Cinque v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JAMAA ANTHONY CINQUE, No. 78941 Appellant,

vs.

THE STATE OF NEVADA; AND DWAYNE DEAL, TIME KEEPER, NDOC, FILED Respondents.

JUN 2 1 2019 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY 5•Y

DEPUTY CL8

ORDER DISMISSING APPEAL

This is a pro se appeal from an order granting respondents'

motion to set aside a default judgment. First Judicial District Court, Carson City; James E. Wilson, Judge.

Review of 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. v. Hilton Hotels, 100 Nev. 207, 678 P.2d 1152 (1984). An appeal may be taken from "[a] special order entered after final judgment, excluding an order granting a motion to set aside a default judgment under NRCP 60(b)(1) when the motion was filed and served within 60 days after entry of the default judgment." NRAP 3A(b)(8) (emphasis added). The default judgment in this case was filed on

lq-2.(024

April 4, 2019; the motion to set it aside was filed and served on April 22, 2019. Therefore, this court lacks jurisdiction and ORDERS this appeal DISMISSED.

J.

Hardesty

J.

Stiglich

J.

Silver

cc: Hon. Jarnes E. Wilson, District Judge Jamaa Anthony Cinque Attorney General/Carson City Rands & South & Gardner/Reno Carson City. Clerk

SUPREME COUR!'

OF NEVADA

(0) 1947A 41100 2