Afrand v. Nev. Property 1, Llc ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
RICHARD AFRAND, No. 85589
Appellant,
vs.
NEVADA PROPERTY 1, LLC,
FILE
Respondent. NOV 1 7 2022
48ETH BROWN
- SUI ME COURT
ORDER DISMISSING APPEAL
This is a pro se appeal from multiple district court orders and
other filings. Eighth Judicial District Court, Clark County; Nancy L. Allf,
Judge.
Appellant identified the notice of appeal in this matter as a
third amended notice of appeal to be filed in Docket No. 84103. However,
because the notice of appeal challenges several new documents not
identified in appellant's previous notices of appeal, the notice was docketed
as a new appeal and assigned Docket No. 85589. This court's review of the
notice of appeal and documents before this court in Docket No. 85589
reveals jurisdictional defects regarding the new documents challenged in
this notice of appeal.'
No statute or court rule allows an appeal from all but one of the
newly challenged documents. See Brown v. MHC Stagecoach, LLC, 129
Nev. 343, 345, 301 P.3d 850, 851 (2013) (this court "may only consider
appeals authorized by statute or court rule"). The district court's September
"This court's jurisdiction over the appeal of the documents that are
challenged in Docket No. 84103 will be determined in the context of that
appeal.
SUPREME COURT
OF
NEVADA
(01 1947A
3
6, 2022, "Order Sustaining Objection to Defendant's Claim of Exemption
from Execution" appears substantively appealable. See NRAP 3A(b)(8).
However, the notice of appeal was untimely filed from service of notice of
entry of that order. In particular, notice of entry of the order was served on
appellant on September 6, 2022. The notice of appeal was not filed in the
district court until October 25, 2022, well past the 30-day deadline
established by NRAP 4(a)(1). This court lacks jurisdiction over an untimely
filed notice of appeal. Healy v. Volkswagenwerk Aktiengesellschaft, 103
Nev. 329, 330, 741 P.2d 432, 432 (1987). Accordingly, this court
ORDERS this appeal DISMISSED.
Hardesty
Al; 1/4.111G1.4 114r =3=r) , J.
Stiglich Herndon
cc: Hon. Nancy L. Allf, District Judge
Richard Afrand
Snell & Wilmer, LLP/Las Vegas
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
2
(0) I 947A 4031.