Mesi v. Mesi

In this divorce action in which Wife filed first in California and Husband filed second in Nevada, the Supreme Court reversed the district court's order dismissing the Nevada case, holding the the district court erred by dismissing the case immediately after the judge made a personal phone call without providing the parties an opportunity to respond.

The district court judge in this case called the California superior court judge, discussed the case with the California judge, and then after verifying that the California case was filed first, dismissed the Nevada case. Neither Husband nor Wife was present or represented during the call. The Supreme Court reversed, holding (1) a district court may not independently investigate facts in a pending matter by communicating ex parte with another court without giving the parties an opportunity to respond; and (2) where the same action is filed in two courts, and a party contests the first court's jurisdiction, the second court should ordinarily stay the action to permit the first court to decide the issue of its jurisdiction. The Supreme Court remanded the case with instructions to enter a stay.