Stanton v. Stanton

Summary

The Nevada Supreme Court affirms a district court's order setting aside a divorce decree based on fraud upon the court. It reverses the award of attorney fees as sanctions because the procedural requirements for seeking sanctions, including a separate motion, advance service, and a 21-day opportunity to cure, were not followed.

Holdings

1. Appellant waived any challenge to the order setting aside the divorce decree because his counsel agreed at the hearing that the decree should be set aside.
2. The district court did not abuse its discretion in setting aside the divorce decree because the hearing and record supported a finding, by clear and convincing evidence, of fraud upon the court.
3. The district court abused its discretion by imposing sanctions because the request was not made in a separate motion, was not served on appellant before filing, and did not provide him 21 days to cure the alleged violation.

Questions Presented

1. Whether appellant waived appellate review of the order setting aside the divorce decree by agreeing in the district court that the decree should be set aside.
2. Whether the district court properly set aside the divorce decree for fraud upon the court under NRCP 60(d)(3).
3. Whether the district court properly imposed attorney-fee sanctions against appellant without following the procedural requirements of NRCP 11(c)(2).

Disposition

other