Taylor v. Brill, M.D. ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
KIMBERLY D. TAYLOR, AN No. 84421
INDIVIDUAL,
Appellant,
VS.
KEITH BRILL, M.D., FACOG, FACS,
FILE
AN INDIVIDUAL; AND WOMEN'S AUG 1 1 2022
HEALTH ASSOCIATES OF
ELIZABE A. BROWN
SOUTHERN NEVADA-MARTIN PLLC, CL OF var.:. COURT
A NEVADA PROFESSIONAL LIMITED CLERK
LIABILITY COMPANY,
Res • ondents.
ORDER DISMISSING APPEAL
This is an appeal from a postjudgment order denying a motion
to disqualify respondents' law firm. Eighth Judicial District Court, Clark
County; J. Charles Thompson, Judge.
Initial review of this appeal revealed a potential jurisdictional
defect. Specifically, it appears that the order challenged on appeal is not
substantively appealable. Accordingly, this court directed appellant to
show cause why this appeal should not be dismissed for lack of jurisdiction.
Appellant has filed a response to this court's show cause order, and
respondents have filed a reply.
In her response to the order to show cause, appellant argues
that the challenged order is appealable as a special order entered after final
judgment under NRAP 3A(b)(8). This court has repeatedly stated that
mandamus is the appropriate vehicle for challenging orders disqualifying
counsel. See Nev. Yellow Cab Corp. v. Eighth Judicial Dist. Court, 123 Nev.
44, 49, 152 P.3d 737, 740 (2007); Waid v. Eighth Judicial Dist. Court, 121
Nev. 605, 609, 119 P.3d 1219, 1222 (2005); Leibowitz v. Eighth Judicial Dist.
SUPREME COURT
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Court, 119 Nev. 523, 529, 78 P.3d 515, 519 (2003). The right to an appeal
is statutory; if no statute or court rule provides for an appeal, no right to
appeal exists. See Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301
P.3d 850, 851 (2013). No statute or court rule provides for an appeal from
an attorney disqualification order. Accordingly, this court lacks jurisdiction
and
ORDERS this appeal DISMISSED.
J.
Hardesty
AI,L$G4-0
Stiglich Herndon
cc: Chief Judge, The Eighth Judicial District Court
Hon. J. Charles Thompson, Senior Judge
Breeden & Associates, PLLC
McBride Hall
Eighth District Court Clerk
SUPREME COURT
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