Opinion
No. 63853
11-08-2013
ALFRED D. ASTI, Appellant, v. JEAN ASTI, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 district court post-divorce decree orders holding appellant in contempt and awarding attorney fees. First Judicial District Court, Carson City; James E. Wilson, Judge.
On July 22, 2013, the district court held appellant in contempt for his continued refusal to make $300 monthly payments toward the amount owed to respondent under the 2005 divorce decree, imposed a 25-day suspended jail sentence, and awarded respondent $1,500 in attorney fees incurred for filing the motion. Appellant then filed in the district court a motion to drop the contempt charge and a motion to rule on the evidence. On August 7, 2013, the district court denied those motions as frivolous and ordered appellant to pay respondent $300 in attorney fees for having to oppose the motions. On appeal, appellant challenges the district court's orders.
Our review of the documents on file in this appeal reveals a jurisdictional defect. This court has jurisdiction to consider an appeal only when the appeal is authorized by statute or court rule. Taylor Constr. Co. v. Hilton Hotels Corp., 100 Nev. 207, 209, 678 P.2d 1152, 1153 (1984). An order holding a party in contempt and awarding attorney fees in connection with the contempt is not appealable. See Pengilly v. Rancho Santa Fe Homeowners Ass'n, 116 Nev. 646, 649, 5 P.3d 569, 571 (2000) (recognizing that a contempt order is not appealable). Additionally, the orders are not otherwise appealable as special orders after a final judgment. See NRAP 3A(b)(8); Gumm v. Mainor, 118 Nev. 912, 914, 59 P.3d 1220, 1221 (2002) (holding that a special order after final judgment must affect the rights of some party arising from the previous judgment). Having concluded that we lack jurisdiction, we
In light of this order, we deny as moot appellant's proper person motion for a stay and motion for reversal.
___________, J.
Gibbons
___________, J.
Douglas
___________, J.
Saitta
cc: Hon. James E. Wilson, District Judge
Alfred D. Asti
Jennifer S. Anderson
Carson City Clerk