GOCHUICO VS. GOCHUICO (FAMILY)

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 case, the appellant did neither. After the appeal was docketed on October 9, 2024, the court sent a notice the same day telling the appellant to pay the filing fee or show that she had complied with the rule allowing indigent litigants to proceed without paying (NRAP 24) within 14 days. The notice warned that if she did not comply, her appeal would be dismissed. The appellant did not pay the fee and did not respond to the notice. Because of that, the Nevada Supreme Court dismissed the appeal without reaching the merits of the underlying family-law dispute.

Holdings

• -An appeal docketed without payment of the filing fee required by NRAP 3(e), where the appellant fails to pay the fee or demonstrate compliance with NRAP 24 after notice, is subject to dismissal under NRAP 3(a)(2).

Practitioner analysis

The clerk's order dismisses the appeal under NRAP 3(a)(2) for failure to pay the filing fee required by NRAP 3(e) or to demonstrate compliance with NRAP 24 (governing in forma pauperis applications) after the court issued a 14-day notice on the date of docketing. No merits issues are addressed.