August 1, 2024, Oral Arguments
Martinez vs. Martinez (Child Custody)
Carson City – 1:00 p.m. – Full Court
In Re: Pub. Records Request to Las Vegas Metro. Police Dep’t
Carson City – 2:00 p.m. – Full Court
Martinez vs. Martinez (Child Custody)
Docket No. 84148
Carson City – 1:00 p.m. – Full Court
This is a child custody dispute between two parents. Appellant challenges a recent order modifying the parents’ existing custody arrangement to provide Respondent with additional, unsupervised visitation time and ordering Appellant to pay the costs associated with transporting the child for visitation. ISSUES: (1) is the district court permitted to order a separate childcare expense without considering NAC 425.150?; (2) did the district court have the power to broadly modify visitation?; and (3) is the district court’s order supported by substantial evidence?
In Re: Pub. Records Request to Las Vegas Metro. Police Dep’t
Docket No. 85598
Carson City – 2:00 p.m. – Full Court
This is an appeal and cross appeal from a district court order dismissing a petition for judicial confirmation and denying a motion to amend to add a claim for declaratory relief. The litigation arises out of requests under Nevada’s public records act, NRS Ch. 239 (NPRA). The question presented is whether the right of action NRS 239.011 provides to requesters of public records precludes the government agency from suing for judicial confirmation or declaratory relief when multiple parties assert competing interests in public records. This is an issue of statutory interpretation that has divided courts elsewhere. Compare, e.g., Filarsky v. Superior Court, 49 P.3d 194 (Cal. 2002) (holding that the California Public Records Act prohibits a governmental entity from seeking a declaratory judgment against a requestor of information) with City of Garland v. Dallas Morning News, 22 S.W.3d 351 (Tex. 2000) (holding that the version of the Texas Public Records Act at issue did not prohibit a governmental entity from seeking a declaratory judgment against a requestor of information).