In Re: Parental Rights as to K. W. ( 2015 )


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  •                  hearing and an opportunity to be heard.    See In re Parental Rights as to
    N.D.O., 
    121 Nev. 379
    , 382, 
    115 P.3d 223
    , 225 (2005); see also Gonzales-
    Alpizar v. Griffith, 130 Nev., Adv. Op. 2, 
    317 P.3d 820
    , 827 (2014). We
    conclude that the failure to notify appellant in the manner provided under
    NRCP 5 of the November 21, 2013, continued hearing date was contrary to
    NRS 128.090(4) and violated appellant's due process rights because she
    was not present at the second day of the hearing, was representing
    herself, and did not have an adequate opportunity to defend the action.
    Accordingly, we reverse the district court's order and remand this matter
    for further proceedings. We caution appellant, however, that provided she
    receives adequate notice and opportunity to defend the action on remand,
    her failure or refusal to appear at the hearing falls outside the ambit of
    due process protections and will not be excused.
    It is so ORDERED. 1
    CALELCL                  , J.
    Saitta
    eke4         , J.
    Pickering i
    'We have considered all pro se motions and other documents filed by
    appellant and conclude that no additional relief requested therein is
    warranted.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) I947A    e
    cc:   Chief Judge, The Eighth Judicial District Court
    Hon. J. Charles Thompson, Senior Judge
    DeAnn J.W.
    Daniel A.W.
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 19410,
    

Document Info

Docket Number: 64527

Filed Date: 6/11/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021