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IN RE: K. B. AND Z. C.-H. GREGORY C.; MISHA H.; AND ZACHARY B., Appellants, v. STATE OF NEVADA DEPARTMENT OF FAMILY SERVICES; Z. C.-H.; AND K. B., Respondents.
ORDER DISMISSING APPEAL
This is an appeal from, a district court order for protective custody of minor children entered after a hearing held pursuant to NRS Chapter 432B. Eighth Judicial District Court, Family Division, Clark County; Stephanie Charter, Judge.
Initial review of the notices of appeal and the documents before this court reveals a jurisdictional defect. An order concluding the NRS Chapter 432B proceedings is not appealable because it arose in the juvenile Court and concerns child custody. NRAP 3A(b)(7). Additionally, temporary orders in NRS J32B actions are not final, and thus, are not appealable. See In re Temp. Custody of Five Minor Children, 105 Nev. 441, 443, 777 P.2d 901, 902 (1989). Instead, such orders must be challenged by way of writ petition. See In re A.B., 128 Nev. 764, 769, 291 P.3d 122, 1.26 (2012) (“[B]ecause the lower court's order arises from a juvenile proceeding and concerns child custody, it is not substantively appealable under NRAP 3A, and therefor, [the] only remedy is by way of a petition for a writ of man damns.”). Accordingly, this court lacks jurisdiction over this appeal and
ORDERS this appeal DISMISSED.
Cadish, J.
Pickering, J.
Bell, J.
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Docket No: No. 87432
Decided: October 26, 2023
Court: Supreme Court of Nevada.
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