Opinion
No. 63443
07-30-2013
JUDITH SCRASE, Appellant, v. PEP BOYS, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING APPEAL
This is a proper person appeal from a district court order declaring appellant to be a vexatious litigant. Eighth Judicial District Court, Clark County; Michael Villani, Judge.
Respondent has filed a motion to dismiss this appeal as untimely. Appellant has opposed the motion. Having considered the motion, the opposition, and the documents before this court, we conclude that dismissal is appropriate. Initially, it does not appear that appellant's notice of appeal was timely as to the vexatious litigant order entered against her. See NRAP 4(a)(1). But even if it had been timely, the vexatious litigant order was not substantively appealable. See NRAP 3A(b) (identifying appealable judgments and orders); Peck v. Crouser, 129 Nev. _, _, 295 P.3d 586, 588 (2013) (concluding that this court lacks jurisdiction to consider an appeal from a vexatious litigant order). And to the extent that appellant is seeking to appeal any orders entered before the vexatious litigant order, her appeal also is untimely. See NRAP 4(a)(1).
In light of our conclusions herein, we do not reach respondent's argument that appellant was required to obtain permission from the district court to file an appeal in this case.
Accordingly, we
ORDER this appeal DISMISSED.
________________, J.
Gibbons
________________, J.
Douglas
________________, J.
Saitta
cc: Hon. Michael Villani, District Judge
Judith Scrase
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Eighth District Court Clerk