Nevada Supreme Court, 2018

Carver, Jr. v. Carver

Carver, Jr. v. Carver
Nevada Supreme Court · Decided August 30, 2018

Carver, Jr. v. Carver

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DANIEL DAIRE CARVER, JR., No. 75167 Appellant, VS. SHERRY SUSAN CARVER, FLED Respondent. AUG :1 0 2018 ELIZAE[IMI A. BROWN CLERK OF SUPREME COURT - DEPMr UTY CLE ORDER DISMISSING APPEAL This is an appeal from a district court order granting an alimony award. Eighth Judicial District Court, Family Court Division, Clark County; Lisa M. Brown, Judge.

When our initial review of the docketing statement and documents before this court revealed a potential jurisdictional defect, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Specifically, it appeared that the challenged order was not appealable as a final judgment because it did not resolve the complaint or counterclaim for divorce or divide the parties' properties and debts. See NRS 125.150; Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment).

To date, appellant has failed to respond to our order. Further, the district court docket entries indicate that the complaint and counterclaim for divorce remain pending in the district court. It thus appears that the district court has not yet entered a final judgment appealable under NRAP 3A(b)(1). And no other statute or court rule appears to authorize an appeal from an order awarding alimony. See Brown v. MHC Stagecoach, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) ("[Wle may SUPREME COURT OF NEVADA

(0) 1947A /3-3405-1 only consider appeals authorized by statute or court rule"). Accordingly, we conclude that we lack jurisdiction and we ORDER this appeal DISMISSED.'

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cc: Hon Lisa M. Brown, District Judge, Family Court Division Robert E. Gaston, Settlement Judge Nevada Family Law Group Willick Law Group Transcript Video Services Eighth District Court Clerk

'Given this dismissal, we take no action on the notice of non-payment for transcripts filed May 21, 2018.

SUPREME COURT OF NEVADA

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