SHARPE v. GRUNDY (2018)

ORDER DISMISSING APPEAL

This is a pro se appeal. Eighth Judicial District Court, Clark County; Joseph Hardy, Jr., Judge.

Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal appears to be untimely filed under NRAP 4(a) because it appears that it was prematurely filed, before the entry of a final written judgment, and is therefore of no effect. See NRAP 4(a)(1); Rust v. Clark Cty. School District, 103 Nev. 686, 747 P.2d 1380 (1987). Moreover, the district court minutes expressly anticipate additional proceedings.

In addition, it appears that the order 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). Appellant appears to challenge a decision after an evidentiary hearing to prove up damages. No statute or court rule provides for an appeal from a decision on a prove-up hearing.

Accordingly, we conclude that we lack jurisdiction, and we

ORDER this appeal DISMISSED.¹

FOOTNOTES

1.   We take no action on appellant's request for transcripts, filed June 27, 2018.