TERRANCE WALKER AN INDIVIDUAL v. PHAZZER LLC FOREIGN CORPORATION (2023)

ORDER TO PAY FILING FEE

This appeal was docketed in this court on June 6, 2023, without payment of the requisite filing fee and without the case appeal statement. On that same date, this court issued a notice directing appellant to pay the filing fee within 14 days and a notice directing the district court to file the case appeal statement within 7 days. The case appeal statement was filed on June 8, 2023, and an amended case appeal statement was filed on June 9, 2023. In the notice of appeal and the amended case appeal statement, appellant indicates that this appeal is an amended notice of appeal that should be filed with his appeal pending in Docket No. 85608 and, therefore, no additional fees should be due pursuant to NRAP 3(e) and NRAP 4(a)(7).

Appellant's reliance on NRAP 3(e) and NRAP 4(a)(7) is misplaced. The appeal in Docket No. 85608 is from a district court order granting summary judgment. The instant appeal, however, appears to be from an award of attorney fees and costs entered in the same district court case underlying the appeal in Docket No. 85608. Because an appeal from an order regarding attorney fees constitutes an independently appealable special order after final judgment, see Smith v. Crown Financial Services, 111 Nev. 277, 280 n.2, 890 P.2d 769, 771 n.2 (1995), see also NRAP 3A(b)(8) (permitting an appeal from a special order after final judgment), a separate filing fee is required for the instant appeal, see Weddell v. Stewart, 127 Nev. 645, 653, 261 P.3d 1080, 1086 (2011) (“[A] special order after final judgment is independently appealable and therefore requires a separate filing fee.”). Accordingly, appellant shall have 30 days from the date of this order to pay the filing fee in this appeal. We caution appellant that failure to timely pay the filing fee will result in the dismissal of this appeal.

It is so ORDERED.

Stiglich, C.J.