Brooks v. U.S. Bank Trust, N.A.

• Court: Nevada Supreme Court
• Decided: December 20, 2018
• Docket: 77130
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

LAFAYETTE DEAN BROOKS, A/K/A No. 77130 DEAN BROOKS, Appellant, vs. U.S. BANK TRUST, N.A., AS TRUSTEE FILED FOR LSF9 MASTER PARTICIPATION TRUST, DEC 2 0 2018 ELIZABETH A. BROWN Respondent. CLEM< OF SUPREME COURT ay C >if r.`4f-* DEPUTY cLe

ORDER DISMISSING APPEAL This is a pro se appeal from a district court order denying a motion to stay the proceedings below pending resolution of a related appeal. Fifth Judicial District Court, Nye County; Kimberly A. Wankel., Judge. Our preliminary review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the order designated in the notice of appeal is not substantively appealable.' See NRAP 3A(b). This court has jurisdiction to consider an appeal only when the appeal is authorized by statute or court rule. Taylor Constr. Co. u. Hilton Hotels, 100 Nev. 207, 678 P.2d 1152 (1984). No statute or court rule authorizes an appeal from an order denying a motion for stay. See, e.g., Brunzell Constr. Co. v. Harrah's Club, 81 Nev. 414, 404 P.2d 902 (1965) (stating that an order granting or

'Although appellant's motion is entitled "Request for Injunctive Relief," the district court treated the filing as a motion for stay and resolved it as such.

SUPREME COURT OF NEVADA

I - s 09103 denying a stay of proceedings is not appealable). We lack jurisdiction over this appeal, and we ORDER this appeal DISMISSED. 2

Gibbolln Hardesty

cc: Hon. Kimberly A. Wanker, District Judge Lafayette Dean Brooks Ballard Spahr LLP/Las Vegas Nye County Clerk

2 Given this order, we take no action on the pro se letter filed November 2, 2018. SUPREME COURT OF NEVADA

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