Wiesner v. Laxalt

• Court: Nevada Supreme Court
• Decided: May 20, 2016
• Docket: 70280
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DEANN WIESNER; AND/OBO MINOR No. 70280 WIESNER, Appellants, vs. ADAM P. LAXALT, Respondent. FILED MAY 2 0 2016 TRAC1E K. LINDEMAN CLERK OF SUPREME COURT BY DEPUTY CLERK

ORDER DISMISSING APPEAL This is a pro se appeal from an order denying appellants' peremptory disqualifications of all the justices of the peace of Carson City Township. First Judicial District Court, Carson City; James Todd Russell, Judge. Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, 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, 100 Nev. 207, 678 P.2d 1152 (1984). No appeal lies from an order denying a peremptory challenge to a judge or justice. Cf. State Engineer v. Truckee Carson Irrig., 116 Nev. -

1024, 1028-29, 13 P.3d 395, 398 (2000) (recognizing that a petition for extraordinary relief is the appropriate method of challenging a district court order granting or failing to grant a peremptory challenge to change

SUPREME COURT OF NEVADA

(0) 1947A the judge assigned to the case). We conclude that we lack jurisdiction over this appeal, and we ORDER this appeal DISMISSED.

J

J.

cc: Hon. James Todd Russell, District Judge DeAnn Justine Wiesner Attorney General/Carson City Carson City Clerk

2 (0) 1947A