Opinion
No. 62918
11-14-2014
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING APPEAL
Respondent has filed a motion to dismiss this appeal, which challenges a district court order denying appellant's motion to relocate with the parties' minor child. In his motion, respondent argues that appellant has returned to Nevada, and thus, this appeal is now moot. Appellant opposed the motion, arguing that a temporary custody order issued by the district court after she returned to Nevada did not award appellant true joint physical custody of the child.
Having considered the parties' arguments, we grant respondent's motion to dismiss this appeal as moot. Personhood Nev. v. Bristol, 126 Nev. ___, ___, 245 P.3d 572, 574 (2010) (noting that this court does not render advisory opinions and that "a controversy must be present through all stages of the proceeding"); see also Mack-Manley v. Manley, 122 Nev. 849, 855, 138 P.3d 525, 530 (2006) (holding that a district court lacks jurisdiction to modify a child custody order that is on appeal); Huneycutt v. Huneycutt, 94 Nev. 79, 575 P.2d 585 (1978) (providing that the proper procedure for a party seeking a limited remand to the district court to change an order that is on appeal is to obtain an order from the district court showing it is inclined to grant the requested relief).
In light of this order, all pending requests for relief are denied.
/s/_________, J.
Hardesty
/s/_________, J,
Douglas
/s/_________, J.
Cheery
cc. Ninth Judicial District Court Dept. 2
Anderson Keuscher, PLLC
Allison W. Joffee
Douglas County Clerk