Engel v. Boulder City

• Court: Nevada Supreme Court
• Decided: January 18, 2019
• Docket: 77212
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THOMAS ENGEL, No. 77212 Appellant, vs. BOULDER CITY; PUBLIC AGENCY COMPENSATION TRUST; AND ALTERNATIVE SERVICE CONCEPTS, LLC, JAN 1 8 Respondents. art CLLR} , • 11 3URT

BY DEPUTY

ORDER DISMISSING APPEAL

This is an appeal from an order denying appellant's motion for reconsideration and an amended order denying appellant's amended motion to dismiss the petition for judicial review. Eighth Judicial District Court, Clark County; Joanna Kishner, Judge. Our preliminary review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(g) revealed two potential jurisdictional defects. Specifically, no statute or court rule authorizes an appeal from an order denying a motion for reconsideration. See Alois v. State, Gaming Control Bd., 99 Nev. 184, 660 P.2d 980 (1983). No statute or court rule provides for an appeal from an order denying a motion to dismiss, and such an order is not a final appealable judgment. Taylor Constr. Co. v. Hilton Hotels, 100 Nev. 207, 678 P.2d 1152 (1984). Appellant argues that the appeal involves a challenge to the district court's

SUPREME COURT OF NEVADA 19.03v73 (0) 194Th jurisdiction to hear the petition for judicial review; such a challenge is not available by appeal from a non-appealable order. We ORDER this appeal DISMISSED.

Ca dish

cc: Hon. Joanna Kishner, District Judge Janet Trost, Settlement Judge Nevada Attorney for Injured Workers/Carson City Thorndal Armstrong Delk Balkenbush & Eisinger/Reno Eighth District Court Clerk

SUPREME COURT OF NEVADA

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