Opinion
No. 62554
11-25-2013
IN THE MATTER OF THE PARENTAL RIGHTS AS TO: I.M.W.-Y., A MINOR. ROSEANNE J., Appellant, v. STATE OF NEVADA DEPARTMENT OF FAMILY SERVICES AND I.M.W.-Y., Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 terminating appellant's parental rights. Our review of the record on appeal reveals a jurisdictional defect in that the district court has not entered a final, written order resolving the underlying parental termination case. The State filed a petition to terminate the parental rights of Roseanne J. and Kennedy Y. as to their minor child. On October 31, 2012, the district court entered a written order terminating Roseanne J.'s parental rights. As for Kennedy Y., the district court minutes indicate that he relinquished his parental rights and the district court orally dismissed the petition as to him on December 4, 2012. The record on appeal does not, however, contain a written, file-stamped order resolving the petition as to Kennedy Y. Therefore, appellant's notice of appeal is premature. See NRAP 3A(b)(l) (allowing an appeal from a final judgment); Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (explaining that a final judgment resolves all of the issues in a case and leaves nothing for the court's future consideration); Rust v. Clark Cnty. Sch. Dist., 103 Nev. 686, 689, 747 P.2d 1380, 1382 (1987) (recognizing that an oral pronouncement from the bench is ineffective).
Accordingly, we dismiss this appeal for lack of jurisdiction. Once the district court enters a written, file-stamped order dismissing the termination petition as to Kennedy Y., appellant may file a timely notice of appeal and challenge the earlier interlocutory order terminating her parental rights. See Consol. Generator-Nev., Inc. v. Cummins Engine Co., 114 Nev. 1304, 1312, 971 P.2d 1251, 1256 (1998).
We further note that appellant failed to properly serve the notice of appeal on respondents and file a certificate of service in this court, as directed by our order of April 25, 2013. See NRAP 25(b), (d). Appellant's noncompliance constitutes an additional basis on which to dismiss this appeal.
___________________, J.
Hardesty
___________________, J.
Parraguirre
___________________, J.
Cherry
cc: Hon. Robert Teuton, District Judge, Family Court Division
Roseanne J.
Legal Aid Center of Southern Nevada
Clark County District Attorney/Juvenile Division
Eighth District Court Clerk