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Holmes v. Holmes

Supreme Court of Nevada
Aug 12, 2021
No. 83321 (Nev. Aug. 12, 2021)

Opinion

83321

08-12-2021

WILBERT ROY HOLMES, Appellant, v. CAPUCINE YOLANDA HOLMES, Respondent.


UNPUBLISHED OPINION

ORDER DISMISSING APPEAL

This is a pro se appeal from the district court's minute order resolving various motions. Eighth Judicial District Court, Family Court Division, Clark County; Heidi Almase, Judge.

Initial review of the notice of appeal and documents before this court reveals a jurisdictional defect. The district court's minute order is not effective and cannot be appealed. See State, Diu. of Child & Family Servs. v. Eighth Judicial Dist. Court, 120 Nev. 445, 454, 92 P.3d 1239, 1245 (2004) ("[Dispositional court orders that are not administrative in nature, but deal with the procedural posture or merits of the underlying controversy, must be written, signed, and filed before they become effective."); Rust v. Clark Cty. Sch. Dist., 103 Nev. 686, 689, 747 P.2d 1380, 1382 (1987) (stating that the district court's minute order is ineffective and cannot be appealed). To the extent, if any that appellant appeals from the August 10, 2021, order granting motion for sanctions, that order likewise cannot be appealed. The order merely directs respondent's attorney to file a memorandum of fees and costs and indicates that the court will thereafter enter an order awarding the fees and costs as a sanction. Because the order does not actually provide for an award of fees and costs, this appeal is premature as to that order. See NRAP 3A(b)(8). Accordingly, it appears that this court lacks jurisdiction, and this court.

ORDERS this appeal DISMISSED.

Parraguirre J., Stiglich J., Silver J.

Hon. Heidi Almase, District Judge


Summaries of

Holmes v. Holmes

Supreme Court of Nevada
Aug 12, 2021
No. 83321 (Nev. Aug. 12, 2021)
Case details for

Holmes v. Holmes

Case Details

Full title:WILBERT ROY HOLMES, Appellant, v. CAPUCINE YOLANDA HOLMES, Respondent.

Court:Supreme Court of Nevada

Date published: Aug 12, 2021

Citations

No. 83321 (Nev. Aug. 12, 2021)