ROBERT GAVIN v. GREENBERG TRAURIG LLP (2026)

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order granting a special motion to dismiss under NRS 41.660 or, alternatively, motion to dismiss for failure to state a claim. Eighth Judicial District Court, Clark County; Mary Kay Holthus, 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). An order granting a special motion to dismiss can be appealable as a final judgment under NRAP 3A(b)(1) if the order finally resolves all issues in the case, leaving nothing for the court's further consideration, “except for post-judgment issues such as attorney fees and costs.” Lee v. GNLV Corp., 116 Nev. 424, 426-27, 996 P.2d 416, 417-18 (2000).

The order challenged here grants respondent's special motion to dismiss and allows respondent to seek statutory damages pursuant to NRS 41.670(1)(b). These statutory damages are part of the remedy afforded under NRS 41.670 when the court grants a special motion to dismiss. Because the challenged order does not finally resolve the issue of statutory damages, it is not a final appealable judgment. And no other statute or court rule authorizes an appeal from the challenged order. Accordingly, we lack jurisdiction and dismiss this appeal. Appellant may file a new notice of appeal once the district court enters an order resolving the issue of statutory damages. The order granting the special motion to dismiss may be challenged as an interlocutory order within any such appeal. See, e.g., Consol. Generator-Nev., Inc. v. Cummins Engine Co., 114 Nev. 1304, 1312, 971 P.2d 1251, 1256 (1998).

It is so ORDERED.

Pickering, J.

Parraguirre, J.

Bell, J.