Dupaix-Larson v. Maestes

IN THE SUPREME COURT OF THE STATE OF NEVADA
SANDY DUPAIX-LARSON, ON No. 83560
BEHALF OF JEREMIAH WIGGINTON,
Appellant,
vs.
RAYMOND MAESTES; AND LINDA
FILE
CHRISTINE MAESTES, JUL 01 2022
Res eondents.
ELJZABETH A. BROWN
CLERKcg Su REME COURT
BY '
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order denying
appellant's motion to dismiss and to extinguish temporary restraining
order. Seventh Judicial District Court, White Pine County; Gary Fairman,
Judge.
This court's review of the docketing statement and the
documents submitted to this court pursuant to NRAP 3(g) reveals a
jurisdictional defect. Specifically, it appears that the order is not
substantively appealable. See NRAP 3A(b). This court has jurisdiction to
consider an appeal only when the appeal is authorized by statute or court
rule. Taylor Constr. Co. v. Hilton Hotels Corp., 100 Nev. 207, 209, 678 P.2d
1152, 1153 (1984). Appellant states in her docketing statement that the
district court's order is appealable under NRAP 3A(b)(3) as an order
refusing to dissolve an injunction because it denied a request to extinguish
a temporary restraining order. However, upon a review of the documents
submitted to this court, it appears that appellant only sought
extinguishment of the temporary restraining order as a consequence of the
dismissal of respondents' complaint. No statute or court rule provides for
SUPREME COURT
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NEVADA
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an appeal from an order denying a motion to dismiss. Accordingly, this
court lacks jurisdiction and we
ORDER this appeal DISMISSED.
J.
Silver
Cadish
J.
Pickering
cc: Hon. Gary Fairman, District Judge
Laurie A. Yott, Settlement Judge
Sandy Dupaix-Larson
Goicoechea, Di Grazia, Coyle & Stanton, Ltd.
White Pine County Clerk
SUPREME COURT
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NEVADA
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