Nevada Supreme Court, 2019

Benson v. State, Dep't of Family Servs.

Benson v. State, Dep't of Family Servs.
Nevada Supreme Court · Decided June 3, 2019
Benson v. State, Dep't of Family Servs.

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THOMAS ARVEL BENSON, No. 77159 Appellant, vs.

STATE OF NEVADA DEPARTMENT

OF FAMILY SERVICES,

Respondent. FILED JUN 0 3 2019 ELIZABETFI A. BROWN CLERKSF SUPREME COURT BY D>ieffra-A DEPUTY CLERK

ORDER DISMISSING APPEAL This is a pro se appeal from an oral decision of the district court entered in a juvenile protection proceeding. Eighth Judicial District Court, Family Court Division, Clark County; Bryce C. Duckworth, Judge.

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The district court's oral order is of no effect and cannot be appealed. See State, Div. Child & Earn. Services v. Eighth Ad. District Court, 120 Nev. 445,451-54, 92 P.3d 1239, 1243-45 (2004) ([D]ispositional court orders that are not administrative in nature, but deal with the procedural posture or merits of the underlying controversy, must be written, signed, and filed before they become effective."). Moreover, orders entered in the context of NRS Chapter 432B proceedings are not appealable. See, e.g., Clark Cty Dist. Attorney v. Eighth Judicial Dist. SUPREME COURT

OF

NEVADA (01 1947A ce lq - 2 31 38 Court, 123 Nev. 337, 342, 167 P.3d 922, 925 (2007). Accordingly, this court lacks jurisdiction and

ORDERS this appeal DISMISSED.

Hardesty elecu:bai-JO

Stiglich

J. 1/41;i4e,$) Silver cc: Hon. Bryce C. Duckworth, District Judge, Family Court Division Thomas Arvel Benson

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

01 1947A er.

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