Poulos v. Tichenor ( 2014 )


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  •                             Our review of this appeal reveals a jurisdictional defect. This
    court only has appellate jurisdiction when an appeal is authorized by
    statute or court rule. See NRAP 3A(b); Taylor Constr. Co. v. Hilton Hotels
    Corp., 
    100 Nev. 207
    , 209, 
    678 P.2d 1152
    , 1153 (1984). NRAP 3A(b)(8)
    allows an appeal to be taken from a special order entered after a final
    judgment. To be appealable as a special order after final judgment, the
    order must affect the rights of some party to the action growing out of the
    judgment.    Gunim u. Mainor, 
    118 Nev. 912
    , 920, 
    59 P.3d 1220
    , 1225
    (2002). Further, in the context of post-divorce proceedings, an order
    denying a motion to amend a divorce decree is appealable as a special
    order after final judgment, if "the motion is based upon changed factual or
    legal circumstances and the moving party is not attacking the original
    judgment." Burton v. Burton, 
    99 Nev. 698
    , 700, 
    669 P.2d 703
    , 705 (1983).
    Here, the district court's December 13, 2013, order merely
    enforced appellant's obligation for spousal support under the divorce
    decree and appellant's obligation for attorney fees awarded to respondent
    under a prior order. Appellant's challenge is simply an attack of the
    original divorce decree and prior attorney fees order. Therefore, we
    conclude that the district court's order is not appealable as a special order
    after final judgment under NRAP 3A(b)(8). Moreover, to the extent that
    the district court's order reducing amounts to judgment was entered in
    conjunction with respondent's request to hold appellant in contempt, the
    order is also not appealable on that basis.   See Pengilly u. Rancho Santa
    Fe Homeowners Ass'n,      
    116 Nev. 646
    , 649, 
    5 P.3d 569
    , 571 (2000)
    SUPREME COURT
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    (recognizing that a contempt order is not appealable). Accordingly, we
    lack jurisdiction over this appeal, and we
    ORDER this appeal DISMISSED.'
    , J.
    Parraguirre
    dthtri   — J.
    S aitta
    cc: Hon. Bill Henderson, District Judge, Family Court Division
    Daniel Poulos
    Martha Joan Tichenor
    Eighth District Court Clerk
    'In light of this order, we deny as moot respondent's motion to
    dismiss and notice of objection. We further• deny as moot appellant's
    motion for an extension of time, and we direct the clerk of this court to
    return, unfiled, appellant's civil proper person appeal statement
    provisionally received on May 6, 2014, and respondent's proper person
    response received on June 9, 2014.
    SUPREME COURT
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