Phillips v. Phillips

• Court: Nevada Supreme Court
• Decided: April 21, 2017
• Docket: 72717
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

KENNETH CHARLES PHILLIPS, No. 72717 Appellant, vs. LISA MARIE PHILLIPS, FILED Respondent. APR 2 1 2017 ELIZABETH k BROWN CLERK OF SUPREME COURT BYM DEP TY CLERK

ORDER DISMISSING APPEAL This is a pro se appeal from an order addressing a motion to modify child support and alimony. Third Judicial District Court, Lyon County; John Schlegelmilch, Judge. Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals two jurisdictional defects. By its terms, the order denies appellant's motion to reduce his child support obligation, temporarily reduces appellant's alimony obligation, and directs the parties to return in six months for review of both obligations. It appears, therefore, that the district court has not entered a final written judgment adjudicating all the rights and liabilities of all the parties, and it appears that the order is not amenable to certification pursuant to NRCP 54(b), as it appears that only one claim for relief has been asserted. Mid-Century Ins. Co. v. Cherubini, 95 Nev. 293, 593 P.2d 1068 (1979). The order is not a final resolution of appellant's motion to modify alimony and child support. In addition, it appears that the judgment or order designated in the notice of appeal is not substantively 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, SUPREME COURT OF NEVADA

(0) 1947A e 17--i 3315 100 Nev. 207, 678 P.2d 1152 (1984). No statute or court rule provides for an appeal from an order temporarily modifying child support and alimony. We conclude, therefore, that we lack jurisdiction, and we ORDER this appeal DISMISSED.

J. Douglas

Pickering Platt. , J.

cc: Hon. John Schlegelmilch, District Judge Kenneth Charles Phillips Lisa Marie Phillips Third District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A e 2