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479 P.3d 1004

Holmes Vs. Miller

Nevada Supreme Court

Decided February 10, 2021

Nevada Supreme Court · decided 2021-02-10

Relies on Brown v. MHC Stagecoach, LLC · Division of Child & Family Services v. Eighth Judicial District Court of the State of Nevada

Decided 2021-02-10

                            IN THE SUPREME COURT OF THE STATE OF NEVADA


                     WILBERT ROY HOLMES,                                      No. 82209
                                        Appellant,
                                   vs.
                     WILLIAM R. MILLER,
                                        Respondent.                                 FILED
                                                                                    FEB 1 0 2021
                                                                                 ELIZABETH A. BROWN
                                                                               CLERK OF SUPREME COURT
                                                                               BY   S
                                                                                    DEPU CL




                                           ORDER DISMISSING APPEAL

                                 This is a pro se appeal from a district court decision declining
                     to impose sanctions on appellant and admonishing him. Eighth Judicial
                     District Court, Clark County; Trevor L. Atkin, Judge.
                                 Review of the notice of appeal and documents submitted to this
                     court reveals a jurisdictional defect.           The district court's oral
                     pronouncement and minute order cannot be appealed. State, Div. of Child
                     and Family Serv's 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, rnust be written, signed, and filed before they become
                     effective"). It does not appear that the district court has entered any written
                     order memorializing its decision. Further, appellant is not aggrieved by an
                     order declining to impose sanctions on him and it does not appear that an
                     order admonishing appellant is substantively appealable. See NRAP 3A(a)
                     (allowing an appeal by an aggrieved party); Brown v. MHC Stagecoach,
                     LLC, 
129 Nev. 343, 345
, 
301 P.3d 850, 851
 (2013) (this court "may only
SUPREME COURT
     OF
   NEvADA

(0) 1947A 411501,5
                      consider appeals authorized by statute or court rule"). Accordingly, this
                      court concludes that it lacks jurisdiction and
                                  ORDERS this appeal DISMISSED.




                                                         °6-54tria-177.
                                              Parraguirre


                            .41,;-31bC"-g       , J.
                      Stiglich                                   Silver


                      cc:   Chief Judge, Eighth Judicial District Court
                            Eighth Judicial District Court, Department 8
                            Wilbert Roy Holmes
                            William R. Miller
                            Eighth District Court Clerk




SUPREME COURT
         OF
     NuvaDA


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