Holmes Vs. Holmes

Nevada Supreme Court

Holmes Vs. Holmes

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

WILBERT ROY HOLMES, No. 79976 Appellant, vs. CAPUCINE YOLANDA HOLMES, FILED Respondent. DEC 09 2019 ELIZABETH A. BROWN CLERK SUPREgE COURT BY DEPUTY cLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from an oral decision made on October 29, 2019. Eighth Judicial District Court, Family Court Division, Clark County; Rena G. Hughes, Judge. Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The district court's oral decision is not effective and cannot be appealed. See State, Div. of Child and Family Serv's v. Eighth Judicial Dist. Court, 120 Nev. 445, 454, 92 P.3d 1239, 1245 (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). To date, it does not appear that the district court has entered a written order memorializing its decision. Moreover, to the extent the district court's decision denies a motion for reconsideration, an order denying a motion for reconsideration is not substantively appealable. See Alvis v. State, Gaming Control Bd., 99 Nev. 184, 186, 660 P.2d 980, 981 (1983) (holding that an order denying rehearing is not appealable), disapproved of on other grounds by AA Primo

ig-qq?33 Builders, LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190. 1195 (2010). Accordingly, this court lacks jurisdiction and ORDERS this appeal DISMISSED.1

Pickering

Parraguirre Cadish

cc: Hon. Rena G. Hughes, District Judge, Family Court Division Wilbert Roy Holmes Heaton Fontano, Ltd. Eighth District Court Clerk

1 Given this order, the motion to dismiss this appeal is moot and this court takes no action on it. SUPREME COURT OF NEVADA

(0) I441A ateft, 2 1111111 1 412111111•1111

Reference

Status
Published