Benson v. State, Dep't of Family Servs.

• Court: Nevada Supreme Court
• Decided: June 3, 2019
• Docket: 77159
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THOMAS ARVEL BENSON, No. 77159 Appellant, vs. STATE OF NEVADA DEPARTMENT OF FAMILY SERVICES, Respondent. FILED JUN 0 3 2019 ELIZABETFI A. BROWN CLERKSF SUPREME COURT

BY D>ieffra-A DEPUTY CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from an oral decision of the district court entered in a juvenile protection proceeding. Eighth Judicial District Court, Family Court Division, Clark County; Bryce C. Duckworth, Judge. Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The district court's oral order is of no effect and cannot be appealed. See State, Div. Child & Earn. Services v. Eighth Ad. District Court, 120 Nev. 445,451-54, 92 P.3d 1239, 1243-45 (2004) ([D]ispositional court orders that are not administrative in nature, but deal with the procedural posture or merits of the underlying controversy, must be written, signed, and filed before they become effective."). Moreover, orders entered in the context of NRS Chapter 432B proceedings are not appealable. See, e.g., Clark Cty Dist. Attorney v. Eighth Judicial Dist.

SUPREME COURT OF NEVADA

(01 1947A ce lq - 2 31 38 Court, 123 Nev. 337, 342, 167 P.3d 922, 925 (2007). Accordingly, this court lacks jurisdiction and ORDERS this appeal DISMISSED.

Hardesty

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cc: Hon. Bryce C. Duckworth, District Judge, Family Court Division Thomas Arvel Benson Clark County District Attorney Eighth District Court Clerk

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