Summary
treating the respondent's failure to comply with two orders from this court to obtain counsel and file a brief as a confession of error
Summary of this case from Polk v. State, 126 Nev. Adv. Op. No. 19, 52733 (2010)Opinion
No. 13639
June 25, 1982
Appeal from order denying motion to modify decree of divorce, Eighth Judicial District Court, Clark County; J. Charles Thompson, Judge.
Robert C. LePome, Las Vegas, for Appellant.
Elizabeth J. Walport, Las Vegas, In Proper Person.
OPINION
On January 20, 1982, respondent was granted 30 days in which to obtain counsel, and 60 days in which to file her brief in this matter. Respondent failed to comply with that order. On April 5, 1982, we entered an order, sua sponte, granting respondent an additional 30 days to obtain counsel and to file her brief in this matter. Respondent was, at that time, informed that failure to comply with our order might be treated by the court as a confession of error and appropriate disposition of the appeal made. Nevertheless, respondent has not filed an answering brief and, apparently, has not retained counsel.
We choose to treat respondent's conduct as a confession of error. NRAP 31(c); Rockwell v. Rockwell, 98 Nev. 80, 640 P.2d 1318 (1982). Accordingly, we reverse the order denying appellant's motion to modify the decree of divorce in this matter, and we remand to the district court for further proceedings.