Turner v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA JOHN ELVIN TURNER, No. 76944

Appellant, vs.

THE STATE OF NEVADA; AND C . C.D. C.,

Respondents.

JOHN ELVIN TURNER, No. 77799

vs. Appellant, THE STATE OF NEVADA; AND

FILED C. C.D. C. , MAR 2 2 2019

Respondents. ciczAB:Til A. BROWN

CLERK OF SUPiREME COURT BY Tt:*t, Mtli'—

ORDER DISMISSING APPEAL AND REGARDING

OCTOBER 15, 2018, NOTICE OF APPEAL Docket No. 77799 is an appeal from a district court order statistically closing a case. Eighth Judicial District Court, Clark County; Kerry Louise Earley, Judge. Review of the notice of appeal and documents before this court in that docket reveals a jurisdictional defect. A form order statistically closing a case is not substantively appealable. Brown v. MHC Stagecoach, 129 Nev. 343, 301 P.3d 850 (2013). Accordingly, this court lacks jurisdiction over the appeal in Docket No. 77799 and orders that appeal dismissed.

Docket No. 76944 is an appeal from a minute order dismissing appellant's complaint, made in the same district court case at issue in Docket No. 77799. On October 1, 2018, this court dismissed the appeal in Docket No. 76944 because a minute order is not appealable. Two days later, the district court entered its written Findings of Fact, Conclusions of Law

SUPREME COURT

OF NEVADA

RIF I947A

1 9- 12.910 and Order. On October 15, 2018, appellant timely filed, in the district court, a notice of appeal from the written order. That notice of appeal was filed in Docket No. 76944 as an amended notice of appeal. No action was taken on the amended notice of appeal and the remittitur issued on October 29, 2018. Under these circumstances, this court concludes that the October 15, 2018, notice of appeal was erroneously filed in Docket No. 76944. The clerk of this court shall strike the October 15, 2018, notice of appeal from Docket No. 76944 and docket it as a new appeal.

It is so ORDERED.

Pickering eami

, J. Cadish cc: Hon. Kerry Louise Earley, District Judge

John Elvin Turner Attorney General/Las Vegas Eighth District Court Clerk

SUPREME COURT

OF NEVADA

(0) I947A