Opinion
87453
01-10-2024
ELENO FLORES RAMOS. Appellant. v. TOCHUKWU OKOLI, Respondent.
UNPUBLISHED OPINION
ORDER DISMISSING APPEAL
This is an appeal from a judgment on jury verdict. Eighth Judicial District Court, Clark County; Danielle K. Chio, Judge; Eighth Judicial District Court, Clark County; Ara H. Shirinian, Short Trial Judge.
Respondent has filed a motion to dismiss this appeal for lack of jurisdiction arguing that the challenged judgment is not substantively appealable because it is not signed by the district court judge. Appellant has filed an untimely opposition to the motion conceding that the challenged judgment is not signed by the district court judge but arguing that ''Respondent is refusing to follow the proper procedure and send the Judgement for signature of District Court Judge." Respondent has filed a reply.
Final judgments in the short trial program must be signed by the district court judge before they are effective and appealable. See NSTR 3(d) (providing that a judge pro tempore "shall have all the powers and authority of a district court judge except with respect to the final judgment" and that a proposed judgment "is not effective until expressly approved by the district court as evidenced by the signature of the district court judge.” (emphasis added)); NSTR 33 (providing for an appeal from "the final judgment" in a short trial case). Here the final judgment on jury verdict is signed only by the short trial judge.
Appellant has failed to demonstrate this court's jurisdiction over the challenged judgment and does not point to any statute or court rule that provides for the instant appeal. See Moran u. Bonneville Square Assocs. 117 Nev. 525. 527. 25 P.3d 898, 899 (2001) (it is appellant's burden “to establish, to our satisfaction, that this court does in fact have jurisdiction'"); 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"). Accordingly, the motion to dismiss is granted and this court
For the first time in the docketing statement, appellant appears to identify an order denying motion for new trial signed only by the short trial judge. This court did not consider any proposed challenge to this order because it was not designated by appellant in the notice of appeal. See NRAP 3(c)(1)(B) ('The notice of appeal shall: designate the judgment, order or part thereof being appealed").
ORDERS this appeal DISMISSED.
Herndon J., Lee J., Bell J.
Hon. Danielle K. Chio, District Judge
Ara H. Shirinian, Short Trial Judge
Patrick N. Chapin, Settlement Judge