Opinion
No. 56482.
10-06-2011
Richard AFRAND, an Individual, Appellant, v. REO ASSET SERVICES, LLC, a Nevada Limited Liability Company d/b/a 1st Realty Group, Respondent.
Richard Afrand Gabroy Law Offices
Richard Afrand
Gabroy Law Offices
ORDER DISMISSING APPEAL
This is a proper person appeal from an interlocutory order adjudicating an attorney's lien. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.
Our review of the documents transmitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. This court has held that an attorney fees award is generally appealable as a special order after final judgment. NRAP 3A(b)(8) ; Winston Products Co. v. DeBoer, 122 Nev. 517, 525, 134 P.3d 726, 731 (2006). An interlocutory order awarding attorney fees, however, may be challenged in the context of an appeal from the final judgment. Consolidated Generator v. Cummins Engine, 114 Nev. 1304, 1312, 971 P.2d 1251, 1256 (1998). Similarly, an order adjudicating an attorney's lien is appealable only after final judgment, since an attorney's charging lien may only be properly adjudicated after final judgment, and a retaining lien may be adjudicated in the same case only with the client's consent. Argentena Consol. Mining Co. v. Jolley Urga, 125 Nev. 527, 216 P.3d 779 (2009).
Here, no final judgment has been entered, and the order is therefore not appealable. Accordingly, we
The Honorable Robert E. Rose and the Honorable Miriam Shearing, Senior Justices, participated in the decision of this matter under general orders of assignment.
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