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481 P.3d 233

Thomas Vs. Ward (Child Custody)

Nevada Supreme Court

Decided March 1, 2021

Nevada Supreme Court · decided 2021-03-01

Relies on Brown v. MHC Stagecoach, LLC · Gumm v. Mainor

Decided 2021-03-01

                          IN THE SUPREME COURT OF THE STATE OF NEVADA


                   DEBORAH CLAIR THOMAS,                                         No. 82260
                                    Appellant,
                               vs.                                        JD     FILE


                   TIMOTHY WARD,
                                    Res ondent.
                                                                                  MAR 0 2021
                                                                                          A. BROWN
                                                                               CLERK OF
                                                                          DY
                                                                                          CLERK




                                         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
SUPREME COURT
     OF
   NEVADA

(0) (947A   arap                                                                           t, osci
"may only consider appeals authorized by statute or court rule"). This court
lacks jurisdiction and
            ORDERS this appeal DISMISSED.


                                      40,




                                                  , J.
                         Cadish


                           J.
Pickering                                   Herndon




cc:   Hon. Rhonda Kay Forsberg, District Judge
      Deborah Clair Thomas
      Timothy Ward
      Eighth District Court Clerk




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