Hammer v. Rasmussen (Child Custody)
Hammer v. Rasmussen (Child Custody)
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
JULIE L. HAMMER; GONZALO No. 73999 GALINDO, A/K/A GONZALO I.
GALINDO-MILAN, HUSBAND AND WIFE, Appellants, vs. MARY JOHANNA RASMUSSEN, Respondent.
ORDER DISMISSING APPEAL This is a pro se appeal from the "Clarified Final Order Resolving Parent Child Issues" and from several prior interlocutory orders. Eighth Judicial District Court, Family Court Division, Clark County; Frank P. Sullivan, Judge; Eighth Judicial District Court, Family Court Division, Clark County; Charles J. Hoskin, Judge; Eighth Judicial District Court, Clark County; Gayle Nathan, Judge; Eighth Judicial District Court, Family Court Division, Clark County; Lisa M. Brown, Judge.
Our review of the 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 was filed more than thirty days after service of written notice of entry of the orders. See NRAP 4(a)(1); NRAP 26(c). The district court entered the "Clarified Final Order Resolving Parent Child Issues" on November 22, 2013; written notice of entry was also filed on November 22, 2013. Appellants filed the notice of appeal on September 10, 2017, and an amended notice of appeal on September 12, 2017, nearly four years after entry of the order appealed from. The new notice of entry, prepared by appellants and filed and served SUPREME COURT on respondent on August 25, 2017, does not cure the untimeliness. The OF NEVADA
(0) I947n cue same issue exists for the previous interlocutory orders identified in the notice of appeal.
With respect to the order regarding the child's school, filed August 11, 2017, with written notice of entry filed and served on August 12, 2017, the order 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 statute or court rule provides for an appeal from an order designating the child's school. We lack jurisdiction over this appeal, and we ORDER this appeal , DISMISSED.'
Douglas
J.
GibbAs Pickering
cc: Hon. Gayle Nathan, District Judge Hon. Frank P. Sullivan, District Judge, Family Court Division Hon. Charles J. Hoskin, District Judge, Family Court Division Hon. Lisa M. Brown, District Judge, Family Court Division Gonzalo Galindo Julie L. Hammer Black & LoBello Eighth District Court Clerk
1 We deny as moot respondent's emergency motion to dismiss this appeal, and we deny respondent's request for sanctions.
SUPREME COURT OF NEVADA
(0) 1947A e 2
Case-law data current through December 31, 2025. Source: CourtListener bulk data.