Reese Vs, Wright

• Court: Nevada Supreme Court
• Decided: April 21, 2017
• Docket: 72611
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JAMES MARTIN REESE, No. 72611 Appellant, VS. VANESSA WRIGHT, AJK/A VANESSA RIVES, Respondent. FILED APR 21 2017 ELIZABETH A. BROWN CLERIC OF SUPREME COURT BY EPUTY CUE

ORDER DISMISSING APPEAL This is a pro se appeal from an order denying a motion to strike respondent's suggestion of bankruptcy notice, denying respondent's motion to strike appellant's complaint and for sanctions, and staying the district court proceedings. Eighth Judicial District Court, Clark County; Mark R. Denton, Judge. Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the 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. 0. Hilton Hotels, 100 Nev. 207, 678 P.2d 1152 (1984). No appeal lies from an order denying a motion to strike. 1

'Moreover, the filing of a bankruptcy petition operates to stay, automatically, the "continuation" of any "judicial . . action. . . against the debtor." 11 U.S.C. § 362(a)(1). As respondent is the debtor in the action below, the proceedings are stayed pursuant to federal law.

SUPREME COURT OF NEVADA

(01 I947A /7-/33-7g We therefore conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED. 2

J. Douglas

J. Gibbons

cc: Hon. Mark R. Denton, District Judge James Martin Reese Vanessa Wright Eighth District Court Clerk

2 We deny as moot respondent's "objection" to the notice of appeal.

(a) 1947A e 2