Nevada Supreme Court, 2019

Moraga Vs. Garcia

Moraga Vs. Garcia
Nevada Supreme Court · Decided October 15, 2019
449 P.3d 1271 (Pacific Reporter, Third Series)

Moraga Vs. Garcia

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ROY DANIELS MORAGA, No. 79732 Appellant, vs. FILED C/O GARCIA; C/O MS. FRAZIER; AND S C/O HIULEY, OCT 1 5 219 Res s ondents. ELIZABETH A. BROVVN CLERK OF SUPREME COURT BY 5•Y ORDER DISMISSING APPEAL " DEPtAtER This is a pro se appeal from an order denying appellant's motion to strike respondents answer and motion for an appointment of counsel.

Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Judge.

Review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the order designated in the notice of appeal 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 either an order denying a motion to strike an answer or from an order denying a motion for the appointment of counsel. This court lacks jurisdiction, and ORDERS this appeal DISMISSED.

• J.

Cadish

-,42.59-3 cc: Hon. Steve L. Dobrescu, District Judge Roy Daniels Moraga Attorney General/Carson City White Pine County Clerk

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