Appeals Case Summary

Stacy Rocheleau, Esq.
Posted: 10 October, 2023

Each of these cases is instrumental in regards to Nevada divorce and appealing a lower court’s divorce ruling. The primary legal issue decided by the Nevada Supreme Court is listed with the case. A more comprehensive case summary can be found on the Nevada Supreme Court website.

Shank v. Shank, 100 Nev. 695, 691 P.2d 872 (1984)

If alimony terminates when a spouse remarries, remarriage means a ceremony even if it is later determined the second marriage is legally invalid.

Rosenbaum v. Rosenbaum, 86 Nev. 550, 471 P.2d 254 (1970)

In determining the alimony amount, the court should consider whether the obligor has intentionally reduced his or her income or whether the reduction is due to uncontrollable circumstances.

Culbertson v. Culbertson, 91 Nev. 230, 533 P.2d 768 (1975)

If a spouse acquiesces to the terms of a financial agreement, that spouse is bound by its terms and has no right to appeal.

Foy v. Estate of Smith, 58 Nev. 371, 81 P.2d 1065 (1938)

An appeal is terminated If both parties die during its pendency.

Lemp v. Lemp, 62 Nev. 91, 141 P.2d 212 (1945)

If a party dies during the pendency of an appeal from a decree of divorce, issues concerning the marital status are abated but issues concerning property are not.

Morrow v. Morrow, 62 Nev. 492, 156 P.2d 827 (1945)

If one party dies during a pending appeal when there is no community property in Nevada, the appeal will be dismissed.

First Nat’l Bank v. Wolff, 66 Nev. 51, 202 P.2d 878 (1949)

When no property rights are involved, an appeal from a divorce decree will be dismissed when one of the parties has died.

Daniel v. Baker, 106 Nev. 412, 794 P.2d 345 (1990)

When a party dies during the pendency of an appeal from a divorce decree, the appeal will not be dismissed when there are issues concerning the amounts of a payment of a lump sum or permanent alimony.

Lewis v. Lewis, 71 Nev. 301, 289 P.2d 414 (1955)

A motion for reduction in child support and alimony may be heard on the merits by the lower court during the pendency of an appeal from the original order.

Huneycutt v. Huneycutt, 94 Nev. 79, 575 P.2d 585 (1978)

When motions for relief from judgment and for a new trial are filed in the district court during the pendency of an appeal, the district court should hear the motion and certify to the Supreme Court that it is inclined to grant the motion. A request for remand is then appropriate.

Miller v. Wilfong, 119 P. 3d 727, 121 Nev. Adv. Rep. 61 (September 22, 2005)

In a custody and child support hearing between unmarried parents, a court may order payment to pro bono counsel.

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Stacy Rocheleau, Esq.