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Johnson v. State

SUPREME COURT OF THE STATE OF NEVADA
Mar 5, 2018
No. 75041 (Nev. Mar. 5, 2018)

Opinion

No. 75041

03-05-2018

FRANCIS JAMES JOHNSON, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER DISMISSING APPEAL

This is an appeal from a post-judgment order granting motion for order determining appellant to be a vexatious litigant. Eighth Judicial District Court, Clark County; James Crockett, Judge.

Our preliminary review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, it appears that the order designated in the notice of appeal is not substantively appealable. See NRAP 3A(b); Peck v. Crouser, 129 Nev. 120, 124, 295 P.3d 586, 588 (2013) (holding that post-judgment vexatious litigant determinations are not independently appealable); Yu v. Yu, 133 Nev., Adv. Op. 90, 405 P.3d 639 (20.17) (concluding that a post-judgment vexatious litigant determination may. only be considered in an appeal from an otherwise appealable order). 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, 100 Nev. 207, 678 P.2d 1152 (1984). No statute or court rule authorizes an appeal from a post-judgment order determining appellant to be a vexatious litigant. Accordingly, we conclude that we lack jurisdiction, and we,

ORDER this appeal DISMISSED.

/s/_________, J.

Cherry /s/_________, J.
Parraguirre /s/_________, J.
Stiglich cc: Hon. James Crockett, District Judge

Francis James Johnson

Attorney General/Carson City

Attorney General/Las Vegas

Eighth District Court Clerk


Summaries of

Johnson v. State

SUPREME COURT OF THE STATE OF NEVADA
Mar 5, 2018
No. 75041 (Nev. Mar. 5, 2018)
Case details for

Johnson v. State

Case Details

Full title:FRANCIS JAMES JOHNSON, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Mar 5, 2018

Citations

No. 75041 (Nev. Mar. 5, 2018)