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DANIEL LIBERATORE, Appellant, v. THE STATE OF NEVADA EMPLOYMENT SECURITY DIVISION; LYNDA PARVEN IN HER CAPACITY AS ADMINISTRATOR OF THE EMPLOYMENT SEURITY DIVISION; AND J. THOMAS SUSICH IN HIS CAPACITY AS THE CHAIRPERSON OF THE EMPLOYMENT SECURITY DIVISION BOARD OF REVIEW, Respondents.
DANIEL LIBERATORE, Appellant, v. THE STATE OF NEVADA EMPLOYMENT SECURITY DIVISION; LYNDA PARVEN IN HER CAPACITY AS ADMINISTRATOR OF THE EMPLOYMENT SEURITY DIVISION; AND J. THOMAS SUSICH IN HIS CAPACITY AS THE CHAIRPERSON OF THE EMPLOYMENT SECURITY DIVISION BOARD OF REVIEW, Respondents.
ORDER DISMISSING APPEAL AND DIRECTING TRANSMISSION OF RECORD
These are pro se appeals from a district court order dismissing a petition for judicial review and a district court order denying a motion to amend the order of dismissal. Eighth Judicial District Court, Clark County; Jessica K. Peterson, Judge.
Review of the notice of appeal in Docket No. 87338, which challenges the order denying the motion to amend, reveals a jurisdictional defect. An order denying a motion to amend is not substantively appealable. A Cab, LLC v. Murray, 137 Nev. 805, 821, 501 P.3d 961, 976 (2021). Therefore, the appeal in Docket No. 87338 is dismissed. However the order denying the motion to amend may be considered as part of the appeal from the order of dismissal in Docket No. 87337. See id. (“Orders deciding an NRCP 59(e) motion are not independently appealable but are reviewed for an abuse of discretion when included with a proper appeal.”).
Having reviewed the documents on file in Docket No. 87337, this court concludes that review of the complete record is warranted. NRAP 10(a)(1). Accordingly, within 30 days from the date of this order, the clerk of the district court shall transmit to the clerk of this court a certified copy of the trial court record in District Court Case No. A-22-856803-J. See NRAP 11(a)(2) (providing that the complete “record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court,” as well as “any previously prepared transcripts of the proceedings in the district court”). The record shall not include any exhibits filed in the district court. NRAP 11(a)(1).
It is so ORDERED.
Herndon, J.
Lee, J.
Parraguirre, J.
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Docket No: No. 87337, No. 87338
Decided: October 04, 2023
Court: Supreme Court of Nevada.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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