-
hearing and an opportunity to be heard. See In re Parental Rights as to N.D.O.,
121 Nev. 379, 382,
115 P.3d 223, 225 (2005); see also Gonzales- Alpizar v. Griffith, 130 Nev., Adv. Op. 2,
317 P.3d 820, 827 (2014). We conclude that the failure to notify appellant in the manner provided under NRCP 5 of the November 21, 2013, continued hearing date was contrary to NRS 128.090(4) and violated appellant's due process rights because she was not present at the second day of the hearing, was representing herself, and did not have an adequate opportunity to defend the action. Accordingly, we reverse the district court's order and remand this matter for further proceedings. We caution appellant, however, that provided she receives adequate notice and opportunity to defend the action on remand, her failure or refusal to appear at the hearing falls outside the ambit of due process protections and will not be excused. It is so ORDERED. 1 CALELCL , J. Saitta eke4 , J. Pickering i 'We have considered all pro se motions and other documents filed by appellant and conclude that no additional relief requested therein is warranted. SUPREME COURT OF NEVADA 2 (0) I947A e cc: Chief Judge, The Eighth Judicial District Court Hon. J. Charles Thompson, Senior Judge DeAnn J.W. Daniel A.W. Eighth District Court Clerk SUPREME COURT OF NEVADA 3 (0) 19410,
Document Info
Docket Number: 64527
Filed Date: 6/11/2015
Precedential Status: Non-Precedential
Modified Date: 4/18/2021