Nevada Supreme Court, 2020

Abts Vs. Arnold-Abts

Abts Vs. Arnold-Abts
Nevada Supreme Court · Decided July 16, 2020

Abts Vs. Arnold-Abts

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRANDI ABTS, AN INDIVIDUAL, No. 81296 Appellant, vs. CYNTHIA ARNOLD-ABTS, Res ondent.

BRANDI ABTS, AN INDIVIDUAL, No. 81297 Appellant, vs. FILED CYNTHIA ARNOLD-ABTS, Res • ondent. JUL 1 6 2020 ELIZABETH A. BRowli CLE l (1. -PROM couRT BY • c 1T1J _Ptr LEW ORDER DISMISSING APPEALS These are pro se appeals from a district court order granting a motion to set aside a default judgment and a district court order dismissing certain claims and allowing appellant to amend her complaint. Eighth Judicial District Court, Clark County; Ronald J. Israel, Judge.

Review of the notices of appeal and documents before this court reveals jurisdictional defects. The order granting a motion to set aside a default judgrnent is not an independently appealable order. See Estate of Adams v. Fallini, 132 Nev. 814, 818, 386 P.3d 621, 624 (2016). Further, an order dismissing some, but not all, claims and allowing appellant to amend her complaint is not appealable as a final judgment. See NRAP 3A(b)(1); Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment); Bergenfield v. BAC Home Loan Servicing, 131 Nev.. 683, 354 P.3d 1282 (2015) (an order dismissing a complaint with leave to amend is not a final judgment). And no other statute or court rule appears to allow an appeal from such an order. See Brown v. MHC Stagecoach, LLC, 129 SUPREME COURT OF NEVADA 1947A 4814.

N.N&:1‘-• oz.?, • ..:i.«...:rirraikif:i-,..7:ib!s_ara.tc .zr.i Nev. 343, 345, 301 P.3d 850, 851 (2013) (this court "may only consider appeals authorized by statute or court rule). Accordingly, this court lacks jurisdiction over these appeals and orders them dismissed. However, the orders challenged in these appeals are subject to review in the context of appellant's appeal from the final judgment, on appeal in Docket No. 81298.

It is so ORDERED.'

A:Lt°111V°amm71 Parraguirre

J.

Hardesty Cadish

cc: Hon. Ronald J. Israel, District Judge Brandi Abts Patricia A. Marr, Ltd. Eighth District Court Clerk

'This court takes no action on the pro se transcript request forms filed on June 24, 2020.

SUPREME COURT OF NEI/ADA

(0) I947A Map 2 kLA • ;r:4;

Case-law data current through December 31, 2025. Source: CourtListener bulk data.