RAYMOND MAX SNYDER v. LAUARA ANN SNYDER (2023)

ORDER DISMISSING APPEAL

This is a pro se appeal from various district court rulings in a divorce proceeding. Fourth Judicial District Court. Elko County; Robert E. Estes, Judge.

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. This court may only consider appeals authorized by statute or rule. Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850. 851 (2013). Appellant's notice of appeal purports to challenge a district court order in response to an emergency ex parte request for direction regarding a hearing and an opposition to a motion for sanctions. However, no statute or court rule authorizes such an appeal.

Although appellant asserts in his docketing statement that he is appealing from a final judgment under NRAP 3A(b)(l), he concedes that the district court did not adjudicate all the claims alleged below. See Lee v. GNLV Carp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment).

Appellant further asserts in his docketing statement that he sought a new trial pursuant to NRCP 59 and 60 based upon newly discovered evidence, among other things. An order denying a motion for a new trial would be substantively appealable under NRAP 3A(b)(2), but appellant has not supplied this court with a copy of a written order signed by the district court denying such a motion. See Moran v. Bonneville Square Assocs., 117 Nev. 525, 527, 25 P.3d 898, 899 (2001) (“[T]he burden rests squarely upon the shoulders of a party seeking to invoke our jurisdiction to establish, to our satisfaction, that this court does in fact have jurisdiction.”). Nor do the district court's docket entries or the other documents before this court reflect any written order denying a motion for a new trial. Finally, while appellant suggests that the district court may have verbally denied his request for a new trial, an oral ruling is not appealable. See Rust v. Clark Cty. Sch. Dist., 103 Nev. 686, 689, 747 P.2d 1380, 1382 (1987) (“The district court's oral pronouncement from the bench, the clerk's minute order, and even an unfiled written order are ineffective for any purpose and cannot be appealed.”). Accordingly, this court lacks jurisdiction and

ORDERS this appeal DISMISSED.

Herndon, J.

Lee, J.

Parraguirre, J.