Fowler v. Am. Textile Maint. Co.

IN THE SUPREME COURT OF THE STATE OF NEVADA
DENISE JAN FOWLER, No. 84273
Appellant,
vs.
AMERICAN TEXTILE MAINTENANCE FILED
COMPANY,
JUN 1 6 2022
Res iondent.
ELIZABETH A. BROWN
CLERK OF SUPREME COURT
BY
DEPU CLERK
ORDER DISMISSING APPEAL
This is an appeal from an order granting a motion to enforce a
writ of garnishment. Eighth Judicial District Court, Clark County; Mark
R. Denton, Judge.
Appellant proposed in the docketing statement that the order is
appealable as a special order after final judgment. This court noted that it
was not clear how the writ of garnishment alters or affects the rights and
obligations of the parties arising from the underlying foreign judgment and
directed appellant to show cause why the appeal should not be dismissed
for lack of jurisdiction. See Gumm v. Mainor, 118 Nev. 912, 920, 59 P.3d
1220, 1225 (2002) (holding that, to be appealable under NRAP 3A(b)(2), a
special order made after final judgment "must be an order affecting the
rights of some party to the action, growing out of the judgment previously
entered"). Appellant argues that the district court applied the wrong
standards in holding that respondent is entitled to enforce the writ of
garnishment against her and cites NRS 31.460, providing for an appeal
from any final judgment in a garnishment proceeding. The final judgment
was the issuance of the writ of execution. Appellant fails to demonstrate
that the order alters the rights and obligations of the parties arising from
SUPREME COURT
OF
NEVADA
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the issuance of the writ. An order merely enforcing a prior appealable order
does not affect the rights of a party growing out of the final judgment and
is not appealable as a special order after final judgment. See Gumm at 912,
920, 59 P.3d at 1225. This court lacks jurisdiction, and
ORDERS this appeal DISMISSED.
J.
Hardesty
J.
Stiglich
Herndon
cc: Hon. Mark R. Denton, District Judge
Charles K. Hauser, Settlement Judge
Benjamin B. Childs
Lewis Roca Rothgerber Christie LLP/Las Vegas
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
(0) 1947A mgiDir.
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