In Re: J.O., Minor Child

Nevada Supreme Court

In Re: J.O., Minor Child

DecidedJuly 23, 2015

Docket67728

StatusUnpublished

This text of In Re: J.O., Minor Child (In Re: J.O., Minor Child) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re: J.O., Minor Child, (Neb. 2015).

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Opinion

proceeding void. On March 10, 2015, the district court denied the motion, and appellant brought this appeal. Our review of this appeal reveals a jurisdictional defect. Orders entered in NRS Chapter 432B proceedings are not final, but rather, temporary and thus not appealable. See In re Temp. Custody of Five Minor Children, 105 Nev. 441, 443, 777 P.2d 901, 902 (1989) (stating that no appeal may be taken from an NRS Chapter 432B temporary custody order). Even if an order concludes the NRS Chapter 432B proceedings by dismissing the case, the order likewise is not appealable because it arose in the juvenile court and concerns child custody. NRAP 3A(b)(7). Instead, such orders must be challenged by way of writ petition. See In re A.B., 128 Nev. Adv. Op. 70, 291 P.3d 122, 126 (2012) ("[B]ecause the lower court's order arises from a juvenile proceeding and concerns child custody, it is not substantively appealable under NRAP 3A, and therefore, [the] only remedy is by way of a petition for a writ of mandamus."). Moreover, NRCP 60(b) allows a party to seek relief from "a final judgment, order, or proceeding," and by its express terms, only applies to final judgments. See Barry v. Lindner, 119 Nev. 661, 669, 81 P.3d 537, 542 (2003). Because the January 29, 2014, order returning the child to appellant and dismissing the case was not a final judgment, appellant could not seek relief under NRCP 60(b). Thus, the March 10, 2015, order denying appellant's motion is not appealable. Cf. Holiday Inn Downtown v. Barnett, 103 Nev. 60, 63, 732 P.2d 1376, 1379 (1987)

SUPREME COURT OF NEVADA 2 (0) 1947A e (allowing an appeal from an order denying an NRCP 60(b) motion). As we lack jurisdiction, we ORDER this appeal DISMISSED.'

J.

J. Gibbons

Pickering

cc: Hon. Egan K. Walker, District Judge, Family Division Jerry L. 0. Washoe County District Attorney Washoe District Court Clerk

'We deny as moot the relief requested by appellant in his document filed on July 9, 2015.

SUPREME COURT OF NEVADA 3 (0) 1947A cep

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proceeding void. On March 10, 2015, the district court denied the motion, and appellant brought this appeal. Our review of this appeal reveals a jurisdictional defect. Orders entered in NRS Chapter 432B proceedings are not final, but rather, temporary and thus not appealable. See In re Temp. Custody of Five Minor Children, 105 Nev. 441, 443, 777 P.2d 901, 902 (1989) (stating that no appeal may be taken from an NRS Chapter 432B temporary custody order). Even if an order concludes the NRS Chapter 432B proceedings by dismissing the case, the order likewise is not appealable because it arose in the juvenile court and concerns child custody. NRAP 3A(b)(7). Instead, such orders must be challenged by way of writ petition. See In re A.B., 128 Nev. Adv. Op. 70, 291 P.3d 122, 126 (2012) ("[B]ecause the lower court's order arises from a juvenile proceeding and concerns child custody, it is not substantively appealable under NRAP 3A, and therefore, [the] only remedy is by way of a petition for a writ of mandamus."). Moreover, NRCP 60(b) allows a party to seek relief from "a final judgment, order, or proceeding," and by its express terms, only applies to final judgments. See Barry v. Lindner, 119 Nev. 661, 669, 81 P.3d 537, 542 (2003). Because the January 29, 2014, order returning the child to appellant and dismissing the case was not a final judgment, appellant could not seek relief under NRCP 60(b). Thus, the March 10, 2015, order denying appellant's motion is not appealable. Cf. Holiday Inn Downtown v. Barnett, 103 Nev. 60, 63, 732 P.2d 1376, 1379 (1987)

SUPREME COURT OF NEVADA 2 (0) 1947A e (allowing an appeal from an order denying an NRCP 60(b) motion). As we lack jurisdiction, we ORDER this appeal DISMISSED.'

J.

J. Gibbons

Pickering

cc: Hon. Egan K. Walker, District Judge, Family Division Jerry L. 0. Washoe County District Attorney Washoe District Court Clerk

'We deny as moot the relief requested by appellant in his document filed on July 9, 2015.

SUPREME COURT OF NEVADA 3 (0) 1947A cep

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J. Gibbons

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