In Re: Parental Rights as to A.P.M. and E.M.M. C/W 64214

Nevada Supreme Court

In Re: Parental Rights as to A.P.M. and E.M.M. C/W 64214

DecidedJuly 28, 2014

Docket64274

StatusUnpublished

This text of In Re: Parental Rights as to A.P.M. and E.M.M. C/W 64214 (In Re: Parental Rights as to A.P.M. and E.M.M. C/W 64214) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re: Parental Rights as to A.P.M. and E.M.M. C/W 64214, (Neb. 2014).

Pincite

Opinion

P.2d 569, 572 (1985). Here, no notice of substitution has been filed. Nevertheless, because this appeal concerns Abigail L.M.'s parental rights as to the minor children and her estate has no interest in those rights, see Christian Placement Service, New Mexico Christian Children's Home v. Gordon, 697 P.2d 148, 152 (N.M. Ct. App. 1985) (explaining that a deceased parent's estate has no interest in the deceased parent's right to raise the child), superseded by statute on other grounds as recognized in Lucero v. Hart, 907 P.2d 198 (N.M. Ct. App. 1995), a substitution of a personal representative on behalf of Abigail L.M. would be improper. As Abigail L.M. is now deceased and her estate has no interest in this appeal, we dismiss the appeal docketed in Docket No. 64274. The clerk of this court shall strike the opening brief filed by Abigail L.M. on June 19, 2014. In respondents' answering briefs, we will only consider the arguments relevant to the remaining appellant, Arli P.M. It is so ORDERED.

Pieku (Ay' ,

Pickerii

Parraguirre

,J. Saitta

2 cc: Hon. Frank P. Sullivan, District Judge, Family Court Division Valarie I. Fujii & Associates Special Public Defender Legal Aid Center of Southern Nevada Clark County District Attorney/Juvenile Division Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A

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P.2d 569, 572 (1985). Here, no notice of substitution has been filed. Nevertheless, because this appeal concerns Abigail L.M.'s parental rights as to the minor children and her estate has no interest in those rights, see Christian Placement Service, New Mexico Christian Children's Home v. Gordon, 697 P.2d 148, 152 (N.M. Ct. App. 1985) (explaining that a deceased parent's estate has no interest in the deceased parent's right to raise the child), superseded by statute on other grounds as recognized in Lucero v. Hart, 907 P.2d 198 (N.M. Ct. App. 1995), a substitution of a personal representative on behalf of Abigail L.M. would be improper. As Abigail L.M. is now deceased and her estate has no interest in this appeal, we dismiss the appeal docketed in Docket No. 64274. The clerk of this court shall strike the opening brief filed by Abigail L.M. on June 19, 2014. In respondents' answering briefs, we will only consider the arguments relevant to the remaining appellant, Arli P.M. It is so ORDERED.