Nevada Supreme Court, 2016

Brazell v. Brazell

Brazell v. Brazell
Nevada Supreme Court · Decided August 22, 2016

Brazell v. Brazell

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

LOREN K. BRAZELL, No. 70773 Appellant, vs. DEBRA BRAZELL, N/K/A DEBRA BEMENT, FILED Respondent. AUG 2 2 2016

ORDER DISMISSING APPEAL This is a pro se appeal from an order setting an evidentiary hearing regarding a motion to find appellant in contempt and denying a motion to find appellant to be a vexatious litigant. Second Judicial District Court, Family Court Division, Washoe County; Frances Doherty, Judge.

Our review of thefl documents submitted to this court pursuant to NRAP 3(g) reveals jurisdictional defects. Specifically, the notice of appeal appears to be untimely filed under NRAP 4(a) because it appears that it was prematurely filed in relation to the motion seeking to find appellant in contempt, before the entry of a final written judgment, and is therefore of no effect. See NRAP 4(a)(1); Rust v. Clark Cty. School District, 103 Nev. 686, 747 P.2d 1380 (1987).

In addition, 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. u. Hilton Hotels, 100 Nev. 207, 678 P.2d 1152 (1984). No statute or court rule provides for SUPREME COURT OF NEVADA

(0) 1947A e an appeal from an order denying a motion to find a party to be a vexatious litigant. Moreover, appellant is not aggrieved by the order. See NRAP 3A(a); Valley Bank of Nevada v. Ginsburg, 110 Nev. 440, 874 P.2d 729 (1994). Accordingly, we conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED.'

aguir C.J. arr'

at J.

Hardesty

J.

Pickering

cc: Hon. Frances Doherty, District Judge, Family Court Division Loren K. Brazell Silverman, Decaria & Kattelman, Chtd.

Washoe District Court Clerk

'We deny as moot respondent's motion to dismiss.

SUPREME COURT OF NEVADA

(0) 1947A ea

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