Taylor v. Brill, M.D.

Nevada Supreme Court

Taylor v. Brill, M.D.

DecidedAugust 11, 2022

Docket84421

StatusPublished

This text of Taylor v. Brill, M.D. (Taylor v. Brill, M.D.) 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

Taylor v. Brill, M.D., (Neb. 2022).

Pincite

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

KIMBERLY D. TAYLOR, AN No. 84421 INDIVIDUAL, Appellant, VS.

KEITH BRILL, M.D., FACOG, FACS, FILE AN INDIVIDUAL; AND WOMEN'S AUG 1 1 2022 HEALTH ASSOCIATES OF ELIZABE A. BROWN SOUTHERN NEVADA-MARTIN PLLC, CL OF var.:. COURT A NEVADA PROFESSIONAL LIMITED CLERK LIABILITY COMPANY, Res • ondents.

ORDER DISMISSING APPEAL This is an appeal from a postjudgment order denying a motion to disqualify respondents' law firm. Eighth Judicial District Court, Clark County; J. Charles Thompson, Judge. Initial review of this appeal revealed a potential jurisdictional defect. Specifically, it appears that the order challenged on appeal is not substantively appealable. Accordingly, this court directed appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant has filed a response to this court's show cause order, and respondents have filed a reply. In her response to the order to show cause, appellant argues that the challenged order is appealable as a special order entered after final judgment under NRAP 3A(b)(8). This court has repeatedly stated that mandamus is the appropriate vehicle for challenging orders disqualifying counsel. See Nev. Yellow Cab Corp. v. Eighth Judicial Dist. Court, 123 Nev. 44, 49, 152 P.3d 737, 740 (2007); Waid v. Eighth Judicial Dist. Court, 121 Nev. 605, 609, 119 P.3d 1219, 1222 (2005); Leibowitz v. Eighth Judicial Dist. SUPREME COURT OF NEVADA

(()) 1947A dISP. , z -2-zcitifq .„. 4r. • Court, 119 Nev. 523, 529, 78 P.3d 515, 519 (2003). The right to an appeal is statutory; if no statute or court rule provides for an appeal, no right to appeal exists. See Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013). No statute or court rule provides for an appeal from an attorney disqualification order. Accordingly, this court lacks jurisdiction and ORDERS this appeal DISMISSED.

J. Hardesty

AI,L$G4-0 Stiglich Herndon

cc: Chief Judge, The Eighth Judicial District Court Hon. J. Charles Thompson, Senior Judge Breeden & Associates, PLLC McBride Hall Eighth District Court Clerk

SUPREME COURT OF N EVADA

fO l7A ...Mr, 2

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

KIMBERLY D. TAYLOR, AN No. 84421 INDIVIDUAL, Appellant, VS.

KEITH BRILL, M.D., FACOG, FACS, FILE AN INDIVIDUAL; AND WOMEN'S AUG 1 1 2022 HEALTH ASSOCIATES OF ELIZABE A. BROWN SOUTHERN NEVADA-MARTIN PLLC, CL OF var.:. COURT A NEVADA PROFESSIONAL LIMITED CLERK LIABILITY COMPANY, Res • ondents.

ORDER DISMISSING APPEAL This is an appeal from a postjudgment order denying a motion to disqualify respondents' law firm. Eighth Judicial District Court, Clark County; J. Charles Thompson, Judge. Initial review of this appeal revealed a potential jurisdictional defect. Specifically, it appears that the order challenged on appeal is not substantively appealable. Accordingly, this court directed appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant has filed a response to this court's show cause order, and respondents have filed a reply. In her response to the order to show cause, appellant argues that the challenged order is appealable as a special order entered after final judgment under NRAP 3A(b)(8). This court has repeatedly stated that mandamus is the appropriate vehicle for challenging orders disqualifying counsel. See Nev. Yellow Cab Corp. v. Eighth Judicial Dist. Court, 123 Nev. 44, 49, 152 P.3d 737, 740 (2007); Waid v. Eighth Judicial Dist. Court, 121 Nev. 605, 609, 119 P.3d 1219, 1222 (2005); Leibowitz v. Eighth Judicial Dist. SUPREME COURT OF NEVADA

(()) 1947A dISP. , z -2-zcitifq .„. 4r. • Court, 119 Nev. 523, 529, 78 P.3d 515, 519 (2003). The right to an appeal is statutory; if no statute or court rule provides for an appeal, no right to appeal exists. See Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013). No statute or court rule provides for an appeal from an attorney disqualification order. Accordingly, this court lacks jurisdiction and ORDERS this appeal DISMISSED.

J. Hardesty

AI,L$G4-0 Stiglich Herndon

cc: Chief Judge, The Eighth Judicial District Court Hon. J. Charles Thompson, Senior Judge Breeden & Associates, PLLC McBride Hall Eighth District Court Clerk

SUPREME COURT OF N EVADA

fO l7A ...Mr, 2

Cite This Page — Counsel Stack

Bluebook (online)

Taylor v. Brill, M.D., Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-brill-md-nev-2022.

Opinion

J. Hardesty

Related

Cite This Page — Counsel Stack