Lankford Vs. Burke (Child Custody)

• Court: Nevada Supreme Court
• Decided: October 18, 2019
• Docket: 77829
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MATTHEW TODD LANKFORD, No. 77829 Appellant, vs. RENEE MARIE BURKE, Res s ondent. FILED OCT 1 8 2019

ORDER DISMISSING APPEAL

This is an appeal from a district court order modifying child custody and child support. Eighth Judicial District Court, Family Court Division, Clark County; Rebecca Burton, Judge. This court previously referred appellant for the appointment of pro bono counsel. However, on June 17, 2019, the copy of this court's June 4, 2019, order sent to appellant was returned by the United States Postal Service with the notation "Return to Sender, Deceased, Unable to Forward, Return to Sender." On July 9, 2019, after the Legal Aid Center informed this court that it was unable to contact appellant after multiple attempts, this court ordered this appeal to proceed with appellant in pro se. The copy of the July 9, 2019, order sent to appellant was returned by the United States Postal Service with the notation "Return to Sender, Attempted-Not Known, Unable to Forward." On September 3, 2019, this court entered an order directing appellant to file and serve the fast track statement by September 17, 2019. This court cautioned that failure to timely file the fast track statement could

43747 result in the dismissal of this appeal as abandoned. The copy of the order sent to appellant was returned by the United States Postal Service with the notation "Return to Sender, Deceased, Unable to Forward, Return to Sender." Under these circumstances, it appears that appellant is either deceased1 or has abandoned this appeal. Accordingly, this court ORDERS this appeal DISMISSED.

-44 , J. Hardesty

AfkftGA..Q , J. , J. Stiglich Silver

cc: Hon. Rebecca Burton, District Judge, Family Court Division Matthew Todd Lankford Kenneth M. Robbins Eighth District Court Clerk

1In its July 9, 2019, order, this court directed counsel for respondent to file a suggestion of death on the record within 30 days if counsel was aware that appellant was deceased. No suggestion of death on the record has been filed.