Johnson v. State

Nevada Supreme Court

Johnson v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

FRANCIS JAMES JOHNSON, No. 75041 Appellant, vs. THE STATE OF NEVADA, Respondent. FILE*

ORDER DISMISSING APPEAL This is an appeal from a post-judgment order granting motion for order determining appellant to be a vexatious litigant. Eighth Judicial District Court, Clark County; James Crockett, Judge. Our preliminary review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, it appears that the order designated in the notice of appeal is not substantively appealable. See NRAP 3A(b); Peck v. Grouser, 129 Nev. 120, 124, 295 P.3d 586, 588 (2013) (holding that post-judgment vexatious litigant determinations are not independently appealable); Yu v. Yu, 133 Nev., Adv. Op. 90, 405 P.3d 639 (2017) (concluding that a post-judgment vexatious litigant determination may only be considered in an appeal from an otherwise appealable order). 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 authorizes an appeal from a post-judgment order determining

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1111111171711 appellant to be a vexatious litigant. Accordingly, we conclude that we lack jurisdiction, and we, ORDER this appeal DISMISSED.

AlAtaa Parfaguirre Stiglich

cc: Hon. James Crockett, District Judge Francis James Johnson Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk

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Reference

Status
Unpublished