JAMES SAMUEL SHORT v. LOVE RYDES SHORT (2026)

ORDER REINSTATING CROSS-APPEAL AND DIRECTING SUPPLEMENTAL RECORD AND WRITTEN ORDER (DOCKET NO. 92871), AND ORDER ADMINISTRATIVELY CLOSING APPEAL (DOCKET NO. 93325)

These are appeals from a district court decree of divorce and supplement decree of divorce.

In Docket No. 92871, James Samuel Short's notice of appeal was docketed on June 18, 2026. His appeal was dismissed as abandoned on August 31, 2026. Meanwhile, however, Love All Rydes-Short filed a notice of appeal that was inadvertently docketed on August 6 as an amended notice of appeal, rather than as a cross-appeal. As a result, Docket No. 92871 incorrectly reflects that the entire case was dismissed. Love's cross-appeal was not dismissed, and Docket No. 92871 is hereby reinstated to proceed with the cross-appeal.¹

Due to the confusion noted above, Love filed another notice of appeal from the same orders, which was docketed in this court on September 17, 2026, as Docket No. 93325. In light of the cross-appeal's reinstatement, the that appeal will be administratively closed.

Thus, with respect to Docket No. 92871, the clerk of this court is hereby directed to correct the August 6 docket entry to reflect Love's cross-appeal and the caption to reflect that Love is the remaining appellant and James is the remaining respondent. No filing fee is due. With respect to Docket No. 93325, the clerk is directed to transfer the notice of appeal, proof of service of notice of appeal, docketing statement, and pending emergency motion for stay to Docket No. 92871 and to administratively close Docket No. 93325. Instructions/notice regarding deadlines have been issued in both dockets. Appellant's transcript request form or certificate of no transcript request is due by October 26, 2026. Appellant's opening brief or informal brief is due by February 9, 2027.

The record on appeal was transmitted to this court on July 29 and August 4, 2026, in Docket No. 92871. Within 30 days from the date of this order, the clerk of the district court shall transmit to the clerk of this court a supplemental certified copy of the trial court record in District Court Case No. CV21-0592 to reflect any documents filed after the August 4 transmission, if necessary. See NRAP 11(a)(2) (providing that the complete “record must contain each and every paper, pleading and other document filed in, or submitted for filing in, the district court,” as well as “any previously prepared transcripts of the proceedings in the district court”). The record shall not include any original exhibits filed in the district court. NRAP 11(a)(1).

Appellant has filed an emergency motion to stay the district court's orders pending appeal. Appellant asserts that she filed a motion for stay below on June 24, 2026, as well as a motion to remove counsel and proceed pro se, which have not been resolved by the district court. Under NRAP 8(a)(1), movants generally must seek stay relief in the district court before asking this court for such relief. Accordingly, the district court shall have 14 days from the date of this order to enter a written order resolving the June 24 stay motion or inform this court, in writing, that additional time is needed to enter the written order. In the event the district court enters a written order (or has already entered a written order of which this court is unaware), the clerk of the district court shall immediately transmit a copy of the order to the clerk of this court. This court defers ruling on appellant's motion pending response from the district court.

It is so ORDERED.

FOOTNOTES

1.   The motions filed by appellant in Docket No. 92871 on September 1, 2026, are hereby stricken as they are deficient for lack of page numbers. NRAP 27(d)(1)(D).

Herndon, C.J.