STOKES VS. COGAN (CHILD CUSTODY)

In plain language

This is a brief administrative order from the Nevada Supreme Court dismissing an appeal before any consideration of the merits. When someone files an appeal, court rules require payment of a filing fee (or, alternatively, a showing that the filer qualifies to proceed without paying it). In this case, the appellant did not pay the fee when the appeal was docketed. The court issued a notice the same day the appeal was docketed, giving the appellant 7 days either to pay the fee or to demonstrate compliance with the rule that allows certain litigants to proceed without prepayment. The notice warned that failure to comply would lead to dismissal. The appellant did not pay and did not respond. The court therefore dismissed the appeal. Because the dismissal is procedural, the order does not address any of the underlying child custody issues between the parties.

Holdings

• -Failure to pay the filing fee required by NRAP 3(e), or to demonstrate compliance with NRAP 24, after notice from the court warrants dismissal of the appeal under NRAP 3(a)(2).

Practitioner analysis

The court dismissed the appeal under NRAP 3(a)(2) for failure to pay the filing fee required by NRAP 3(e). After docketing on March 30, 2022, the court issued a notice requiring payment within 7 days or, alternatively, a demonstration of compliance with NRAP 24 (governing proceedings in forma pauperis). The appellant neither paid nor responded. No merits issues were reached.