Hinch v. Jensen (Child Custody) ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
SILVA HINCH, No. 84438
Appellant,
vs.
DUSTY JENSEN,
Respondent.
MED
APR 0 8 2022
A. BROWN
EAlE COUIU
ERK
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order granting a
motion to modify custody of a minor child and from a district court order
granting a motion for temporary sole custody of a minor child. Fourth
Judicial District Court, Elko County; Alvin R. Kacin, Judge.
Review of the notice of appeal and documents before this court
reveals a jurisdictional defect. Notice of entry of the order granting the
motion to modify custody was served on appellant, via mail, on February 3,
2022. Thus, the notice of appeal was due to be filed in the district court by
March 10, 2022. See NRAP 4(a)(1); NRCP 6(d). Appellant, however, did not
file the notice of appeal in the district court until March 17, 2022. Further,
an order awarding temporary custody of a minor child is not substantively
appealable. In re Temporary CustOdy of Five Minors, 105 Nev. 441, 777 P.2d
901 (1989); cf. NRAP 3A(b)(7) (authorizing an appeal from a district court
order finally establishing the custody of minor children). Accordingly, this
court lacks jurisdiction, see Healy v. Volkswagenwerk, 103 Nev. 329, 330-31,
SUPREME Cowls
oF
NEVADA
(0) 1947A 44114to
741 P.2d 432, 433 (1987) (this court lacks jurisdiction over an untimely
notice of appeal), and
ORDERS this appeal DISMISSED.
J.
Silver
4.
Cadish
CeeeN, ,J. Pick.
Pickering
J.
ce: Hon. Alvin R. Kacin, District Judge
Silva Hinch
Dusty Jensen
Elko County Clerk
SUPREME COURT
OF
NEVADA
t O) 1947A 4EN10
2