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Landan v. Landan

SUPREME COURT OF THE STATE OF NEVADA
Sep 13, 2018
No. 76089 (Nev. Sep. 13, 2018)

Opinion

No. 76089

09-13-2018

CHARLES DAVID LANDAN, Appellant, v. MARIA JARAMILLO LANDAN, Respondent.


ORDER DISMISSING APPEAL

This is an appeal from a post-divorce-decree decision and order. Eighth Judicial District Court, Clark County; Mathew Harter, Judge.

Our initial review of the notice of appeal and documents before this court reveals a jurisdictional defect. Appellant purports to challenge a decision and order entered on May 23, 2018. However, the district court docket sheet indicates that the only order dated May 23, 2018, is a minute order that does not bear the file-stamp of the district court clerk and is not signed by the district court. Such a document is ineffective and cannot be appealed. See Div. of Child and Family Servs. v. Eighth Judicial Dist. Court, 120 Nev. 445, 454, 92 P.3d 1239, 1245 (2004) ("[D]ispositional 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."); Rust v. Clark Cty. Sch. Dist., 103 Nev. 686, 689, 747 P.2d 1380, 1382 (1987) ("The district court's oral pronouncement from the bench, the clerk's minute order, and even an unfiled written order are ineffective for any purpose and cannot be appealed."). We thus conclude that we lack jurisdiction over this appeal and we

It does not appear that any other orders have been entered by the district court in 2018.

ORDER this appeal DISMISSED.

Given this dismissal, respondent's. July 13, 2018, and August 6, 2018, requests for pro bono counsel are denied.

/s/_________, C.J.

Douglas /s/_________, J.
Cherry /s/_________, J.
Parraguirre cc: Hon. Mathew Harter, District Judge

Charles David Landan

Maria Jaramillo Landan

Eighth District Court Clerk


Summaries of

Landan v. Landan

SUPREME COURT OF THE STATE OF NEVADA
Sep 13, 2018
No. 76089 (Nev. Sep. 13, 2018)
Case details for

Landan v. Landan

Case Details

Full title:CHARLES DAVID LANDAN, Appellant, v. MARIA JARAMILLO LANDAN, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Sep 13, 2018

Citations

No. 76089 (Nev. Sep. 13, 2018)