Nevada Supreme Court, 2015

In Re: Parental Rights as to A.S.O.

In Re: Parental Rights as to A.S.O.
Nevada Supreme Court · Decided November 19, 2015

In Re: Parental Rights as to A.S.O.

Opinion

previously terminated in court. The district court minutes also• indicate that the petition was orally granted as to Alexis 0. However, no written order expressly resolved the petition as to Alexis 0. Accordingly, we directed appellant to show cause why this appeal should not be dismissed as premature. See NRAP 3A(b)(1) (allowing an appeal from a final judgment); Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000); Rust v. Clark Cnty. Sch. Dist., 103 Nev. 686 689, 747 P.2d 1380, 1382 (1987) (recognizing that an oral pronouncement from the bench is ineffective).

In response, appellant argues that the order denying the petition as to Robert I. should be construed as also resolving the petition as to Alexis 0. Appellant offers no cogent argument in support of this contention. Instead, it asserts that the district court orally conditionally granted the termination petition as to Alexis 0., but that the condition was not fulfilled. Thus, appellant contends, the district court order did not terminate Alexis 0.'s parental rights.' The district court's written order notes, in the factual background section, that Alexis 0.'s parental rights were previously terminated in court. The order makes specific findings of fact and conclusions of law with respect to Robert I. and denies the petition as to him, but makes no findings, conclusions, or orders with respect to Alexis 0. Under these circumstances, we conclude that the district court's order does not resolve the petition with respect to Alexis 0. Accordingly, as it does not appear that any other written order resolves the petition as to

1 We note this is in direct conflict with the written order, which states that Alexis 0.'s parental rights were terminated.

SUPREME COURT OF NEVADA

(0) 1947A ea Alexis 0., this appeal is premature, and we order it dismissed. See NRAP 4(a)(6). Appellant may file an appeal after a final judgment is entered.

It is so ORDERED.

cZsit, Saitta

J.

Gibboffs Pickering

cc: Chief Judge, The Eighth Judicial District Court Hon. Nancy A. Becker, Senior Judge Clark County District Attorney/Juvenile Division Valarie I. Fujii & Associates Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A 111 rffigatUNIV

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