JACOB SOVEY JACOB HERRICK SOVEY v. SAMANTHA HERRICK SAMANTHA HERRICK SOVEY (2025)

ORDER DISMISSING APPEAL

This is an appeal from a December 31, 2024, district court order regarding a motion for change of custody or visitation. Second Judicial District Court, Family Division, Washoe County; Bridget E. Robb, Judge.

Our initial review of the documents before this court reveals a jurisdictional defect. Specifically, the order designated in the notice of appeal is not substantively appealable. See NRAP 3A(b). This court has jurisdiction to consider an appeal only when the appeal is authorized by statute or court rule. Taylor Constr. Co. v. Hilton Hotels, 100 Nev. 207, 678 P.2d 1152 (1984). No statute or court rule provides for an appeal from an order setting a hearing on a motion to modify child custody or visitation. Although NRAP 3A(b)(7) provides for appeals from district court orders that finally resolve all pending issues concerning child custody and visitation, the order here does not meet that standard, as it merely reviewed the parties’ competing arguments, concluded that respondent made a preliminary showing of a substantial change in circumstances affecting the children's welfare, and determined that a hearing on the motion to modify is warranted. Whether any formal modification of the parties’ custodial arrangements is appropriate has yet to be decided by the district court. As a result, the order does not finally resolve the pending child custody issues, and this court lacks jurisdiction over this appeal. Accordingly, we

ORDER this appeal DISMISSED.¹

Pickering, J.

Cadish, J.

Lee, J.

FOOTNOTES

1.   In light of this order, appellant's motion for stay is denied as moot.