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Thomas v. Ward

SUPREME COURT OF THE STATE OF NEVADA
Mar 1, 2021
No. 82260 (Nev. Mar. 1, 2021)

Opinion

No. 82260

03-01-2021

DEBORAH CLAIR THOMAS, Appellant, v. TIMOTHY WARD, Respondent.


ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order regarding a motion for order to show cause and awarding attorney fees. Eighth Judicial District Court, Clark County; Rhonda Kay Forsberg, Judge.

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The challenged order regarding fees and costs does not appear to be substantively appealable. NRAP 3A(b)(8) permits an appeal from a special order after final judgment, which is an order that affects the rights of any party growing out of the final judgment. Gumm v. Mainor, 118 Nev. 912, 59 P.3d 1220 (2002). Here, the challenged order awards fees and costs related to appellant's filing of a motion for order to show cause, and does not affect the rights of the parties arising from the final judgment regarding custody. Thus, the order is not appealable as a special order after final judgment, and no other statute or court rule appears to authorize an appeal from this order. See Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (this court "may only consider appeals authorized by statute or court rule"). This court lacks jurisdiction and

ORDERS this appeal DISMISSED.

/s/_________, J.

Cadish /s/_________, J.
Pickering /s/_________, J.
Herndon cc: Hon. Rhonda Kay Forsberg, District Judge

Deborah Clair Thomas

Timothy Ward

Eighth District Court Clerk


Summaries of

Thomas v. Ward

SUPREME COURT OF THE STATE OF NEVADA
Mar 1, 2021
No. 82260 (Nev. Mar. 1, 2021)
Case details for

Thomas v. Ward

Case Details

Full title:DEBORAH CLAIR THOMAS, Appellant, v. TIMOTHY WARD, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Mar 1, 2021

Citations

No. 82260 (Nev. Mar. 1, 2021)