Nevada Supreme Court, 2022

Dupaix-Larson v. Maestes

Dupaix-Larson v. Maestes
Nevada Supreme Court · Decided July 1, 2022

Dupaix-Larson v. Maestes

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SANDY DUPAIX-LARSON, ON No. 83560 BEHALF OF JEREMIAH WIGGINTON, Appellant, vs. RAYMOND MAESTES; AND LINDA FILE CHRISTINE MAESTES, JUL 01 2022 Res eondents.

ELJZABETH A. BROWN CLERKcg Su REME COURT BY '

ORDER DISMISSING APPEAL This is a pro se appeal from a district court order denying appellant's motion to dismiss and to extinguish temporary restraining order. Seventh Judicial District Court, White Pine County; Gary Fairman, Judge.

This court's review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, it appears that the order 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 Corp., 100 Nev. 207, 209, 678 P.2d 1152, 1153 (1984). Appellant states in her docketing statement that the district court's order is appealable under NRAP 3A(b)(3) as an order refusing to dissolve an injunction because it denied a request to extinguish a temporary restraining order. However, upon a review of the documents submitted to this court, it appears that appellant only sought extinguishment of the temporary restraining order as a consequence of the dismissal of respondents' complaint. No statute or court rule provides for SUPREME COURT OF NEVADA (0) M7A 07-;-04.23(91 an appeal from an order denying a motion to dismiss. Accordingly, this court lacks jurisdiction and we ORDER this appeal DISMISSED.

J.

Silver

Cadish

J.

Pickering

cc: Hon. Gary Fairman, District Judge Laurie A. Yott, Settlement Judge Sandy Dupaix-Larson Goicoechea, Di Grazia, Coyle & Stanton, Ltd. White Pine County Clerk

SUPREME COURT OF NEVADA ( 0) I947A '4,0'6- •

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA SANDY DUPAIX-LARSON, ON No. 83560 BEHALF OF JEREMIAH WIGGINTON, Appellant, vs. RAYMOND MAESTES; AND LINDA FILE CHRISTINE MAESTES, JUL 01 2022 Res eondents. ELJZABETH A. BROWN CLERKcg Su REME COURT BY ' ORDER DISMISSING APPEAL This is a pro se appeal from a district court order denying appellant's motion to dismiss and to extinguish temporary restraining order. Seventh Judicial District Court, White Pine County; Gary Fairman, Judge. This court's review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, it appears that the order 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 Corp., 100 Nev. 207, 209, 678 P.2d 1152, 1153 (1984). Appellant states in her docketing statement that the district court's order is appealable under NRAP 3A(b)(3) as an order refusing to dissolve an injunction because it denied a request to extinguish a temporary restraining order. However, upon a review of the documents submitted to this court, it appears that appellant only sought extinguishment of the temporary restraining order as a consequence of the dismissal of respondents' complaint. No statute or court rule provides for SUPREME COURT OF NEVADA (0) M7A 07-;-04.23(91 an appeal from an order denying a motion to dismiss. Accordingly, this court lacks jurisdiction and we ORDER this appeal DISMISSED. J. Silver Cadish J. Pickering cc: Hon. Gary Fairman, District Judge Laurie A. Yott, Settlement Judge Sandy Dupaix-Larson Goicoechea, Di Grazia, Coyle & Stanton, Ltd. White Pine County Clerk SUPREME COURT OF NEVADA 2 ( 0) I947A '4,0'6- •

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA SANDY DUPAIX-LARSON, ON No. 83560 BEHALF OF JEREMIAH WIGGINTON, Appellant, ‘s FILED RAYMOND MAESTES; AND LINDA CHRISTINE MAESTES, . JUL 04 2022 Respondents. ELIZABETH A. BROWN CLERK < SUPREME COURT BY DEPUTY CLERK ORDER DISMISSING APPEAL This is a pro se appeal from a district court order denying appellant’s motion to dismiss and to extinguish temporary restraining order. Seventh Judicial District Court, White Pine County; Gary Fairman, Judge. This court’s review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, it appears that the order 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 Corp., 100 Nev. 207, 209, 678 P.2d 1152, 1153 (1984). Appellant states in her docketing statement that the district court’s order is appealable under NRAP 3A(b)(3) as an order refusing to dissolve an injunction because it denied a request to extinguish a temporary restraining order. However, upon a review of the documents submitted to this court, it appears that appellant only sought extinguishment of the temporary restraining order as a consequence of the dismissal of respondents’ complaint. No statute or court rule provides for SupREME Court OF Nevapa (O) TUS7A aes aoa - 208 { an appeal from an order denying a motion to dismiss. Accordingly, this court lacks jurisdiction and we ORDER this appeal DISMISSED. 4 jhnthd 4 Silver Cadish Prebor tiny oz. Pickering cc: Hon. Gary Fairman, District Judge Laurie A. Yott, Settlement Judge Sandy Dupaix-Larson Goicoechea, Di Grazia, Coyle & Stanton, Ltd. White Pine County Clerk Supreme Court OF NEVADA 2 (Oy [S47 oc

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