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Rita J.T. v. State, Dep't of Family Servs. (In re R.K.)

Supreme Court of Nevada.
Mar 8, 2012
381 P.3d 626 (Nev. 2012)

Opinion

No. 56284.

03-08-2012

In the Matter of R.K. and L.T., Minors. Rita J.T., Appellant, v. State of Nevada, Department of Family Services, Respondent.

George E. Graziadei, Chtd. Sean Claggett & Associates, Inc. Clark County District Attorney/Juvenile Division


George E. Graziadei, Chtd.

Sean Claggett & Associates, Inc.

Clark County District Attorney/Juvenile Division

ORDER DISMISSING APPEAL

This is an appeal from a juvenile court order arising in an NRS Chapter 432B proceeding. Respondent moved this court to dismiss this appeal for lack of jurisdiction; appellant opposed the motion. Thereafter, this court denied the motion to dismiss. The appellate record shows that the juvenile court awarded custody of the subject minor children to their fathers (nonparties to this appeal). Because a final order has not been entered by a district court establishing or altering child custody, this court lacks jurisdiction to consider this appeal. NRAP 3A(b)(7) (authorizing an appeal from an order “that did not arise in a juvenile court that finally establishes or alters the custody of minor children”); cf. Matter of Guardianship of N.S., 122 Nev. 305, 130 P.3d 657 (2006) (recognizing that a writ of mandamus is the appropriate remedy when challenging an order in an abuse and neglect proceeding). Once a written order finally resolving any child custody dispute amongst the parties is entered in district court, any party that is aggrieved from the order may appeal. NRAP 3A(b)(7) ; Valley Bank of Nevada v. Ginsburg, 110 Nev. 440, 446, 874 P.2d 729, 734 (1994). Accordingly, as we lack jurisdiction over this appeal, we order this appeal dismissed.

It is so ORDERED.


Summaries of

Rita J.T. v. State, Dep't of Family Servs. (In re R.K.)

Supreme Court of Nevada.
Mar 8, 2012
381 P.3d 626 (Nev. 2012)
Case details for

Rita J.T. v. State, Dep't of Family Servs. (In re R.K.)

Case Details

Full title:In the Matter of R.K. and L.T., Minors. Rita J.T., Appellant, v. State of…

Court:Supreme Court of Nevada.

Date published: Mar 8, 2012

Citations

381 P.3d 626 (Nev. 2012)