Nevada Supreme Court, 2016

Diaz (Fernando) v. State

Diaz (Fernando) v. State
Nevada Supreme Court · Decided June 3, 2016

Diaz (Fernando) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

FERNANDO DIAZ, No. 69590 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED JUN 0 3 2016

ORDER DISMISSING APPEAL This is an appeal from a district court order denying a second renewed motion for injunctive relief filed in a criminal matter. Eighth Judicial District Court, Clark County; Kerry Louise Earley, Judge.

Our preliminary review of this appeal revealed a potential jurisdictional defect. Specifically, it appeared that no statute or court rule provides for an appeal from such an order in a criminal matter and, therefore, no right to appeal exists See Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990). Accordingly, we instructed appellant to show cause why this appeal should not be dismissed for lack of jurisdiction.

In his reply to the order to show cause, appellant asserts that this court has jurisdiction over this appeal pursuant to NRAP 3A(b)(8) as an appeal from a special order entered after final judgment. NRAP 3A(b) applies to appealable determinations in civil actions. Thus, appellant's jurisdictional argument in this criminal action is misplaced. Because it

SUPREME COURT OF NEVADA

(0) 1947A 17352. appears that no statute or court rule provides for an appeal from the above-mentioned order in a criminal matter, we ORDER this appeal DISMISSED. ---ess J.

Douglas

Cherry

cc: Hon. Kerry Louise Earley, District Judge Law Offices of Mitchell Posin, Chtd.

Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A 44/§10

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