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ANGELO SMITH, Appellant, v. JOY QUIRIMIT, Respondent.
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order denying appellant's interlocutory petition for abatement and establishing temporary child custody and support. Eighth Judicial District Court, Clark County; Kerri J. Maxey, Judge.
Review of the notice of appeal and documents before this court reveals a jurisdictional defect. No statute or court ride authorizes an appeal from the challenged order. See Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (this court “may only consider appeals authorized by statute or court ride”): In re Temporary Custody of Five Minors, 105 Nev. 441, 443, 777 P.2d 901, 902 (1989) (indicating that orders granting temporary custody are not substantively appealable); NRAP 3A(b)(7) (allowing appeals from orders finally resolving issues of child custody).
Appellant suggests the order is appealable pursuant to the collateral order doctrine and as an order denying a motion to dismiss. But this court has declined to adopt the collateral order doctrine. State Taxicab Auth. v. Greenspan, 109 Nev. 1022, 1025, 862 P.2d 423, 425 (1993), and an order denying a motion to dismiss is not appealable,1 Kirsch v. Traber, 134 Nev. 163, 168, 414 P.3d 818, 822 (2018). Accordingly, we lack jurisdiction and
ORDER this appeal DISMISSED.2
Pickering, J.
Cadish, J.
Lee, J.
FOOTNOTES
1. Appellant cites to Ducharm v. District Court, 95 Nev. 248, 593 P.2d 48 (1979), in support of his statement that orders denying motions to dismiss for lack of jurisdiction are appealable. This court is unable to locate any such case.
2. Given this order, appellant's motion for stay is denied as moot.
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Docket No: No. 90358
Decided: April 04, 2025
Court: Supreme Court of Nevada.
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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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