IN THE SUPREME COURT OF THE STATE OF NEVADA
LARRY ESTRADA, AN INDIVIDUAL, No. 81642
Appellant,
vs.
SHEILA A. WARNER,
Res • ondent.
FILED
MAR 0 8 2021
ORDER DISMISSING APPEAL
This is an appeal from a district court order granting
appellant's motion to set aside a default judgment but denying appellant's
motion to dismiss for lack of personal jurisdiction and motion for forum non
conveniens. Eighth Judicial District Court, Clark County; William D.
Kephart, Judge.
Previously, this court entered an order to show cause directing
appellant to demonstrate this court's jurisdiction and show cause why the
appeal should not be dismissed. An order granting a motion to set aside a
default judgment is not an independently appealable order, see Estate of
Adams v. Fallini,
, 624 (2016), and appellant
is not aggrieved by the decision. In addition, no appeal lies from an order
denying a motion to dismiss. See NRAP 3A(b) (designating orders and
judgments from which an appeal may be taken); see also First interstate
Bank v. H.C.T.. Inc., 108 Nev, 242, 250,
(1992).
Appellant has responded and argues that this court should find
the challenged order appealable as "[a]n order changing or refusing to
change the place of triar as permitted by NRAP 3A(b)(6). Appellant argues
that he was compelled to seek dismissal because a Nevada court is unable
to change the place of trial to a foreign country; thus the only way to get the
matter to the allegedly proper forum is to dismiss the action so that it can
be refiled in the Philippines. Appellant does not describe a motion to change
venue; appellant filed a motion to dismiss, which was denied. Accordingly,
this court lacks jurisdiction over the challenged order, and
ORDERS this appeal DISMISSED.
J.
Cadish
A , J. J.
Pickering Herndon
cc: Chief Judge, Eighth Judicial District Court
Eighth Judicial District Court, Department 19
Paul M. Haire, Settlement Judge
Gesund & Pailet, LLC
Claggett & Sykes Law Firm
Morris Law Center
Eighth District Court Clerk
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