Tuesday, March 29, 2022 - J. Gibbons, J. Tao and J.Bulla

Brown vs. St. Mary’s Regional Medical Center
Docket Number: 81434-COA
Las Vegas - 10:00 am - Court of Appeals

Appellants Marilee Brown, Marilou Brown, and Gregory J. Brown filed a tort action against respondent St. Mary's Regional Medical Center and several healthcare providers. Appellants allege that their mother, Beverly Morris Brown, died as a result of negligent medical treatment she received from respondents. The district court granted respondents' motion to dismiss, determining that dismissal was required as appellants failed to include the requisite affidavit pursuant to NRS 41A.071.

ISSUES:

Appellants challenge the dismissal on Constitutional grounds, as well as that one of their claims involves ordinary negligence not requiring an affidavit.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.

Jackson vs. Zuniga (Child Custody)
Docket Number: 82444-COA
Las Vegas - 11:00 am - Court of Appeals

Appellant Ashlee Jackson and respondent Jesus Zuniga have several children together, only two of whom are the subject of this custody dispute: S.Z. (currently five years old) and L.Z. (currently three years old). The parties share joint legal and joint physical custody of S.Z. and L.Z. In November 2020, Jackson filed a motion asking the district court to order Zuniga to stay home with the children and to follow medical advice regarding medicating the children. Jackson claimed that L.Z. is a “high risk medical patient” and that L.Z.’s doctor had ordered he remain at home as much as possible and avoid anyone who had not quarantined. Jackson claimed Zuniga had been violating these directions. Zuniga, however, contested these allegations in part. Then, without holding an evidentiary hearing, the district court treated Jackson’s request as one for sole legal and sole physical custody and denied Jackson’s motion. The court concluded that the “heart” of Jackson’s motion was her disapproval of Zuniga’s parenting style and a custody modification was not warranted.

ISSUES:

Now on appeal, Jackson claims the district court abused its discretion when it failed to (1) hold an evidentiary hearing and (2) consider and make specific findings regarding the NRS 125C.0035(4) child custody best interest factors.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.