Afrand v. Nev. Property 1, Llc

• Court: Nevada Supreme Court
• Decided: November 17, 2022
• Docket: 85589
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

RICHARD AFRAND, No. 85589 Appellant, vs. NEVADA PROPERTY 1, LLC, FILE Respondent. NOV 1 7 2022 48ETH BROWN - SUI ME COURT

ORDER DISMISSING APPEAL

This is a pro se appeal from multiple district court orders and other filings. Eighth Judicial District Court, Clark County; Nancy L. Allf, Judge. Appellant identified the notice of appeal in this matter as a third amended notice of appeal to be filed in Docket No. 84103. However, because the notice of appeal challenges several new documents not identified in appellant's previous notices of appeal, the notice was docketed as a new appeal and assigned Docket No. 85589. This court's review of the notice of appeal and documents before this court in Docket No. 85589 reveals jurisdictional defects regarding the new documents challenged in this notice of appeal.' No statute or court rule allows an appeal from all but one of the newly challenged documents. See Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (this court "may only consider appeals authorized by statute or court rule"). The district court's September

"This court's jurisdiction over the appeal of the documents that are challenged in Docket No. 84103 will be determined in the context of that appeal. SUPREME COURT OF NEVADA

(01 1947A 3 6, 2022, "Order Sustaining Objection to Defendant's Claim of Exemption from Execution" appears substantively appealable. See NRAP 3A(b)(8).

However, the notice of appeal was untimely filed from service of notice of entry of that order. In particular, notice of entry of the order was served on appellant on September 6, 2022. The notice of appeal was not filed in the district court until October 25, 2022, well past the 30-day deadline established by NRAP 4(a)(1). This court lacks jurisdiction over an untimely filed notice of appeal. Healy v. Volkswagenwerk Aktiengesellschaft, 103 Nev. 329, 330, 741 P.2d 432, 432 (1987). Accordingly, this court ORDERS this appeal DISMISSED.

Hardesty

Al; 1/4.111G1.4 114r =3=r) , J. Stiglich Herndon

cc: Hon. Nancy L. Allf, District Judge Richard Afrand Snell & Wilmer, LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) I 947A 4031.