In Re: B.G.

• Court: Nevada Supreme Court
• Decided: September 21, 2021
• Docket: 83380
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

IN THE MATTER OF: B. G., MINOR No. 83380 CHILD.

GINA G.,

vs. Appellant, FILE WASHOE COUNTY HUMAN SEP 2 1 2021 SERVICES AGENCY, ELiZEJ A. BROWN Res • ondent. CLERK OF PREME COURT BY DtPLITY CLERK

ORDER DISMISSING APPEAL

This is an appeal from a district court order affirming master's findings and recommendations. Second Judicial District Court, Family Court Division, Washoe County; Paige Dollinger, Judge. Review of the notice of appeal, docketing statement, and documents before this court reveals a jurisdictional defect. It does not appear that the district court has entered a final judgment appealable under NRAP 3A(b)(1). See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). The order challenged in this appeal determines the temporary custody of the minor children, and that order is subject to periodic mandatory review and modification by the district court. See NRS Chapter 432B. Thus, it appears that the district court has not entered a final written judgment. In re Temp. Custody of Five Minor Children, 105 Nev. 441, 443, 777 P.2d 901, 902 (1989); Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000). No statute or court rule authorizes an appeal from an order of the district court affirming a master's

t findings and recommendation and determining temporary custody pursuant to NRS Chapter 432B. The right to appeal is statutory, and where no statute or rule authorizes an appeal, no right to appeal exists. See Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (this court "may only consider appeals authorized by statute or court rule"). Accordingly we lack jurisdiction and ORDER this appeal DISMISSED.'

, J. Cadish

Pieke4 , J. Pickering Herndon

cc: Hon. Paige Dollinger, District Judge, Family Court Division Gina G. Washoe County District Attorney Washoe District Court Clerk

'In light of this decision, this court takes no action in regard to appellant's transcript request form filed on August 30, 2021. SUPREME Coma OF NEVADA

(C) 1947A AD, 2 , - .1". A •• '"si- Z.' ;;;;E..4: