In Re: El Capitan Precious Metals, Inc. ( 2021 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
IN THE MATTER OF EL CAPITAN No. 82875
PRECIOUS METALS, INC.
DANIEL GAINNO MARTINEZ.
Appellant, HLED
vS.
DOUGLAS SANDERS, AUG 1 2 2021
Respondent. EUZABETH A. BROWN
CLERK 0 SU EME COURT
BY
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order granting a
motion to strike various filings, including a motion for relief under NRCP
60.
Our review of the record and other documents before this court
reveals a jurisdictional defect. Only [a] party who is aggrieved by an
appealable judgment or ordee has the right to appeal. NRAP 3A(a). A
person is not considered a party within the meaning of NRAP 3A(a) unless
he "has been named as a party of record in the trial court." Valley Bank of
Nevada v. Ginsburg, 1.10 Nev. 440 448. 874 P.2d 729, 735 (1994). "[lit has
been the consistent policy of this court to foster simplicity, clarity and
certainty in our jurisdictional rules by refraining from ad hoc dispensations
and exceptions that would allow persons or entities who were not parties
of record to appeal. Gladys I3aker Olsen Family Tr. v. Olsen, 109 Nev, 838,
841, 858 P.2d 385, 387 (1993).
Further, consistent with our limited appellate jurisdiction, this
court construes the term "party" narrowly. For example, in Valley Bank of
Nevada v. Ginsburg, this court dismissed an appeal brought by nonparty
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shareholders seeking to challenge a settlernent agreement, even though
they had appeared in the district court and objected to the proposed
settlement. 110 Nev. at 448. 874 P.2d at We concluded that they were
not parties with standing to appeal because "l. t. lhey never intervened and
thus never became parties of record in the trial court." Id.
Here, appellant was not a named party of record in the
proceedings below. Nor did he seek to intervene. Therefore, appellant is
not a party with standing to appeal. Accordingly, because this court lacks
jurisdicti on, we
ORDER this appeal DISMISSED.'
,
Hardesty
Parraguirre
cc: Hon. Carli Lynn Kierny, District Judge
Daniel Gabino Martinez
Leah Martin Law
Eighth District Court Clerk
'In light of this order, we take no action regarding the letter filed by
appellant on July 14, 2021.
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