting aside a defective default divorce decree under NRCP 60(b). Regardless of whether the defendant should be regarded as personally served, it was within the district court's discretion…
COOK VS. COOK (DIVORCE PROPERTY & ALIMONY)
Feb 29, 1996112 Nev. 179; 912 P.2d 264 · 26135 · Nevada Supreme Court
Reversed; the property-settlement portion of the divorce decree vacated; remanded for proceedings consistent with the opinion (the dissolution of the marriage itself unaffected).The court reversed the denial of an NRCP 60(b) motion to vacate the property-settlement portion of a divorce decree. Review is for abuse of discretion, which cannot be sustained where there is no competent evidence to…
KRAMER VS. KRAMER (DIVORCE PROPERTY & ALIMONY)
Sep 11, 198096 Nev. 759, 616 P.2d 395 (1980) · Nevada Supreme Court
Reversed; the order modifying the modified decree of divorce was reversed because the district court lacked jurisdiction to modify the property distribution.Batjer, J. A decree of divorce cannot be modified or set aside except as provided by rule or statute, Lam v. Lam, 86 Nev. 908, 478 P.2d 146 (1970). NRS 125.150(5) (later renumbered (6)) governed subsequent modification…
LOWRANCE VS. LOWRANCE (DIVORCE)
Oct 14, 197187 Nev. 503, 489 P.2d 676 (1971) · 6346 · Nevada Supreme Court
Reversed as to the portions of the decree concerning the parties' property and custody rights, and remanded with instructions.After the husband served summons and a divorce complaint, he received the wife back into the marital home, had marital relations with her, then obtained a default decree awarding him all community property and custody…
YU VS. YU (DIVORCE)
Nov 22, 2017133 Nev. 737, 405 P.3d 639 (2017) · 70348 · Nevada Supreme Court
Appeal permitted to proceed; the vexatious litigant determination may be considered in this appeal. Appellant directed to file an opening brief within 30 days.Per Curiam. On jurisdictional prescreening of an appeal from a post-decree order, the court considered whether a post-judgment vexatious litigant determination - which is not independently appealable under Peck v.…
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…
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…
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…
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…
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…
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…
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…
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…
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.