LOPEZ v. BARRETT (2024)

ORDER DISMISSING APPEAL

This court's review of this appeal reveals a jurisdictional defect.¹ Specifically, based on the district court's docket entries, no written order was entered in the district court on August 15, 2024. See Rust v. Clark Cnty. Sch. Dist., 103 Nev. 686, 689, 747 P.2d 1380, 1382 (1987) (holding that “an unfiled written order [is] ineffective for any purpose”). Moreover, to the extent that appellant is appealing from the district court's August 22, 2024, order of affirmance, appellant's case arose in the justice court. The district court has final appellate jurisdiction over cases arising in the justice court. Nev. Const. art. 6, § 6; Waugh v. Casazza, 85 Nev. 520, 521, 458 P.2d 359, 360 (1969). Accordingly, we conclude that we lack jurisdiction to consider this appeal. This appeal is dismissed. Given the disposition of this appeal this court denies as moot appellant's motion for extension of time to submit motion for stay and her emergency motion for stay, respondent's “Request[s] that this Case be Immediately Dismissed without further Hearing of any Kind and Alternative Sanctions/Conditions,” and appellant's motion to strike filed on August 30, September 19, and September 27, 2024.

It is so ORDERED.

FOOTNOTES

1.   Appellant's motions for leave to file a late docketing statement and for an extension of time to file a transcript request form are granted. The clerk of this court shall file the docketing statement provisionally received in this court on September 24, 2024, and the transcript request form provisionally received on September 27, 2024.