Holmes v. Miller

Nevada Supreme Court·Decided January 6, 2022·No. 84005·Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

WILBERT ROY HOLMES, No. 84005 Appellant, vs.

ERNEST MILLER; AND CAPUCINE FILED YOLANDA HOLMES, JAN 0 6 2on Res ondents. EUZABFRI A. BROWN OLERKIVUPREME COLIgr BY •

ORDER DISMISSING APPEAL DEPXCIER

s

This is a pro se appeal. Eighth Judicial District Court, Clark County; Michael Villani, Judge.

Review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, appellant fails to identify any appealable order. To the extent appellant wishes to challenge findings from a prove up hearing possibly held December 21, 2021, no written order has been filed. Before a written order is signed and entered by the court, any notice of appeal is prematurely filed and is therefore of no effect. See NRAP 4(a)(1); Rust v. Clark Cty. School District, 103 Nev. 686, 747 P.2d 1380 (1987) (explaining that the district court's oral pronouncement from the bench, the clerk's minute order, and even an unfiled written order cannot be appealed). This court lacks jurisdiction and ORDERS this appeal DISMISSED.

J.

Hardesty

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Stiglich Herndon

SUPREME COURT OF NETPDA

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cc: Hon. Michael Villani, District Judge Wilbert Roy Holmes Ernest Miller Heaton Fontano, Ltd. Eighth District Court Clerk

SUPREME COURT OF NEVADA

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Related

Rust v. Clark County School District
747 P.2d 1380 (Nevada Supreme Court, 1987)