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IN RE: E.W.B. DATE OF BIRTH: 10/12/2011; E.W.B. DATE OF BIRTH: 11/12/2010; A.W.B. DATE OF BIRTH: 11/13/2020; A.W.B. DATE OF BIRTH: 04/30/2022 AND T.B. DATE OF BIRTH: 03/18/2024 REBECCA W. AND JONATHAN B., Appellants, v. THE STATE OF NEVADA; E.W.B.; E.W.B.; A.W.B.; A.W.B. AND T.B., Respondents.
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order, entered in a juvenile court matter, granting Clark County Family Services temporary legal and physical custody of minor children. Eighth Judicial District Court, Family Division, Clark County; Robert Teuton, 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 court rule.” Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013). No statute or court rule authorizes an appeal from the aforementioned order. In re Temporary Custody of Five Minor Children, 105 Nev. 441, 777 P.2d 901 (1989) (“[O]rders granting petitions for temporary custody pursuant to NRS Chapter 432B are not substantively appealable.”). Accordingly, we lack jurisdiction and
ORDER this appeal DISMISSED.1
Pickering, J.
Cadish, J.
Lee, J.
FOOTNOTES
1. Respondent State of Nevada has filed a motion to dismiss this appeal for lack of jurisdiction and appellants have filed a motion for stay. Given the dismissal of this appeal, the motions are denied as moot.We nevertheless note that it is unclear whether State of Nevada properly served appellants with its motion to dismiss where the certificate of service states that appellants were served by mail “and/or” by email. If appellants were served via email only, service was improper because there is no indication that appellants consented to such service. See NRAP 25(c)(2)(B). Counsel is advised that certificates of service should unambiguously state the manner of service; the use of “and/or” is strongly discouraged.
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Docket No: No. 89846
Decided: February 07, 2025
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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Enter information in one or both fields (Required)