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Case Information
Filed
2025-05-12
Status
Briefing in Progress
Type
Civil Appeal Family Law Parental Termination
Docket
33 entries
Docket Entries
- Filed Notice Report of Bar Counsel in re: Maria Perez Avilez, Esq.
- Filed SEALED Notice of Appeal/Parental Termination/Counsel. Filed certified copy of notice of appeal. (SC)
- Issued Notice to File Case Appeal Statement/Civil. Due date: 7 days. (SC)
- Issued Notice Appeal Docketed Parental Termination with Counsel. Transcript request due: 14 days; Docketing statement due: 21 days; Opening brief and appendix due: 90 days. (SC)
- Issued Notice of Mandatory Electronic Filing. All attorneys are required to file electronically. To: Erin Allen. (SC)
- Filed Order to File Documents. Appellant shall have 7 days from the date of this order to file and serve the case appeal statement, transcript request form or certificate that no transcripts will be requested, and docketing statement. Failure to comply with this order may result in the imposition of sanctions against appellant's counsel. (SC)
- Filed Respondent's (M.A.S.) Notice of Appearance for Laila-Rose Hudson. (Counsel Updated.) (SC)
- Filed Appellant's Request for Transcript of Proceedings. Transcripts requested: December 9, 2024, December 19, 2024, January 13, 2025. To Court Reporter: Transcript Video Services, Family Court and Services Center. (SC)
- Issued Notice of Rejection of Filed Document (Transcript Request). (SC)
- Filed Order Conditionally Imposing Sanctions. Ms. Perez Avilez's failure to file the case appeal statement, a transcript request form or certificate that no transcripts are being requested, and the docketing statement warrants the conditional imposition of sanctions. Ms. Perez Avilez shall pay the sum of $250 to the Supreme Court Law Library and provide this court with proof of such payment within 7 days from the date of this order. The conditional sanctions will be automatically vacated if Ms. Perez Avilez files and serves the case appeal statement, a transcript request form or certificate that no transcripts are being requested, and the docketing statement within 7 days from the date of this order. If the required documents are not timely filed, the sanctions will no longer be conditional and must be paid. A25-RP/LB/LS (SC)
- Filed Respondent's (Clark County Department of Family Services) Motion to Dismiss Appeal. (SC)
- Filed Respondent's (M.A.S.) Joinder to Clark County Family Services' Motion to Dismiss Appellant's Appeal. (SC)
- Filed Appellant's Motion to Extend Time to File Overdue Appellate Documents. (SC)
- Filed Appellant's Request for Transcript of Proceedings. Transcripts requested: 12/09/24, 12/19/24, and 01/13/25. To Court Reporter: Transcript Video Services. (SC)
- Filed Appellant's Notice of Estimate of Transcript and Proof of Waiver of Fees and Costs. (SC)
- Filed Appellant's Case Appeal Statement. (SC)
- Filed Appellant's Docketing Statement Civil. (STRICKEN PER ORDER FILED ON 9/2/25) (SC)
- Filed Appellant's Motion for Extension of Time to File Opening Brief and Appendix. (SC)
- Filed Order Regarding Motions. On July 31, 2025, respondent Clark County Department of Family Services filed a motion to dismiss this appeal based on Ms. Perez Avilez's failure to file the required documents in this appeal. Respondent M.A.S. joined the motion on August 7, 2025. On August 8, 2025, Ms. Perez Avilez filed a motion for extension of time to file "overdue appellate documents," accompanied by those documents, and a motion for extension of time to file the opening brief and appendix. Ms. Perez Avilez states that she was not aware of the deficiencies of her June 18, 2025, filings until she received a copy of the motion to dismiss. In light of the serious subject matter at issue in this appeal, the motion to dismiss is denied. However, Ms. Perez Avilez's repeated failure to comply with this court's rules, notices, and orders has caused needless delay in this appeal, and all the while, as noted in the motion to dismiss, M.A.S. has continued to languish in the foster care system. Thus, the sanctions imposed in this court's July 14 order are no longer conditional and must be paid. Ms. Perez Avilez shall have 7 days from the date of this order to pay the $250 sanction and file proof of payment in this court. Notwithstanding its untimeliness, the motion for extension of time to file "overdue appellate documents" is granted. The case appeal statement, transcript request form, and docketing statement were filed on August 8, 2025. However, the court is unable to accept the docketing statement filed by Ms. Perez Avilez because it is not on the form available on this court's website or provided by this office. See NRAP 14(b). Accordingly, the clerk shall strike the docketing statement filed on August 8, 2025. Ms. Perez Avilez shall have 7 days from the date of this order to file and serve a compliant docketing statement. The motion for an extension of time to file the opening brief is granted. Appellant shall have until October 7, 2025, to file and serve the opening brief and appendix. A25-RP/LB/LS (SC)
- Filed Appellant's Docketing Statement. (SC)
- Filed Notice from Court Reporter. Sherry Justice, stating that the requested transcripts were delivered. Dates of transcripts: 12/09/24, 12/19/24, and 01/13/25. (SC)
- Filed Appellant's Proof of Payment of Sanction. (SC)
- Filed Appellant's Second Motion for Extension of Time to File Opening Brief and Appendix. (SC)
- Filed Appellant's Appendix to Opening Brief - Vols. 1-6 (STRICKEN PER ORDER FILED ON 11/10/25) (SC)
- Filed Respondent's (Clark County Department of Family Services) Second Motion to Dismiss Appeal. (SC)
- Filed Order Regarding Motions, Imposing Sanctions, Removing Counsel, Referring Counsel to State Bar for Investigation, Remanding for Determination of Appellate Counsel, and Suspending Briefing. As of the date of this order, Ms. Perez Avilez has failed to submit the opening brief for filing, and the appendix she filed on October 15, 2025, is not compliant with this court's formatting rules. Ms. Perez Avilez's motion for an extension of time to file the opening brief is, therefore, denied. The clerk shall strike the appendix filed on October 15. Respondent Clark County Department of Family Services has filed a second motion to dismiss this appeal based on Ms. Perez Avilez's continued failure to comply with this court's rules and orders. Ms. Perez Avilez has failed to file a response. Nevertheless and in light of the serious subject matter at issue in this appeal, the motion to dismiss is denied. Ms. Perez Avilez's failure to comply with our rules and orders has forced this court to divert our limited resources to ensure her compliance and needlessly delayed the processing of this appeal. Moreover, Ms. Perez Avilez's failures have a direct impact on the well-being of the child at the center of this case. Ms. Perez Avilez's failure to timely file the opening brief in violation of this court's prior order warrants the imposition of additional sanctions. Ms. Perez Avilez shall pay the sum of $500 to the Supreme Court Law Library and provide this court with proof of such payment within 7 days from the date of this order. In addition, Ms. Perez Avilez is removed as counsel for appellant in this appeal. Because it appears that Ms. Perez Avilez's conduct in this appeal may constitute violations of RPC 1.3 (diligence) and 3.2(a) (expediting litigation), we refer Ms. Perez Avilez to the State Bar of Nevada for investigation pursuant to SCR 104-105. Bar counsel shall, within 90 days of the date of this order, inform this court of the status or results of the investigation and any disciplinary proceedings in this matter. This court has determined that an appointment of counsel should be considered under NRS 128.100, which provides that the district court may appoint an attorney, at county expense, to represent an indigent parent in a parental termination proceeding if the parent desires such representation. See NRS 128.100(2) and (3). Accordingly, this matter is remanded to the district court for the limited purpose of determining whether appellant desires such representation and whether to appoint counsel to represent appellant for purposes of this appeal. The district court shall have 30 days from the date of this order to enter an order either (1) appointing counsel to represent appellant in this appeal under NRS 128.100; or (2) denying the appointment of counsel and setting forth specific findings in support of that decision. The clerk of the district court shall transmit the order to this court within the same time period. The briefing schedule in this appeal is suspended pending further order of this court. A25-RP/LB/LS (SC)
- Filed Order to Pay Sanction. To date, Ms. Perez Avilez has failed to provide proof of payment of the sanction. Ms. Perez Avilez shall have 7 days from the date of this order to pay the $500 sanction to the Supreme Court Law Library and file proof of payment of the sanction in this appeal, or show cause why she should not be sanctioned further. (SC)
- Filed (SEALED) District Court Order Appointing Counsel. Filed certified copy of order filed in district court on November 24, 2025 appointing Jennifer McDonald as counsel for appellant. (SC)
- Filed Order Reinstating Briefing. The district court has now provided this court with a copy of an order entered November 24, 2025, appointing attorney Jennifer McDonald as counsel for appellant. The clerk shall add Ms. McDonald as counsel for appellant. Appellant shall have 14 days from the date of this order to file and serve a supplemental transcript request form, if deemed necessary, or a certificate that no additional transcripts will be requested, and 90 days from the date of this order to file and serve the opening brief and appendix. (SC)
- Filed Order. The State Bar shall have 14 days from the date of this order to file its report regarding the status of the investigation and any disciplinary proceedings in this matter. (SC)
- Filed Notice Report of Bar Counsel in re: Maria Perez Avilez, Esq. (STRICKEN PER 02/20/26 ORDER). (SC)
- Filed Order Striking Deficient Document. Order Striking Deficient "Report of Bar Counsel in re: Maria Perez Avilez." Corrected document due: 7 days. (SC)
- Filed Order. The State Bar attempted to file a status report on February 13, 2026, however, it was stricken as deficient and the State Bar was ordered to correct the deficiency and re-file the document in compliance with the rules by February 27, 2026. To date, the State Bar has failed to file a corrected status report. The State Bar shall have 7 days from the date of this order to file its report regarding the status of the investigation and any disciplinary proceedings in this matter. (SC)
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