Nevada Supreme Court, 2014

Clark Cnty. Dept. of Family Serv. v. Dist. Ct. (Henry)

Clark Cnty. Dept. of Family Serv. v. Dist. Ct. (Henry)
Nevada Supreme Court · Decided October 20, 2014

Clark Cnty. Dept. of Family Serv. v. Dist. Ct. (Henry)

Opinion

On September 22, 2014, this court entered an order in Docket No. 65809 directing Dale H. to properly serve the notice of appeal, civil proper person appeal statement, and motion to resubmit the civil proper person appeal statement on respondent and to file in this court a properly completed certificate of service for each of those documents. In so doing, we cautioned Dale H. that failure to comply with this directive would result in the dismissal of this appeal. Thereafter, Dale H. filed a motion for stay. On September 26, 2014, this court entered an order directing Dale H. to properly serve respondent with the motion for a stay and to file in this court a properly completed certificate of service for that document.

We once again warned Dale H. that failure to file properly completed certificates of service would subject her to sanctions, including the dismissal of this appeal. The certificates of service were due in this court on October 7, 2014, but to date, no such documents have been filed in this court and Dale H. has not otherwise responded to the directives contained in our September 22 or September 26 orders. Accordingly, we conclude that Dale H. has abandoned this appeal, and we order the appeal in Docket No. 65809 dismissed.' As for the order challenged in Docket No. 66446, the district court granted Dale H. supervised visitation with the children while the appeal in Docket No. 65809 was pending. Since we have dismissed the appeal in Docket No. 65809, the writ petition is now moot. See Personhood Nev. v. Bristol, 126 Nev. „ 245 P.3d 572, 574 (2010) (providing that

"In light of this order, we deny Dale H.'s motions for a stay and to resubmit the civil proper person appeal statement.

a case is moot when a live controversy no longer exists). Accordingly, we dismiss the petition for a writ of mandamus or prohibition. 2 It is so ORDERED.

J.

Hardesty

J.

Dotigia,.

ChsutitA, Cherry

cc: Hon. Frank P. Sullivan, District Judge, Family Court Division Dale H.

Clark County District Attorney/Juvenile Division Eighth District Court Clerk

2We direct the clerk of this court to file the September 11, 2014, proper person motion and the September 24, 2014, proper person motion to oppose the writ petition. In light of this order, however, we deny these motions.

SUPREME COURT OF NEVADA (0) 1947A

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