Thomas Vs. Ward (Child Custody)

481 P.3d 233

• Court: Nevada Supreme Court
• Decided: March 1, 2021
• Docket: 82260
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DEBORAH CLAIR THOMAS, No. 82260 Appellant, vs. JD FILE

TIMOTHY WARD, Res ondent. MAR 0 2021 A. BROWN CLERK OF DY CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order regarding a motion for order to show cause and awarding attorney fees. Eighth Judicial District Court, Clark County; Rhonda Kay Forsberg, Judge. Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The challenged order regarding fees and costs does not appear to be substantively appealable. NRAP 3A(b)(8) permits an appeal from a special order after final judgment, which is an order that affects the rights of any party growing out of the final judgment. Gumm v. Mainor, 118 Nev. 912, 59 P.3d 1220 (2002). Here, the challenged order awards fees and costs related to appellant's filing of a motion for order to show cause, and does not affect the rights of the parties arising from the final judgment regarding custody. Thus, the order is not appealable as a special order after final judgment, and no other statute or court rule appears to authorize an appeal from this order. See Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (this court SUPREME COURT OF NEVADA

(0) (947A arap t, osci "may only consider appeals authorized by statute or court rule"). This court lacks jurisdiction and ORDERS this appeal DISMISSED.

40,

, J. Cadish

J. Pickering Herndon

cc: Hon. Rhonda Kay Forsberg, District Judge Deborah Clair Thomas Timothy Ward Eighth District Court Clerk