CARSON CITY -- A divorce decree and property settlement ordered by a Clark County Family Court judge in 2004 was invalidated by the state Supreme Court on Wednesday because the decision was made after a 16-minute trial, with no sworn witnesses and with one of three parties not given a chance to speak.
The ruling by a three-justice panel of the court reversed a decision by Judge N. Anthony Del Vecchio, who at the May 2004 trial denied a postponement though two of the three parties in the dispute had no attorney present and spoke either limited or no English.
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The parties resolved a child custody issue, but the property division was rejected by the Supreme Court and sent back for a new trial.
The case involves Mickey Liu and her sister, Julia Liu, and Mickey Liu's husband, Andy Nguyen. Nguyen filed for divorce in 2003.
Mickey and Julia Liu appealed the 2004 decision on the property. The Liu sisters did not have an attorney at the 2004 trial. Julia Liu asked for a postponement but was denied.
Without being sworn in, Julia Liu, who speaks limited English, said that she had no business relationship with Nguyen and that he was not entitled to her property.
Mickey Liu, who was not represented by an attorney, spoke no English. She was never given a chance to speak except to state her name.
No evidence was offered or admitted during the 16-minute trial, the Supreme Court said.
Property consisting of three massage parlors and three homes were divided between Nguyen and Julia Liu.
"The court had determined, based on documentary evidence, and without explanation, that Andy and Julia had a partnership," the court said.
Mickey Liu was awarded an interest in a fourth home.
The two sisters appealed, arguing their rights were violated by the brief court proceedings. They argued the judge erred by using community property principles to the distribution of property between Julia Liu and Nguyen, who were not married.
"Here, the District Court was aware that Julia and Mickey were not represented by counsel and that they were not fluent in English; still, the court proceeded to dispose of their property interests and to dissolve Mickey and Andy's marriage without benefit of a meaningful proceeding," the Supreme Court said.
