In Re: Parental Rights as to A.S.O. ( 2015 )


Menu:
  •                   previously terminated in court. The district court minutes also• indicate
    that the petition was orally granted as to Alexis 0. However, no written
    order expressly resolved the petition as to Alexis 0. Accordingly, we
    directed appellant to show cause why this appeal should not be dismissed
    as premature.       See NRAP 3A(b)(1) (allowing an appeal from a final
    judgment); Lee v. GNLV Corp.,      
    116 Nev. 424
    , 426, 
    996 P.2d 416
    , 417
    (2000); Rust v. Clark Cnty. Sch. Dist., 
    103 Nev. 686
    689, 
    747 P.2d 1380
    ,
    1382 (1987) (recognizing that an oral pronouncement from the bench is
    ineffective).
    In response, appellant argues that the order denying the
    petition as to Robert I. should be construed as also resolving the petition
    as to Alexis 0. Appellant offers no cogent argument in support of this
    contention. Instead, it asserts that the district court orally conditionally
    granted the termination petition as to Alexis 0., but that the condition
    was not fulfilled. Thus, appellant contends, the district court order did not
    terminate Alexis 0.'s parental rights.'
    The district court's written order notes, in the factual
    background section, that Alexis 0.'s parental rights were previously
    terminated in court. The order makes specific findings of fact and
    conclusions of law with respect to Robert I. and denies the petition as to
    him, but makes no findings, conclusions, or orders with respect to Alexis
    0. Under these circumstances, we conclude that the district court's order
    does not resolve the petition with respect to Alexis 0. Accordingly, as it
    does not appear that any other written order resolves the petition as to
    1 We note this is in direct conflict with the written order, which
    states that Alexis 0.'s parental rights were terminated.
    SUPREME COURT
    OF
    NEVADA
    (0) 1947A    ea
    2
    Alexis 0., this appeal is premature, and we order it dismissed. See NRAP
    4(a)(6). Appellant may file an appeal after a final judgment is entered.
    It is so ORDERED.
    cZsit,
    Saitta
    J.
    Gibboffs                                       Pickering
    cc: Chief Judge, The Eighth Judicial District Court
    Hon. Nancy A. Becker, Senior Judge
    Clark County District Attorney/Juvenile Division
    Valarie I. Fujii & Associates
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    (0) 1947A
    3
    111                                    rffigatUNIV
    

Document Info

Docket Number: 67608

Filed Date: 11/19/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021