Opinion
No. 79020
07-29-2019
IN THE MATTER OF THE DICICCO FAMILY TRUST. ALAN R. DICICCO, Appellant, v. VICTORIA RICH, Respondent.
ORDER DISMISSING APPEAL
This is an appeal from a district court's minute order in a matter involving a family trust. Eighth Judicial District Court, Clark County; Gloria Sturman, Judge.
Review of the documents before this court reveals a jurisdictional defect. The district court's minute order is ineffective and cannot be appealed, and it does not appear that the district court has entered a written order regarding its decision made on May 31, 2019. See Rust v. Clark Cty. Sch. Dist., 103 Nev. 686, 689, 747 P.2d 1380, 1382 (1987) (explaining that a district court's oral pronouncement from the bench, the clerk's minute order, and even an unfiled written order cannot be appealed); Div. of Child & Family Servs. v. Eighth Judicial Dist. Court, 120 Nev. 445, 451, 92 P.3d 1239, 1243 (2004) (holding that "dispositional court orders that are not administrative in nature, but deal with the procedural posture or merits of the underlying controversy, must be written, signed, and filed before they become effective"). Thus, the notice of appeal was prematurely filed and this court lacks jurisdiction. See NRAP 4(a)(6) (providing that "[a] premature notice of appeal does not divest the district court of jurisdiction" and that this "court may dismiss as premature a notice of appeal filed after the oral pronouncement of a decision or order but before entry of the written judgment or order"). Accordingly, this court
This court vacates its order entered July 24, 2019.
/s/_________, J.
Pickering /s/_________, J.
Parraguirre /s/_________, J.
Cadish cc: Hon. Gloria Sturman, District Judge
Alan R. Dicicco
Rushforth Lee & Kiefer LLP
Eighth District Court Clerk