In Re: The Dicicco Family Tr.

Nevada Supreme Court

In Re: The Dicicco Family Tr.

DecidedJuly 29, 2019

Docket79020

StatusPublished

This text of In Re: The Dicicco Family Tr. (In Re: The Dicicco Family Tr.) 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: The Dicicco Family Tr., (Neb. 2019).

Pincite

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

IN THE MATTER OF THE DICICCO No. 79020 FAMILY TRUST.

ALAN R. DICICCO, FILED Appellant, vs. JUL 2 9 2019 VICTORIA RICH, A. BROWN, PRE ' COURT Respondent. SY CL.ERK

ORDER DISMISSING APPEAL This is an appeal from a district court's minute order in a matter involving a family trust. Eighth Judicial District Court, Clark County; Gloria Sturman, Judge. Review of the documents before this court reveals a jurisdictional defect. The district court's minute order is ineffective and cannot be appealed, and it does not appear that the district court has entered a written order regarding its decision made on May 31, 2019. See Rust v. Clark Cty. Sch. Dist., 103 Nev. 686, 689, 747 P.2d 1380, 1382 (1987) (explaining that a district court's oral pronouncement from the bench, the clerk's minute order, and even an unfiled written order cannot be appeqled); Div. of Child & Family Servs. v. Eighth Judicial Dist. Court, 120 Nev't 445, 451, 92 P.3d 1239, 1243 (2004) (holding that "dispositional court orders that are not administrative in nature, but deal with the procedural posture or merits of the underlying controversy, must be written, signed, and filed before they become effective"). Thus, the notice of appeal was prematurely filed and this court lacks jurisdiction. See NRAP 4(a)(6) (providing that "[a] premature notice of appeal does not divest the district court of jurisdiction" and that this "court may dismiss as premature a notice of appeal filed after SUPREME COURT OF NEVADA 30 ce.3 (0) 1947A AD. the oral pronouncement of a decision or order but before entry of the written judgnaent or order"). Accordingly, this court ORDERS this appeal DISMISSED.'

Pickering Ade. , J. SI:26."6.14V.I°778 Parraguirre Cadish

cc: Hon. Gloria Sturman, District Judge Alan R. Dicicco Rushforth Lee & Kiefer LLP Eighth District Court Clerk

'This court vacates its order entered July 24, 2019.

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE SUPREME COURT OF THE STATE OF NEVADA

IN THE MATTER OF THE DICICCO No. 79020 FAMILY TRUST.

ALAN R. DICICCO, FILED Appellant, vs. JUL 2 9 2019 VICTORIA RICH, A. BROWN, PRE ' COURT Respondent. SY CL.ERK

ORDER DISMISSING APPEAL This is an appeal from a district court's minute order in a matter involving a family trust. Eighth Judicial District Court, Clark County; Gloria Sturman, Judge. Review of the documents before this court reveals a jurisdictional defect. The district court's minute order is ineffective and cannot be appealed, and it does not appear that the district court has entered a written order regarding its decision made on May 31, 2019. See Rust v. Clark Cty. Sch. Dist., 103 Nev. 686, 689, 747 P.2d 1380, 1382 (1987) (explaining that a district court's oral pronouncement from the bench, the clerk's minute order, and even an unfiled written order cannot be appeqled); Div. of Child & Family Servs. v. Eighth Judicial Dist. Court, 120 Nev't 445, 451, 92 P.3d 1239, 1243 (2004) (holding that "dispositional court orders that are not administrative in nature, but deal with the procedural posture or merits of the underlying controversy, must be written, signed, and filed before they become effective"). Thus, the notice of appeal was prematurely filed and this court lacks jurisdiction. See NRAP 4(a)(6) (providing that "[a] premature notice of appeal does not divest the district court of jurisdiction" and that this "court may dismiss as premature a notice of appeal filed after SUPREME COURT OF NEVADA 30 ce.3 (0) 1947A AD. the oral pronouncement of a decision or order but before entry of the written judgnaent or order"). Accordingly, this court ORDERS this appeal DISMISSED.'

Pickering Ade. , J. SI:26."6.14V.I°778 Parraguirre Cadish

cc: Hon. Gloria Sturman, District Judge Alan R. Dicicco Rushforth Lee & Kiefer LLP Eighth District Court Clerk

'This court vacates its order entered July 24, 2019.

Cite This Page — Counsel Stack

Bluebook (online)

In Re: The Dicicco Family Tr., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-dicicco-family-tr-nev-2019.

Opinion

Related

Cite This Page — Counsel Stack