IN THE SUPREME COURT OF THE STATE OF NEVADA

WILBERT ROY HOLMES, No. 84065 Appellant, vs. ERNEST MILLER; AND CAPUCINE YOLANDA HOLMES, FILED Res ondents. JAN 2 8 2022 ELIZABETH A. BROWN CLERKO 5UPREME COURT BY

ORDER DISMISSING APPEAL

This is a pro se appeal from an order granting a motion for attorney fees and costs. Eighth Judicial District Court, Clark County; Michael Villani, Judge. Review of the docketing statement and documents before this court reveals a jurisdictional defect: the challenged order is not substantively appealable. Although appellant indicates that the appeal is from a postjudgment order, in fact, no final judgment has yet been entered. See NRAP 3A(b)(8). Claims against defendant and respondent Ernest Miller remain pending in the district court. Although the district court docket entries indicate that appellant has filed defaults and motions for default judgment against Miller, no default judgment has been entered. A default, unlike a default judgment, does not fully resolve any claims. See generally Estate of Lomastro v. American Family Ins. Grp., 124 Nev. 1060, 1068, 195 P.3d 339, 345 (2008) (recognizing the distinction between a default and a default judgment). In the absence of a final judgment, there can be no SUPREME COURT special order after final judgment. NRAP 3A(b)(8); see Lee v. GNLV Corp., OF NEVADA

OD) 1947A ate. G2 0:2 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). Accordingly, this court lacks jurisdiction, and therefore ORDERS this appeal DISMISSED.

/ J. Hardesty

.414G4-0 J. Stighch

Wrin Herndon

cc: Hon. Michael Villani, District Judge Wilbert Roy Holmes Ernest Miller Heaton Fontano, Ltd. Eighth District Court Clerk

SUPREME COURT OF NEVADA

(01 I 947A at45,1z 2