Ji v. State, Dep't of Family Serv.'s

Nevada Supreme Court

Ji v. State, Dep't of Family Serv.'s

DecidedApril 11, 2017

Docket70731

StatusUnpublished

This text of Ji v. State, Dep't of Family Serv.'s (Ji v. State, Dep't of Family Serv.'s) 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.

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Ji v. State, Dep't of Family Serv.'s, (Neb. 2017).

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IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVID JI, No. 70731 Appellant, vs. STATE OF NEVADA DEPARTMENT FILED OF FAMILY SERVICES; HUYEN APR 1 1 2017 NGUYEN; AND J. L., ELIZABETH A. BROWN Respondents. CLERK OF SUPREME COURT BY -. I.' DEI7UCIY CLERK ORDER DISMISSING APPEAL

This is an appeal from a juvenile court order in an NRS Chapter 432B abuse and neglect action. Eighth Judicial District Court, Family Court Division, Clark County; Robert Teuton, Judge. This proceeding was initiated by an NRS Chapter 432B abuse and neglect petition. The juvenile court held a hearing, and found the child was in need of protection. The juvenile court granted custody to the child's mother on the condition that appellant have no contact with the child until appellant substantially completed the court-approved case plan. Appellant seeks to challenge this ruling; however, the challenged juvenile court order is not an appealable order. An order concluding the NRS Chapter 432B proceedings is not appealable because it arose in the juvenile court and concerns child custody. NRAP 3A(b)(7). Additionally, temporary orders in NRS Chapter 432B actions are not final, and thus, are 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 43213 temporary custody order). Instead, such orders must be challenged by way of writ petition. See In re A.B., 128 Nev. 764, 769, 291 P.3d 122, 126 SUPREME COURT (2012) ("[B]ecause the lower court's order arises from a juvenile proceeding OF NEVADA

0 I947A 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."). Accordingly, we lack jurisdiction over this appeal, and we ORDER this appeal DISMISSED.

Hardesty

/44;#632 J. Stiglich

cc: Hon. Robert Teuton, District Judge, Family Court Division William B. Terry, Chartered Clark County District Attorney/Juvenile Division Jennifer McDonald Law Rebecca Burr Law Firm Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1941A e 2

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IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVID JI, No. 70731 Appellant, vs. STATE OF NEVADA DEPARTMENT FILED OF FAMILY SERVICES; HUYEN APR 1 1 2017 NGUYEN; AND J. L., ELIZABETH A. BROWN Respondents. CLERK OF SUPREME COURT BY -. I.' DEI7UCIY CLERK ORDER DISMISSING APPEAL

This is an appeal from a juvenile court order in an NRS Chapter 432B abuse and neglect action. Eighth Judicial District Court, Family Court Division, Clark County; Robert Teuton, Judge. This proceeding was initiated by an NRS Chapter 432B abuse and neglect petition. The juvenile court held a hearing, and found the child was in need of protection. The juvenile court granted custody to the child's mother on the condition that appellant have no contact with the child until appellant substantially completed the court-approved case plan. Appellant seeks to challenge this ruling; however, the challenged juvenile court order is not an appealable order. An order concluding the NRS Chapter 432B proceedings is not appealable because it arose in the juvenile court and concerns child custody. NRAP 3A(b)(7). Additionally, temporary orders in NRS Chapter 432B actions are not final, and thus, are 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 43213 temporary custody order). Instead, such orders must be challenged by way of writ petition. See In re A.B., 128 Nev. 764, 769, 291 P.3d 122, 126 SUPREME COURT (2012) ("[B]ecause the lower court's order arises from a juvenile proceeding OF NEVADA

0 I947A 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."). Accordingly, we lack jurisdiction over this appeal, and we ORDER this appeal DISMISSED.

Hardesty

/44;#632 J. Stiglich

cc: Hon. Robert Teuton, District Judge, Family Court Division William B. Terry, Chartered Clark County District Attorney/Juvenile Division Jennifer McDonald Law Rebecca Burr Law Firm Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1941A e 2

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