Hustead v. Hustead

• Court: Nevada Supreme Court
• Decided: April 27, 2016
• Docket: 70156
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

LEE DAVID HUSTEAD, No. 70156 Appellant, VS.

MARJORIE L. HUSTEAD, Respondent. FILED APR 2 7 2016 TRACIE K. LINDE.MAN CLERK OF SUPREME COURT BY DEPUTY CLERfr

ORDER DISMISSING APPEAL This is a pro se appeal from a hearing purportedly held on March 10, 2016, in a divorce action. Second Judicial District Court, Family Court Division, Washoe County; Cynthia Lu, Judge. Our preliminary review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(g) reveals a potential jurisdictional defect. Specifically, it appears that the notice of appeal was prematurely filed, before the entry of a final written judgment, 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). To the extent appellant seeks to appeal from the order striking a request for submission entered February 24, 2016, the order is not 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). No statute or court rule permits an

SUPREME COURT OF NEVADA

(0) 1947A 4409. to-132 appeal from an order striking a request for submission. Accordingly, we conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED.

C hzit_ Cherry

cc: Hon. Cynthia Lu, District Judge, Family Court Division Lee David Hustead Surratt Law Practice, PC Washoe District Court Clerk

2 (0) 1947A 4)Dget(7