STEPHANIE VIVAS v. DAVID RAMOS (2025)

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court findings of fact, conclusions of law, and decree of custody. Eighth Judicial District Court, Family Division, Clark County; Regina M. McConnell, Judge.

On December 6, 2024, this court entered an order holding the appeal in abeyance and directing entry of a written order resolving appellant's motion to set aside the challenged order. See NRAP 4(a)(5) (regarding tolling motions); NRAP 4(a)(6) (providing that a premature notice of appeal does not divest the district court of jurisdiction). In response, the district court has transmitted a copy of a December 31, 2024, order that, among other things, treats appellant's motion as a motion to set aside and to amend under NRCP 52(b), granting the motion to amend, and stating that the court will issue an amended findings of fact, conclusions of law, and decree of custody modifying the custody/visitation schedule. Under these circumstances, this appeal is moot. See Personhood Nev. v. Bristol, 126 Nev. 599, 602, 245 P.3d 572, 574 (2010) (explaining that an appeal is moot when the court cannot grant effective relief with respect to the challenged order). Accordingly, this appeal is dismissed. This dismissal is without prejudice to the ability of any aggrieved party to file a new notice of appeal, in accordance with NRAP 3(c), from any subsequent custody order entered by the district court. See NRAP 4(a)(5)(B)(ii).

It is so ORDERED.

Parraguirre, J.

Bell, J.

Stiglich, J.

cc: Hon. Regina M. McConnell, District Judge, Family Division

Stephanie Vivas

David Ramos

Eighth District Court Clerk