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Campbell v. Offutt-Osborne

SUPREME COURT OF THE STATE OF NEVADA
Sep 4, 2019
No. 79435 (Nev. Sep. 4, 2019)

Opinion

No. 79435

09-04-2019

JOHNNIE C. CAMPBELL, Appellant, v. TRINA RENEE OFFUTT-OSBORNE, Respondent.


ORDER DISMISSING APPEAL

This is a pro se appeal from an order establishing child support and directing appellant to pay the support directly to the appointed therapist for reunification. Eighth Judicial District Court, Family Court Division, Clark County; Rebecca Burton, Judge.

Review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, it appears that the order designated in the notice of appeal 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, 100 Nev. 207, 678 P.2d 1152 (1984). No statute or court rule provides for an appeal from an order solely establishing child support. Moreover, the other directives in the order do not appear to be appealable: the designation of a specific therapist, that appellant shall file an updated financial disclosure form, that appellant shall apply for the child's derivative social security disability benefits, setting a status check, and setting a non-jury trial for September 12, 2019.

The order cannot be construed as a special order after final judgment because no final judgment has yet been entered. Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000) (a final judgment is one that resolves all claims and issues against all parties to an action and leaves nothing to the district court's consideration except postjudgment issues such as attorney fees and costs). Accordingly, this court lacks jurisdiction over this appeal, and therefore

ORDERS this appeal DISMISSED.

/s/_________, J.

Hardesty

/s/_________, J.

Stiglich

/s/_________, J.

Silver cc: Hon. Rebecca Burton, District Judge, Family Court Division

Johnnie C. Campbell

Hofland & Tomsheck

Eighth District Court Clerk


Summaries of

Campbell v. Offutt-Osborne

SUPREME COURT OF THE STATE OF NEVADA
Sep 4, 2019
No. 79435 (Nev. Sep. 4, 2019)
Case details for

Campbell v. Offutt-Osborne

Case Details

Full title:JOHNNIE C. CAMPBELL, Appellant, v. TRINA RENEE OFFUTT-OSBORNE, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Sep 4, 2019

Citations

No. 79435 (Nev. Sep. 4, 2019)