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Abts v. Arnold-Abts

SUPREME COURT OF THE STATE OF NEVADA
Jul 16, 2020
No. 81296 (Nev. Jul. 16, 2020)

Opinion

No. 81296 No. 81297

07-16-2020

BRANDI ABTS, AN INDIVIDUAL, Appellant, v. CYNTHIA ARNOLD-ABTS, Respondent.


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 judgment 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. BAG 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 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 appellants appeal from the final judgment, on appeal in Docket No. 81298.

It is so ORDERED.

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

/s/_________, J.

Parraguirre /s/_________, J.
Hardesty /s/_________, J.
Cadish cc: Hon. Ronald J. Israel, District Judge

Brandi Abts

Patricia A. Marr, Ltd.

Eighth District Court Clerk


Summaries of

Abts v. Arnold-Abts

SUPREME COURT OF THE STATE OF NEVADA
Jul 16, 2020
No. 81296 (Nev. Jul. 16, 2020)
Case details for

Abts v. Arnold-Abts

Case Details

Full title:BRANDI ABTS, AN INDIVIDUAL, Appellant, v. CYNTHIA ARNOLD-ABTS, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Jul 16, 2020

Citations

No. 81296 (Nev. Jul. 16, 2020)