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Galindo-Milan v. Rasmussen

SUPREME COURT OF THE STATE OF NEVADA
Dec 20, 2018
No. 77552 (Nev. Dec. 20, 2018)

Opinion

No. 77552

12-20-2018

GONZALO I. GALINDO-MILAN, F/K/A, GONZALO I. GALINDO, Appellant, v. MARY JOHANNA RASMUSSEN, Respondent.


ORDER DISMISSING APPEAL

This is a pro se appeal from a minute order vacating an objection hearing. Eighth Judicial District Court, Clark County; Mathew Harter, Judge.

Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals certain jurisdictional defects. Specifically, the notice of appeal is untimely filed under NRAP 4(a) because it was prematurely filed, before the entry of a final written judgment, and is therefore of no effect. See NRAP 4(a)(1); Rust v. Clark Cty. School District, 103 Nev. 686, 747 P.2d 1380 (1987) (explaining that the district court's oral pronouncement from the bench, the clerk's minute order, and even an unfiled written order cannot be appealed).

In addition, 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 vacating a hearing.

We conclude, therefore, that we lack jurisdiction, and we

ORDER this appeal DISMISSED.

We deny as moot appellant's request to consolidate this appeal with other pending appeals.

/s/_________, J.

Pickering

/s/_________, J.

Gibbons

/s/_________, J.

Hardesty cc: Hon. Mathew Harter, District Judge

Gonzalo I. Galindo-Milan

Black & LoBello

Eighth District Court Clerk


Summaries of

Galindo-Milan v. Rasmussen

SUPREME COURT OF THE STATE OF NEVADA
Dec 20, 2018
No. 77552 (Nev. Dec. 20, 2018)
Case details for

Galindo-Milan v. Rasmussen

Case Details

Full title:GONZALO I. GALINDO-MILAN, F/K/A, GONZALO I. GALINDO, Appellant, v. MARY…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Dec 20, 2018

Citations

No. 77552 (Nev. Dec. 20, 2018)