Wittler v. Wittler (In re Guardianship of the Pers. & Estate of Wittler)
Wittler v. Wittler (In re Guardianship of the Pers. & Estate of Wittler)
Opinion of the Court
Appellant appeals from a district court order extending a temporary guardianship and denying a motion to dismiss. We conclude that such an order is not independently appealable and thus dismiss the appeal for lack of jurisdiction.
FACTS AND PROCEDURAL HISTORY
On May 4, 2018, respondent Eric Wittier filed a verified petition for the appointment of a temporary and permanent guardian of the person and estate of his mother, appellant Carmen Gomez Wittier. Five days after the petition was filed, the district court entered an order appointing a temporary guardian, issuing letters of temporary guardianship, and setting a hearing regarding an extension of the temporary guardianship. On May 30, 2018, the district court entered an order extending the temporary guardianship and setting a hearing. The district court conducted the hearing and, on August 22, 2018, entered an order extending the temporary guardianship and denying a motion to dismiss the action for lack of jurisdiction. The order set a new hearing date of September 11, 2018, to determine permanent guardianship. Carmen appeals from the August 22, 2018, order.
This court's initial review of the docketing statement and other documents before us revealed a potential defect-it appeared the challenged order was not substantively appealable because it was merely temporary and did not finally decide the guardianship question. See Brown v. MHC Stagecoach, LLC ,
DISCUSSION
Carmen first contends that the order is appealable as a final judgment under NEAP 3A(b)(1) because temporary guardianship proceedings are distinct from plenary guardianships.
Next, Carmen asserts that the order is appealable as the functional equivalent of a preliminary injunction. See NEAP 3A(b)(3) (allowing an appeal from an order granting or refusing to grant an injunction). While there may be some similarities between a preliminary injunction and a temporary guardianship order, this court has consistently concluded that temporary orders subject to periodic review are not appealable. See, e.g., Sicor, Inc. v. Sacks ,
Carmen asserts that temporary guardianship orders are not subject to periodic review and modification because they contain an automatic sunset date. The order challenged in this appeal does not contain an automatic sunset date. Moreover, as described above, temporary guardianship orders are of short duration and may be extended only upon review by the district court. Like temporary custody orders, temporary guardianship orders are unsuitable for appellate review. See In re Five Minors ,
Carmen next contends that the temporary guardianship order is appealable under NRS 159.375(1). NRS 159.375(1) allows appeals from orders granting or revoking letters of guardianship. The order challenged in this appeal, however, does not grant or revoke letters of guardianship.
To the extent Carmen asserts that we should consider this appeal because it presents important issues implicating public policy, we are unable to do so. See Brown v. MHC Stagecoach, LLC,
Accordingly, as Carmen fails to demonstrate that this court has jurisdiction, see Moran v. Bonneville Square Assocs.,
This contention seems to rely on the implied assertion that the challenged order finally resolves the petition for temporary guardianship.
NRS 159.375(1) does not expressly authorize appeals from letters of temporary guardianship, and in any case, no appeal was taken from the May 9, 2018, order issuing letters of temporary guardianship in this case.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.