Dupaix-Larson v. Maestes

• Court: Nevada Supreme Court
• Decided: July 1, 2022
• Docket: 83560
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SANDY DUPAIX-LARSON, ON No. 83560 BEHALF OF JEREMIAH WIGGINTON, Appellant, vs. RAYMOND MAESTES; AND LINDA FILE CHRISTINE MAESTES, JUL 01 2022 Res eondents. ELJZABETH A. BROWN CLERKcg Su REME COURT BY '

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying appellant's motion to dismiss and to extinguish temporary restraining order. Seventh Judicial District Court, White Pine County; Gary Fairman, Judge. This court's review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, it appears that the order 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 Corp., 100 Nev. 207, 209, 678 P.2d 1152, 1153 (1984). Appellant states in her docketing statement that the district court's order is appealable under NRAP 3A(b)(3) as an order refusing to dissolve an injunction because it denied a request to extinguish a temporary restraining order. However, upon a review of the documents submitted to this court, it appears that appellant only sought extinguishment of the temporary restraining order as a consequence of the dismissal of respondents' complaint. No statute or court rule provides for SUPREME COURT OF NEVADA

(0) M7A 07-;-04.23(91 an appeal from an order denying a motion to dismiss. Accordingly, this court lacks jurisdiction and we ORDER this appeal DISMISSED.

J. Silver

Cadish

J. Pickering

cc: Hon. Gary Fairman, District Judge Laurie A. Yott, Settlement Judge Sandy Dupaix-Larson Goicoechea, Di Grazia, Coyle & Stanton, Ltd. White Pine County Clerk

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