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472 P.3d 189

Crystal Vs. Defilippis

Nevada Supreme Court

Decided September 18, 2020

Nevada Supreme Court · decided 2020-09-18

Applies NV 7 § 7.085

Relies on Brown v. MHC Stagecoach, LLC · Gumm v. Mainor · Smith v. CROWN FINANCIAL SERV. OF AMERICA

Decided 2020-09-18

       IN THE SUPREME COURT OF THE STATE OF NEVADA


STEVEN B. CRYSTAL, INDIVIDUALLY                          No. 78980
AND AS TRUSTEE OF THE BARBARA
L. CRYSTAL DECEDENT TRUST;
AUTOMATED CASH SYSTEMS; AND
AUTOMATED CASHLESS SYSTEMS,
                                                           FILE
Appellants,
                                                           SEP 1 8 2020
vs.
                                                            EUZABETH A. BROWN
STEVE M. DEFILIPPIS; AND PICONE                         a..ERK OF SUPREME COURT
& DEFILIPPIS, A.P.L.C.,                                             CL
                                                                 CS"-AiRk
                                                             DEPUTY
Respondents.

                      ORDER DISMISSING APPEAL
            This is an appeal from a district court order denying a motion
for attorney fees pursuant to NRS 7.085. Second Judicial District Court,
Washoe County; Connie J. Steinheimer, Judge.
            Our review of the case reveals a jurisdictional defect, as no
statute or court rule authorizes an appeal from the district court's order.
See NRAP 3A(b); Brown v. MHC Stagecoach, LLC, 
129 Nev. 343, 345
, 
301 P.3d 850, 851
 (2013) (explaining that this court "may only consider appeals
authorized by statute or court rule"). Generally, a district court order
awarding attorney fees is appealable as "[a] special order entered after final
judgment." NRAP 3A(b)(8); see also Smith v. Crown Fin. Servs. of Ain., 
111 Nev. 277
, 280 n.2, 
890 P.2d 769
, 771 n.2 (1995). However, the district court
order at issue here does not affect the judgment rights or liabilities of the
parties to the underlying action; it denies a request to make respondents,
counsel for the defendants in the underlying action, jointly and severally
liable for an attorney fees award. See Gumm v. Mainor, 
118 Nev. 912, 920
,
59 P.3d 1220, 1225
 (2002) CA special order made after final judgment, to be
appealable under NRAP 3A(b)[(8)], must be an order affecting the rights of




                                                                       ,.10 -3qt-1S I
some party to the action, growing out of the judgment previously entered.").
Therefore, it does not qualify as a special order after final judgment
appealable under NRAP 3A(b)(8) and appellants claim no other basis for
our jurisdiction. Accordingly, this court lacks jurisdiction and we
            ORDER this appeal DISMISSED.


                                              o
                                            Parraguirre


                                                                        , J.
                                            Hardesty
                                                           .

                                                                        , J.
                                            Cadish




cc:   Hon. Connie J. Steinheimer, District Judge
      David Wasick, Settlement Judge
      Woodburn & Wedge
      Robison, Sharp, Sullivan & Brust
      Washoe District Court Clerk




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