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Minami v. Minami

COURT OF APPEALS OF THE STATE OF NEVADA
Feb 20, 2019
No. 74382-COA (Nev. App. Feb. 20, 2019)

Opinion

No. 74382-COA

02-20-2019

MARC KEKOA MINAMI, Appellant, v. LYDIA BACCARO MINAMI, Respondent.


ORDER OF REVERSAL

Marc Kekoa Minami appeals from a district court order resolving a post-divorce decree motion. Eighth Judicial District Court, Clark County; Vincent Ochoa, Judge.

Following entry of the underlying divorce decree, a dispute arose between Marc and his former wife, respondent Lydia Baccaro Minami, regarding their respective interests in Marc's military retirement benefits under the decree. The district court determined that the relevant portion of the decree was ambiguous, resolved that ambiguity in Lydia's favor, and, as a result, concluded that she was entitled to her community property share of Marc's benefits. This appeal followed.

On appeal, Marc argues, among other things, that Lydia was not entitled to any portion of his benefits under the decree's clear and unambiguous language. Lydia, who is represented by counsel on appeal, failed to file an answering brief, even though she received two extensions of time to do so while this matter was pending before the supreme court, as well as a warning that her failure to file an answering brief may subject her to sanctions. See, e.g., Minami v. Minami, Docket No. 74382 (Order Granting Motion, August 2, 2018). Because Lydia therefore failed to address Marc's appellate arguments, we elect to treat her non-response as a confession of error. See Bates v. Chronister, 100 Nev. 675, 682, 691 P.2d 865, 870 (1984) (concluding that respondents confessed error by failing to respond to appellant's argument). Consequently, we conclude that the decree's clear and unambiguous language did not entitle Lydia to any portion of Marc's benefits. Accordingly, we

ORDER the judgment of the district court REVERSED.

/s/_________, A.C.J.

Douglas

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Vincent Ochoa, District Judge

Mitchell D. Stipp

Roberts Stoffel Family Law Group

Eighth District Court Clerk


Summaries of

Minami v. Minami

COURT OF APPEALS OF THE STATE OF NEVADA
Feb 20, 2019
No. 74382-COA (Nev. App. Feb. 20, 2019)
Case details for

Minami v. Minami

Case Details

Full title:MARC KEKOA MINAMI, Appellant, v. LYDIA BACCARO MINAMI, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Feb 20, 2019

Citations

No. 74382-COA (Nev. App. Feb. 20, 2019)