Schumacher v. Schumacher ( 2013 )


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  •                 opportunity to be heard, but largely chose not to participate in the divorce
    trial based on his belief that the discovery process was not complete.                 See
    Callie v. Bowling, 
    123 Nev. 181
    , 183, 
    160 P.3d 878
    , 879 (2007) (noting that
    procedural due process is satisfied when a party has notice and an
    opportunity to be heard).
    Further, to the extent that appellant contends that the district
    court judge was biased in refusing to allow him additional discovery, and
    thus, should have recused himself from the case because appellant never
    properly sought the disqualification of the district court judge by filing an
    affidavit specifying the basis for the disqualification, he has waived this
    issue, and thus, we will not consider it in resolving this appeal.              See NRS
    1.235(1) (requiring a party seeking disqualification of a district court judge
    to file an affidavit detailing the facts demonstrating that disqualification
    is necessary); Brown v. Fed. Say. and Loan Ins. Corp., 
    105 Nev. 409
    , 412,
    
    777 P.2d 361
    , 363 (1989) (explaining that a party waives the issue of
    disqualification on appeal if that party does not properly request
    disqualification). Under these circumstances, we
    ORDER the judgment of the district court AFFIRMED.
    LCO (44-42                       ,   J
    Dougl
    elL   •••••s••s•••••.•
    j
    Saitta
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    cc:   Hon. T. Arthur Ritchie, Jr., District Judge, Family Court Division
    Chris Schumacher
    Margaret Marie Schumacher
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    

Document Info

Docket Number: 61035

Filed Date: 9/19/2013

Precedential Status: Non-Precedential

Modified Date: 4/17/2021