Holmes Vs. Miller

479 P.3d 1004

• Court: Nevada Supreme Court
• Decided: February 10, 2021
• Docket: 82209
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

WILBERT ROY HOLMES, No. 82209 Appellant, vs. WILLIAM R. MILLER, Respondent. FILED FEB 1 0 2021 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY S DEPU CL

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court decision declining to impose sanctions on appellant and admonishing him. Eighth Judicial District Court, Clark County; Trevor L. Atkin, Judge. Review of the notice of appeal and documents submitted to this court reveals a jurisdictional defect. The district court's oral pronouncement and minute order cannot be appealed. State, Div. of Child and Family Serv's v. Eighth Judicial Dist. Court, 120 Nev. 445, 454, 92 P.3d 1239, 1245 (2004) ([D]ispositional court orders that are not administrative in nature, but deal with the procedural posture or merits of the underlying controversy, rnust be written, signed, and filed before they become effective"). It does not appear that the district court has entered any written order memorializing its decision. Further, appellant is not aggrieved by an order declining to impose sanctions on him and it does not appear that an order admonishing appellant is substantively appealable. See NRAP 3A(a) (allowing an appeal by an aggrieved party); Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (this court "may only SUPREME COURT OF NEvADA

(0) 1947A 411501,5 consider appeals authorized by statute or court rule"). Accordingly, this court concludes that it lacks jurisdiction and ORDERS this appeal DISMISSED.

°6-54tria-177. Parraguirre

.41,;-31bC"-g , J. Stiglich Silver

cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 8 Wilbert Roy Holmes William R. Miller Eighth District Court Clerk

SUPREME COURT OF NuvaDA

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