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Matz v. W. Progressive-Nev.

Supreme Court of Nevada
Jun 26, 2023
No. 86712 (Nev. Jun. 26, 2023)

Opinion

86712

06-26-2023

JUANITA MATZ, Appellant, v. WESTERN PROGRESSIVE-NEVADA; OCWEN LOAN SERVICING, LLC; WELLS FARGO BANK NATIONAL; AND BRECKENRIDGE PROPERTY FUND 2016, LLC, A DELAWARE LIMITED LIABILITY COMPANY, Respondents.


UNPUBLISHED OPINION

ORDER DISMISSING APPEAL

This is a pro se appeal from an order denying rehearing, denying a motion to admit new evidence, and a motion to dismiss counsel. Eighth Judicial District Court, Clark County; Jessica K. Peterson, Judge; Eighth Judicial District Court, Clark County; James Crockett, Judge.

Review of the documents transmitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the order appealed from is not substantively appealable. This court has jurisdiction to consider an appeal only when the appeal is authorized by statute or court rule. Taylor Conslr. Co. v. Hilton Hotels, 100 Nev. 207, 678 P.2d 1152 (1984); 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"). No statute or court rule permits an appeal from an order denying a motion to admit evidence or to dismiss counsel. Additionally, this court has held that an order denying rehearing is not independently appealable. Alvis v. State, Gaming Control Bd., 99 Nev. 184, 660 P.2d 980 (1983), disapproved of on other grounds by AA Primo Builders, LLC v. Washington, 126 Nev. 578, 245 P.3d 1190 (2010). Moreover, appellant filed her motion to rehear long after the 28-day time limit allowed under NRCP 59. An untimely motion for reconsideration does not toll the time to appeal from the underlying judgment. See NRAP 4(a)(6); AA Primo Builders, 126 Nev. 578, 245 P.3d 1190; Morrell v. Edwards, 98 Nev. 91, 93, 640 P.2d 1322, 1324 (1982). Accordingly, this court lacks jurisdiction and ORDERS this appeal DISMISSED.

CADISH, J., PICKERING, J., BELL, J.

HON. JAMES CROCKETT, SENIOR JUDGE

HON. JESSICA K. PETERSON, DISTRICT JUDGE


Summaries of

Matz v. W. Progressive-Nev.

Supreme Court of Nevada
Jun 26, 2023
No. 86712 (Nev. Jun. 26, 2023)
Case details for

Matz v. W. Progressive-Nev.

Case Details

Full title:JUANITA MATZ, Appellant, v. WESTERN PROGRESSIVE-NEVADA; OCWEN LOAN…

Court:Supreme Court of Nevada

Date published: Jun 26, 2023

Citations

No. 86712 (Nev. Jun. 26, 2023)